WorldWideScience

Sample records for satellites legal aspects

  1. Legal Aspects of Propaganda and Incitement via Satellite

    Science.gov (United States)

    Achilleas, P.

    2002-01-01

    At the beginning of space broadcasting, the use of satellite for propaganda was feared by most countries. Several studies have shown the potential threat of propaganda via satellite. For these reasons, some delegations tried unsuccessfully to include in the 1967 Outer Space Treaty an article prohibiting space propaganda. Finally, under pressure from the Soviet Union and Brazil, the preamble of the 1967 Treaty refers to the 1947 Resolution 110 (II) of the United Nations General Assembly, which condemns propaganda. International law complements the Outer Space Treaty by expressly condemning certain types of propaganda. International law, through several texts condemns war propaganda aimed at provoking armed conflict as well as subversive propaganda aimed at provoking a Coup d'Etat. With the recent war in Afghanistan, the question of war incitement via satellite was invoked in regard to the channel Al Jazzera which was reproached for encouraging conflict and diffusing the words of Osama Ben Laden calling for holy war against the United States. Here again, international law prohibits war incitement. However, the notion of propaganda and war incitement does not lead to an automatic restriction of information since communication via satellite is also protected by freedom of information. Therefore, in all democratic societies, a balance should be made between freedom of information and protection of public order, national security and international peace. Several examples will be taken in order to illustrate this paper, for example of Al Jazzera accused of war and terrorist incitement, Med TV accused by Turkey of subversive Kurdish propaganda and CNN accused by China of defamatory propaganda.

  2. [Teenage pregnancies, legal aspects].

    Science.gov (United States)

    Rogue, Fanny

    2016-01-01

    Minor girls are legally considered as incapable, under the authority of their parents. Difficulties can arise when a minor becomes pregnant. The law takes account of this situation: under certain conditions, she can decide by herself to undertake certain actions, medical or otherwise, without the consent of her parents. These include access to contraception, abortion or anonymous birth.

  3. SPAM -- Technological and Legal Aspects

    CERN Document Server

    Banday, M Tariq

    2011-01-01

    In this paper an attempt is made to review technological, economical and legal aspects of the spam in detail. The technical details will include different techniques of spam control e.g., filtering techniques, Genetic Algorithm, Memory Based Classifier, Support Vector Machine Method, etc. The economic aspect includes Shaping/Rate Throttling Approach/Economic Filtering and Pricing/Payment based spam control. Finally, the paper discusses the legal provisions for the control of spam. The scope of the legal options is limited to USA, European Union, New Zealand, Canada, Britain and Australia.

  4. 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.

  5. 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

  6. [Legal aspects of ritual circumcision].

    Science.gov (United States)

    Schreiber, M; Schott, G E; Rascher, W; Bender, A W

    2009-12-01

    Female circumcision (genital mutilation) is a criminal violation of human rights under German law. Even with consent of the person to be circumcised and/or her legal representative this procedure must not be carried out since a consent to female circumcision is unethical and therefore void. As much consent as there is on female circumcision the legal situation with ritual male circumcision is very unclear. In practice and unnoticed by the public male circumcision is carried out - be it for medical or ritual reasons - without deeper-going reflexions on the clearness of the medical indication or the legal situation with ritual circumcision. From the medical aspect there are big differences between female and male circumcision but also certain parallels. Various reasons, partly founded in prejudice and misinformation, make people refrain from regarding circumcision of boys also as illegal. Contrary to the prevailing opinion male circumcision also represents a bodily harm which a doctor can only carry out after a preoperative interview and with the consent of the affected person. Since ritual male circumcision does not serve the wellbeing of a child it is not possible for the parents to give their consent to the circumcision in lieu of the child. Male circumcision is only permitted if the child has given his consent and is thus only legally permitted if the child has reached an age at which he is mature enough to understand the meaning and extent of such an action which is hardly the case before he has completed his 16 (th) year.

  7. Investigating legal aspects of cyberbullying.

    Science.gov (United States)

    Paul, Simone; Smith, Peter K; Blumberg, Herbert H

    2012-11-01

    In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

  8. [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.

  9. Psychopathy: Legal and neuroscientific aspects

    Directory of Open Access Journals (Sweden)

    Joaquin Ortega-Escobar

    2017-01-01

    Full Text Available Psychopathy is characterised by emotional disturbances that affect interpersonal behaviour and decision-making. The objective of this paper is to review the most recent contributions to the field of neuroscience of psychopathy and the implications that this disorder has on the criminal legal field. In regards to this last aspect, we evaluate the issue of psychopaths’ accountability and the incidence of psychopathy in many other penal institutions. In terms of the contributions of neuroscience, we will focus on the orbitofrontal (ofPFC and ventromedial (vmPFC regions of the frontal lobes and on the amygdala. Data spanning from the nineteenth century to the present indicate that damage to the ofPFC and vmPFC is the basis of behaviours that have been referred to as pseudopsychopathic. The earlier during brain development the damage occurs, the more likely these behaviours will resemble those of psychopaths. The damage to the amygdala is rather related to impairments in the ability to distinguish facial expressions of fear and the capacity to feel emotions. Damage to ofPFC, vmPFC, and amygdala are highly relevant to the expression of pseudopsychopathic behaviours.

  10. Understanding How Grammatical Aspect Influences Legal Judgment.

    Directory of Open Access Journals (Sweden)

    Andrew M Sherrill

    Full Text Available Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder, the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect, which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality. In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments.

  11. Understanding How Grammatical Aspect Influences Legal Judgment.

    Science.gov (United States)

    Sherrill, Andrew M; Eerland, Anita; Zwaan, Rolf A; Magliano, Joseph P

    2015-01-01

    Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether grammatical aspect may also impact legal judgments. In a series of four experiments participants were provided with a legal definition and a description of a crime in which the grammatical aspect of provocation and murder events were manipulated. Participants were asked to make a decision (first- vs. second-degree murder) and then indicate factors that impacted their decision. Findings suggest that legal judgments can be affected by grammatical aspect but the most robust effects were limited to temporal dynamics (i.e., imperfective aspect results in more murder actions than perfective aspect), which may in turn influence other representational systems (i.e., number of murder actions positively predicts perceived intentionality). In addition, findings demonstrate that the influence of grammatical aspect on situation model construction and evaluation is dependent upon the larger linguistic and semantic context. Together, the results suggest grammatical aspect has indirect influences on legal judgments to the extent that variability in aspect changes the features of the situation model that align with criteria for making legal judgments.

  12. CHILD LABOR ABUSE: LEGAL ASPECTS

    Directory of Open Access Journals (Sweden)

    Darko Majhoshev

    2016-01-01

    Full Text Available The paper addresses the problem of child labor and ways of protection from child labor abuse. Child labor is a negative social phenomenon that is widespread throughout the world, and also in Republic of Macedonia. International and national institutions and organizations are making serious efforts to eradicate this negative phenomenon, through the adoption of numerous international legal instruments (conventions, recommendations, declarations, etc.. Child labor as a phenomenon refers to the employment of children in any work that deprives children of their childhood, interferes with their ability of education, and that is socially, mentally, physically, or morally dangerous and harmful. All international organizations define this practice as exploitative and destructive to the development of the whole society. With international legal instruments of the UN, ILO, Council of Europe and the EU child labor is strictly prohibited. There are some important differences which exist between the many kinds of work that is done by children. Some of them are demanding and difficult, others are hazardous and morally reprehensible. Children are doing a very wide range of activities and tasks when they work.

  13. [Legal aspects of mineral waters].

    Science.gov (United States)

    Callipo, C

    1976-01-01

    The Author takes up the subject of the report in order to carry out a comprehensive legal recognition of the mineral water regulations in Italy and emphasizes that in this field the results of scientific conclusions, or rather of the various scientific branches (medical hydrology, microbiology, chemics, hydrogeology, medical clinics, pharmacology, etc.) supply a cognitive support to the legislator and the substantial contents to the legal standards. He therefore illustrates the two main outlines of the rules, i.e. the hygienic sanitary one and the mineral one: such lay-out is subsequently related to the implementation of the Regions on one hand and to the enforcement of CEE-rules on the other. This has led to the fact that the hygienic-sanitary legislation was confirmed to the State while the mineral one was transferred to the Regions. After having shown up contrasts and expressed the necessity of clearness and uniformity of rules and criteria, the Author connects these requirements mainly with the implementation of hygienic-sanitary surveillance and consequently with the evaluation of the banal bacterical contents under the point of view of merit--i.e. the rules should include the probative results of science--as well as from a point of view of coordinated allotments of competence by the various organisms.

  14. Understanding How Grammatical Aspect Influences Legal Judgment

    NARCIS (Netherlands)

    Sherrill, Andrew M.; Eerland, Anita; Zwaan, Rolf A.; Magliano, Joseph P.

    2015-01-01

    Recent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether grammatical aspect

  15. Legal Aspects In Stroke Management

    Directory of Open Access Journals (Sweden)

    Reza Hajmanouchehri

    2017-02-01

    Full Text Available Due to increasing the cases of complaint from therapeutic staff, referred to Legal Medicine decided to mention a few examples of these actions and by reviewing them, we want to do something even nothing to prevention. Three cases were given and discussed in this article. 1. Patient is a 68-year-old woman complaining of weakness of her left side and speech disturbance that started about 2 hours earlier, was admitted to hospital at 8 am. Patient with a diagnosis of ischemic stroke in progress is placed in antiplatelet therapy (Plavix 4 initial dose and one per day and an 80 mg aspirin per day and anti-Coagulation Heparin (initial dose of 6000 units and 1000 units per hour.Patient conflicts with loss of consciousness at 17:45. By doing CT, they have found a large hemorrhage in the right parietal Frontó with severe shift from midline, IVH, SAH. Currently, patient has movement disorders and several cerebral complications. 2. The patient took under angiography because of chest pain. Patient had an unpleasant feeling in organs at the time of angiography and the symptoms have been intensified in the afternoon of that day and conflicted with headache and blurred vision. The next day, he also afflicted with weakness of organs and at 8 am neurology consultation is requested, and according to a neurologist takes MRI. The patient was suffered from speech impairment and right hemiparesis. MRI indicates stroke. Two days later, intravenous heparin begins. The Patient discharged on 31/4/ … . 3. The patient hospitalized because of headache and weakness of right organs and with a presumptive diagnosis of stroke. Headache had progressive trend. There were not seen certain lesions on the initial CT. 5000 units of heparin with 1000 units of infusion in an hour starts with telephone orders at 8 am. The morning 1/8 /..., he afflicted with loss of consciousness, and transferred to the ICU. In morning experiment, patient’s platelet is reported low (47000.The patient

  16. Understanding how grammatical aspect influences legal judgment

    NARCIS (Netherlands)

    A.M. Sherrill (Andrew M.); A. Eerland (Anita); R.A. Zwaan (Rolf); J.P. Magliano (Joseph P.)

    2015-01-01

    textabstractRecent evidence suggests that grammatical aspect can bias how individuals perceive criminal intentionality during discourse comprehension. Given that criminal intentionality is a common criterion for legal definitions (e.g., first-degree murder), the present study explored whether gramma

  17. ECONOMIC - LEGAL ASPECTS OF OLYMPIC MARKETING

    Directory of Open Access Journals (Sweden)

    Voevodina S. S.

    2014-06-01

    Full Text Available The economic and legal aspects of Olympic marketing have been analyzed in the article. The development of the Olympic marketing tools is also being discussed. Along with this, the necessity of the formulation of the marketing activity law is based in the article

  18. Economic and Legal Aspects of Electronic Money

    Directory of Open Access Journals (Sweden)

    Otakar Schlossberger

    2016-06-01

    Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

  19. Legal aspects of some internet marketing instruments

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2012-01-01

    Full Text Available The development of the Internet and sophisticated search engines such as e.g. Google together with the spread of social networks have introduced new marketing possibilities of addressing potential clients with offer of goods and services. Unlike most traditional marketing procedures, these instruments allow for targeting the business information directly at concrete individuals, taking into consideration their age, sex, education, hobbies. All this is based on their choice of words keyed into the search engines. This is the targeted advertising where consumer response can be accurately measured, e.i. the so called context advertising.The purpose of this paper is to analyse the legal aspects of some of the above mentioned internet marketing instruments, as even in this sphere legal regulation clearly lags behind the dynamically developing possibilities of the Internet as a means of communication. These marketing methods being viewed from the perspective of valid laws, several problem areas may be detected, which concern the right of privacy protection of natural person, intellectual property, or legal regulation of implied or unsolicited advertising.This paper concentrates on the summary of rules of law which regulate internet users privacy protection with respect to the Czech and Community laws, assessment of their efficiency and de lege ferenda discretion.

  20. [Animal experiments: legal, scientific and ethical aspects].

    Science.gov (United States)

    Houvenaghel, A

    2000-01-01

    Among the legal aspects the following topics are treated: the definitions of an experimental animal, an animal experiment and alternative methods with special reference to the 3 R's (replacement, reduction and refinement of animal experiments); the qualifications, education and training of researchers and animal technicians; the licence for animal experimentation; the control on animal welfare; the origin and identification of experimental animals; statistical data on the number of experimental animals; ethics committees and their structure and functions in The Netherlands and Flanders. Extrapolation, species specificity and variability are the most important scientific limitations of animal experimentation. After a short historical survey on the man-animal relation, the following ethical aspects are discussed: the instrumental versus intrinsic value of an experimental animal; the hybrid status of the animal; the objectives of animal rights movements; the balance between the human benefit of an animal experiment and the discomfort for the animal; the problem of animal rights and animal suffering and pain.

  1. Legal and Psychological Aspects of Mediation

    Directory of Open Access Journals (Sweden)

    Dobrokhotova E. N.

    2016-01-01

    Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

  2. Legal aspects of transferring some state powers to municipal administration

    OpenAIRE

    Kuznetsov, S.

    2011-01-01

    The article analyzes legal aspects of transferring some state powers to municipal administration; reveals problems arising during this process in some regions; draws conclusions on the topic concerned.

  3. Medico-legal aspects of doping.

    Science.gov (United States)

    Madea, B; Grellner, W; Musshoff, F; Dettmeyer, R

    1998-03-01

    Abuse of anabolic steroids is an increasing problem not only among athletes but also body-builders and teenagers. A fast-developing black market has been established since the opening of the borders to eastern Europe. Medico-legal aspects of doping are addressed with particular reference to toxicology and pathology. Constituents of anabolic steroids bought on the black market were identified using gas chromatography/mass spectrometry; the products did not contain the expected ingredients in 35% of cases. Long-term effects and fatalities because of anabolic steroid abuse are reported here based on our own case material and a literature review. In our own cases, severe cardiovascular side-effects developed after long-term abuse of Dianabol (methandrostenolone) and Oral-Turinabol (chlordehydromethyltestosterone), i.e. myocardial infarction, stroke, organomegaly and/or severe atherosclerosis. The pathogenesis of cardiovascular complications (cardiotoxic effect, risk of atherosclerosis, thrombogenic risk) is discussed based on the available literature reports following fatal outcome after the abuse of anabolic steroids.

  4. CONTROVERSIAL ASPECTS REGARDING APPOINTING AND REVOKING THE LEGAL ENTITY ADMINISTRATOR

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    CARMEN TODICA

    2012-05-01

    Full Text Available Having as main objective the analysis the provisions of Company Law and the New Civil Code regarding the management of a trading company by a legal person, the study offers several solutions to a number of controversial issues with strict reference to two aspects: appointing and revoking the legal entity administrator. Can the administrator be any entity with a legal personality or just a trade company? Is the administrator subject to legal requirements of good repute, characteristic to a representative natural person? Can the legal person fulfill the president position in a collective administrative body? Can he be revoked ad nutum? Regarding the administrator legal person representative, may the company revoke the administrator, on its own? There are several questions outlining the juridical status of the administrator legal person, and to which the paper tries to find answers, introducing some jurisprudence solutions, comparative law issues and controversial doctrinal views.

  5. Legal Aspects of University Autonomy in Brazil

    Science.gov (United States)

    Ranieri, Nina Beatriz Stocco

    2009-01-01

    State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

  6. Legal Aspects of University Autonomy in Brazil

    Science.gov (United States)

    Ranieri, Nina Beatriz Stocco

    2009-01-01

    State control over higher education has been provided for in the Brazilian legal system since the establishment of the republic, with university autonomy having been the object of six reforms of higher education and various federal decrees up until the federal constitution of 1988, which upheld it in Article 207. In a country with a limited and…

  7. Legal aspects in implantable defibrillator extraction.

    Science.gov (United States)

    D'Ovidio, C; Costantini, S; Vellante, P; Carnevale, A

    2013-10-01

    At the Institute of Legal Medicine in Chieti, a case of iatrogenic superior vena cava perforation was observed during laser extraction of an infected biventricular implantable cardiac defibrillator. The presentation of this particular case represented a starting point for studying the occurrence of similar complications in literature, since their knowledge and understanding should induce resolution of any organisation problems, aid in increasing physicians' training and impose the availability of cardiac surgeons during such operations.

  8. [Legal aspects of psychiatry in Soviet legislation].

    Science.gov (United States)

    Babayan, E A

    1977-01-01

    The Author examines and describes in detail the normative and organizational aspects of forensic-psychiatric services in the URSS. Both criminal expert opinions and civil aspects are described. The problem of civil rights of mentally ill persons are discussed together with education and training of the experts employed in institutions and by the courts.

  9. Irrationality: psychological, ethical and legal aspects.

    Science.gov (United States)

    Dimitrov, A

    1999-01-01

    A definition and a concise classification of irrational mentality and behaviour is proposed in the paper. The basic goal is to reveal the psychological mechanisms of inducing irrational individual and group behaviour by certain social agents. An attempt is made to apply the methodology of self-organization theory to the analysis of psychic equilibrium. The inducing of irrational behaviour is qualified as a crime against the freedom of the individual. In view of its grave social consequences a plea for its serious legal treatment is made.

  10. Legal aspects of E-HEALTH.

    Science.gov (United States)

    Callens, Stefaan; Cierkens, Kim

    2008-01-01

    Cross-border activities in health care in the European single market are increasing. Many of these cross-border developments are related to e-Health. E-Health describes the application of information and communication technologies across the whole range of functions that affect the health care sector. E-health attracts a growing interest on the European level that highlights the sharp need of appropriate regulatory framework able to ensure its promotion in the European Union. Some Directives constitute a step in this direction. Both the Data Protection Directive, the E-Commerce Directive, the Medical Device Directive and the Directive on Distance Contracting are some of the most important European legal achievements related to e-Health. Although the directives are not adopted especially for e-health applications, they are indirectly very important for e-Health. Firstly, the Data Protection Directive applies to personal data which form part of a filing system and contains several important principles that have to be complied with by e-Health actors processing personal data concerning health. Secondly, the E-commerce Directive applies to services provided at a distance by electronic means. Many e-Health applications fall within this scope. Thirdly, the Medical Devices Directive is of importance for the e-Health sector, especially with regard to e.g. the medical software that is used in many e-health applications. Finally, the Directive on Distance Contracting applies to contracts for goods or services which make use of one or more means of distance communication; E-Health business may involve the conclusion of contracts. Despite these Directives more developments are needed at the European level in order to make sure that e-Health will play an even more important role in health care systems than is the case today. The new e-Health applications like electronic health records, e-health platforms, health grids and the further use of genetic data and tissue involve new

  11. Legal aspects of rural tourism in Uruguay

    Directory of Open Access Journals (Sweden)

    Hugo Ferreira Arizaga

    2017-04-01

    Full Text Available Rural tourism is now a growing modality in Uruguay and in the world.In the national legal norm that regulates this activity is Decree 371/2002, which established the characterization of rural tourism and the conditions of their providers.According to this rural tourism it is developed outside urban centers, with personalized service and spacious; uses natural, cultural, heritage, housing and services of the rural areas, it contributes to local development resources, diversification and tourism competitiveness.We intend to analyze the regulatory framework of the activity, with special emphasis on the categorization of the establishments and the set obligations for providers of rural tourism services, the liability regime established in the Law on Tourism and the application

  12. Autonomous driving technical, legal and social aspects

    CERN Document Server

    Gerdes, J; Lenz, Barbara; Winner, Hermann

    2016-01-01

    This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the auth...

  13. Women, children and advertising - legal and ethical aspects

    OpenAIRE

    Stejskalová, Radka

    2012-01-01

    The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.

  14. Legal aspects of termination of employment.

    Science.gov (United States)

    Greenberg, R B

    1984-10-01

    Legal issues involved in termination of employment are identified, and practical implications of these issues for employers and employees are discussed. There is no general protection against arbitrary dismissal from employment in the United States. Federal statutes restricting termination at will are listed; each state also may have laws protecting employees from arbitrary dismissal. Cases in which state courts have established exceptions to the termination-at-will general rule are described; these suits have been based upon breach of contract, tort, or "public policy" exceptions such as refusing to commit an unlawful act, performing a public obligation or upholding the law, and whistle-blowing. Considering the evolving limits on the termination-at-will general rule, practical advice for employers and employees regarding documentation of interviews, content of appointment letters, and recognition of employee rights is presented. While the termination-at-will general rule appears to be eroding, there does not seem to be a clear trend against which to draw any general conclusions. The cases indicate that courts will find some theory to redress outrageous conduct or clear violations of an employer's policies.

  15. Patenting Nanomedicines Legal Aspects, Intellectual Property and Grant Opportunities

    CERN Document Server

    Souto, Eliana B

    2012-01-01

    "Patenting Nanomedicines: Legal Aspects, Intellectual Property and Grant Opportunities" focuses on the fundamental aspects of Patenting Nanomedicines applied in different "Drug Delivery and Targeting Systems". The promoters of new findings in this field of research are numerous and spread worldwide; therefore, managing intellectual property portfolios, and the acquisition and exploitation of new knowledge face several contingency factors. Today, the scientific community is discussing issues of economic outcomes in the field of Nanomedicines. Major concerns include questions

  16. Ethics and medico legal aspects of "Not for Resuscitation"

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    Naveen Sulakshan Salins

    2010-01-01

    Full Text Available Not for resuscitation in India still remains an abstract concept with no clear guidelines or legal frame work. Cardiopulmonary resuscitation is a complex medical intervention which is often used inappropriately in hospitalized patients and usually guided by medical decision making rather than patient-directed choices. Patient autonomy still remains a weak concept and relatives are expected to make this big decision in a short time and at a time of great emotional distress. This article outlines concepts around ethics and medico legal aspects of not for resuscitation, especially in Indian setting.

  17. Legal and Practical Aspects in the Computer Science Investigation

    Directory of Open Access Journals (Sweden)

    Florin Cosmin Trandafir

    2011-06-01

    Full Text Available The present article makes a short introduction in the legal and practical aspects of the computer science investigation. It is well known the fact that a computer can represent an invaluable source of pieces of evidence, both in the civil cases as well as in the criminal ones because it contains data regarding the activities carried out by the suspect with the help of the IT equipment.

  18. [Mandatory or voluntary vaccinations? Juridical and medico-legal aspects].

    Science.gov (United States)

    Molendini, L O; Zanetti, A; Buzzi, F

    2003-01-01

    The Italian juridical and legislative aspects of vaccination based on a compulsory system are presented considering the medico-legal questions. The prospective of a voluntary system, as anticipated by many normatives and other official documents, is examined. The experience of some local health authorities on cases of in observance of the vaccinal obligation are detailed Finally professional risks for vaccinal operators are examined and the need of specific guidelines for parents' consent to compulsory vaccination during infancy is prospected.

  19. Medico-legal aspects of vertical root fractures in root filled teeth

    DEFF Research Database (Denmark)

    Rosen, E; Tsesis, I; Tamse, A

    2012-01-01

    To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT).......To analyse the medico-legal aspects of vertical root fracture (VRF) following root canal treatment (RCT)....

  20. ORGANIZATIONAL, LEGAL AND TECHNOLOGICAL ASPECTS OF HEALTH INFORMATION EXCHANGE

    Directory of Open Access Journals (Sweden)

    N. A. Karasev

    2017-01-01

    Full Text Available The article discusses organizational and legal aspects of electronic health information exchange in developed countries, particularly, introduction of electronic medical records in the United States and Europe, as well as topical issues related to standardization of information technologies in health care. We briefly describe the most popular standards used in e-medicine, such as Digital Imaging and Communications in Medicine (DICOM, openEHR and HL7. The questions of syntactic and semantic interoperability in the exchange of electronic medical records and some aspects of the digital signature use are also considered. We suggest mechanisms for implementation of electronic document management and sharing of digital medical information, as one of the most important directions of information technologies in health care. It is noted that today, the main limiting factor in providing the digital exchange of health information in Russian Federation is unresolved legal issues, i.e. the absence of a legal framework of electronic medical records share. At the same time, the level of IT development in our country is quite sufficient to meet current challenges. It is stated that, despite the unresolved number of problems (for example, completeness of medical data on a patient, given to relatives in critical situations, the adoption of a single electronic card is able to bring medical care to a new level, especially in emergency and urgent medicine.

  1. Organizational and legal aspects of regional transport cluster forming

    Directory of Open Access Journals (Sweden)

    V.V. Lyfar

    2014-06-01

    Full Text Available The aim of the article. The objective of the work is to define the organizational and legal aspects of transport cluster forming transport, in particular its maintenance, form and intercommunications of participants. The results of the analysis. In the article on the basis of comparative analysis of determination of clusters and interpretation of their essence by other scientists, authorial determination of transport cluster is given, its maintenance, structure and legal form, are also determined. In basis of transport cluster the forming of transport-logistic system lies, and the center of such cluster can be a transport-logistic center. The legal framework of creation of cluster can be an agreement about joint activity. At the same time a cluster can have organizational and legal registration as a contractual association of legal entities with preservation of their self-dependence and independence. Management of transport cluster forming must take place at the level of regional state administration on condition of support of branch organs of management and have a complex character. The offered structure of transport cluster includes three basic blocks: business, science, power. Between the blocks of cluster the high degree of co-ordination must be attained. The center of cluster mostly is formed by the few powerful transport companies of region, which constitute the «kernel». Round this kernel the significant amount of small and middle firms which also co-operate and compete between each other is concentrated. The enterprises of region or regions, uniting in a cluster, obtain the possibility to defend their interests more effectively at the level of local authorities and local self-government, and also to participate in the large investment projects. Ultimately transport cluster is determined as an integration form of menage which will allow uniting transport organizations and pointing all resources at development of a transport and logistic

  2. [Food supplements : Legal requirements, borderline issues and other aspects].

    Science.gov (United States)

    Noble, Pia

    2017-03-01

    Food supplements are classified as foods. They are concentrated sources of vitamins and minerals or other substances with a nutritional or physiological effect. Their purpose is to supplement the normal diet. Food supplements have to comply with the applicable legal provisions of the food law. In order to ensure the health protection of consumers, food supplements that will be put on the market must be safe. For food supplements, regulations exist at the EU level as well as at the national level. Specific requirements are regulated in the Ordinance on Food Supplements, with which the European Directive on Food Supplements was transposed into German law. The European and German legal provisions applicable to food supplements are outlined. Important aspects regarding the delimitation between food supplements and medicinal products are addressed. These borderline issues are of special importance to food supplements which are marketed in dose forms such as capsules, tablets etc., the typical forms of medicinal products. Problems resulting from the lack of harmonized rules are described. The European harmonization of the rules is still incomplete for substances with a nutritional or physiological effect other than vitamins and minerals for use in food supplements. The setting of maximum amounts of vitamins and minerals present in food supplements as envisaged in the Directive on Food Supplements has not yet been implemented.

  3. Historical and medico-legal aspects of infanticide: an overview.

    Science.gov (United States)

    Sharma, B R

    2006-04-01

    In practice, all cases of abandoned newborn deaths are reported to the police/coroner, who asks for a post-mortem examination because only this can establish the viability of the infant, proof of separate existence, and the cause and manner of death in such cases. The pathologist who conducts the autopsy will have to use his skills and experience to assess a wide variety of marks and injuries so as to give his opinion fairly and frankly, not allowing any personal feelings to influence his findings. In some cases, he may be unable to give a firm opinion and should not shirk from stating this clearly. This paper examines some historical, legal and pathological aspects of infanticide.

  4. [Triploid cloned human embryos: ethical, social, and legal aspects].

    Science.gov (United States)

    Bellver Capella, Vicente

    2012-01-01

    This work attempts to place the experiment within the scientific and social framework of pluripotent-stem-cell research and offer reflections of an ethical and (to a lesser extent) legal nature on the results obtained by this research group. To these ends, the work is divided into two parts. The first part describes the most important aspects of Noggle and Egli's announcement and the biotechnological and media context in which it was made. The second part is concerned with the bioethical issues raised by the experiment. There are basically four issues, which relate to: (1) the nuclear transfer technique, (2) the use of human ovules to carry out the experiment, (3) the destruction of human blastocysts, and (4) the ethical requirements of scientific publications.

  5. Nuclear power sources in outer space. [spacecraft propulsion legal aspects

    Science.gov (United States)

    Hosenball, S. N.

    1978-01-01

    Legal problems associated with nuclear power sources in space are discussed with particular reference to the Cosmos 954 incident. Deliberations of the Legal and Scientific and Technical Subcommittees on the Peaceful Uses of Outer Space on this subject are discussed.

  6. Money Laundering. Aspects of Legal and Criminal Issues

    Directory of Open Access Journals (Sweden)

    Alina DUMITRACHE

    2011-11-01

    Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

  7. Legal aspects of the utilization of geothermal heat

    Energy Technology Data Exchange (ETDEWEB)

    Heller, W.

    1976-02-01

    At present, there are still no special legal regulations by the Bund or the Laender. For exploration, prospecting and mining there are only the mining laws and the law issued by the Laender pertaining to water supplies and water-ways, both of which also apply to all other 'minerals'. In contrast, Iceland, New Zealand and the USA have special legal provisions.

  8. Legal aspects of storing CO2. Update and recommendations

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2007-06-21

    CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

  9. Cluster strategies in the regional economy development: legal aspects

    Directory of Open Access Journals (Sweden)

    Irina V. Mikheeva

    2016-09-01

    Full Text Available Objective to study the state of legal support of the cluster strategies implementation to identify the problems and possible directions for improving the legal support of cluster development in the regions. Methods systemic structuralfunctional induction and deduction analysis and synthesis formal legal. Results the paper formulates the definition of cluster as a form of cooperative interaction of organizations interacting in some economic sphere due to functional dependence complementing each other and reinforcing the competitive advantages of individual companies. The hypothesis is proposed that the organizational and management structure of clusters should be unified and obtain normative fixation so that the same type of bodies including executive bodies and the structure of the different clusters deliberative specialized organizations organizationcoordinator etc. had similar competence and position in the management hierarchy. Scientific novelty following the most general conception of a cluster as interacting institutions in a specific area one can see that the lack of clarity in the legal support of the clusters functioning does not allow to determine the status of authoritative and nonauthoritative subjects of economic activities their organizationallegal forms and the procedure of their interaction. Practical significance the identified problems of legal support of the cluster strategies implementation can help in the improvement of state regulation of cluster relations in the regions and their implementation.

  10. Legal aspects of business development and innovation in Poland

    Directory of Open Access Journals (Sweden)

    Dariusz Grzegorz Żak

    2013-06-01

    Full Text Available At the beginning of this article the basic concepts related to the topic issues are presented. The article focuses on the rationale and ideas of creating entrepreneurship and innovation. On the one hand the work’s aim is to show the basic legal instruments which allow to conduct business in Poland, and to demonstrate the role of state bodies in the promotion of entrepreneurship. However, on the other hand the aim of this work is to show the legal instruments connected with competition and encourage entrepreneurs’ innovativeness, taking into account the current needs and trends occurring on the market.

  11. Medico-legal aspects of altered sensation following endodontic treatment: a retrospective case series

    DEFF Research Database (Denmark)

    Givol, Navot; Rosen, Eyal; Bjørndal, Lars;

    2011-01-01

    The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication....

  12. Legal aspects of Russian political agency in the emirate of Bukhara (cross over review)

    OpenAIRE

    KLICHEV OYBEK ABDURASULOVICH

    2016-01-01

    In article the agency in Bukhara is considered questions legal aspects Russian political. Including in article are studied question are connected with appointment of political agents and their office problems

  13. [Legal aspects of post-mortem radiology in the Netherlands

    NARCIS (Netherlands)

    Venderink, W.; Dute, J.C.

    2016-01-01

    In the Netherlands, the application of post-mortem radiology (virtual autopsy) is on the rise. Contrary to conventional autopsy, with post-mortem radiology the body remains intact. There is uncertainty concerning the legal admissibility of post-mortem radiology, since the Dutch Corpse Disposal Act

  14. Aspects of a legal framework for language resource management

    CSIR Research Space (South Africa)

    Sharma Grover, A

    2012-05-01

    Full Text Available . The legal framework entails examination of; the agency’s stakeholders and the relationships that exist amongst them, the privacy and intellectual property rights that exist around the language resources offered by the agency, and the external (e.g. laws...

  15. Legal, economic and cultural aspects of file sharing

    NARCIS (Netherlands)

    van Eijk, N.; Poort, J.P.; Rutten, P.

    2010-01-01

    This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the lon

  16. Some legal aspects of BIM in establishing a collaborative relationship

    NARCIS (Netherlands)

    Chao-Duivis, M.A.B.

    2011-01-01

    Working with BIM will have legal consequences. In the Netherlands these consequences are feared by some and seen as an obstacle to wide spread use of BIM techniques. Unnecessarily so. In the paper it will be shown that according to Dutch law liability issues nor copyright issues nor issues of procur

  17. Some legal aspects of BIM in establishing a collaborative relationship

    NARCIS (Netherlands)

    Chao-Duivis, M.A.B.

    2011-01-01

    Working with BIM will have legal consequences. In the Netherlands these consequences are feared by some and seen as an obstacle to wide spread use of BIM techniques. Unnecessarily so. In the paper it will be shown that according to Dutch law liability issues nor copyright issues nor issues of

  18. INTERNATIONAL LEGAL ASPECTS OF DEALING WITH THE CONTEMPORARY TERRORISM THREATS

    Directory of Open Access Journals (Sweden)

    Vesna Poposka

    2017-05-01

    Full Text Available Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counter-terrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.

  19. Topical legal aspects of corruption counteraction in public procurement

    Directory of Open Access Journals (Sweden)

    Aleksandr Igorevich Zemlin

    2015-03-01

    Full Text Available Objective to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system on this basis to study legal conflicts and gaps and to develop proposals under the provisions of the National AntiCorruption Plan for 2014ndash2015. Methods historical formallegal logical and systemicfunctional structural and contextual approach to the study of law and theoretical propositions concerning the definition nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results аn aggregate of theoretical conclusions and proposals aimed at perfection of anticorruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty the results of the author39s interpretation of changes in the Russian anticorruption legislation and legislation on the contractual public procurement system existing legal conflicts and gaps. Practical significance developing proposals for improving the standards of anticorruption legislation and legislation on public procurement system under the provisions of the National AntiCorruption Plan for 2014ndash2015. nbsp

  20. ASPECTS ON THE INTERNATIONAL LEGAL PERSONALITY OF INTERNATIONAL ORGANIZATIONS

    Directory of Open Access Journals (Sweden)

    NICOLAE PURDA

    2012-05-01

    Full Text Available An international organization is an association of states, holder of rights and duties which it acquires by the will of the founding states and which acts as an entity which is distinct and independent from the states that form it. The constituent instrument of the organization proclaims the establishment of such, as well as its character of being a subject of international law, but at the same time it delimitates the domain in which the international legal personality can manifest and also the content of its capacity.

  1. Economic and legal aspects of utility consortiums for heliostat purchase

    Energy Technology Data Exchange (ETDEWEB)

    Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

    1982-07-01

    A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

  2. Economic and legal aspects of utility consortiums for heliostat purchase

    Energy Technology Data Exchange (ETDEWEB)

    Cole, R.J.; Sommers, P.; Sheppard, W.J.; Nesse, R.J.

    1982-07-01

    A preliminary exploration is given of the legal and economic considerations surrounding the formation and operation of some form of utility-sponsored collective buying arrangement for heliostats. Particular attention is focused on considerations of federal antitrust law surrounding collective buying and other joint operations by electric utilities. Attention is also given to considerations suggested by the economic theory of monopsony (markets with a single buyer) and oligopsony (markets with a small number of buyers). The advantages and disadvantages of such arrangements are examined from the viewpoints of the buyer and the seller. (LEW)

  3. [Intracerebral aneurysm--treatment options, informed consent, and legal aspects].

    Science.gov (United States)

    Burkhardt, Jan-Karl; Burkhardt, Werner Friedrich; Zinn, Pascal Olivier; Bozinov, Oliver; Bertalanffy, Helmut

    2011-01-01

    All medical subspecialties and, in particular, high-tech field neurosurgery are subject to continuous change in therapeutic concepts due to novel treatment options emerging through research and evolution in the field. Hence, the question arises if the patient's informed consent needs to be adjusted in the face of multiple therapeutic options with different configurations of risk/benefit relationships. In this paper we discuss different therapeutic scenarios with regard to ruptured intracerebral aneurysms (RIA) and unruptured intracerebral aneurysms (UIA), and we advise the medical doctor involved in the process. Indeed, experienced neurosurgeons and endovascular interventionalists are very familiar with the management of these scenarios; likewise, interns, residents, and otherwise affiliated physicians may be faced with these situations. In general, asymptomatic and mentally capacitated patients as well as legal guardians of minor patients and of mentally incapacitated patients with incidental aneurysms and more than one therapeutic option need to be accurately informed about the advantages and disadvantages of the treatment options available to them. In case of emergency or when treating a mentally disabled patient who is incapable of making a sound judgment and has no legal guardian, the attending doctor will have to choose the best possible treatment option. Copyright © 2010. Published by Elsevier GmbH.

  4. Corneal Transplants - an overview with an emphasis on legal aspects and current scenario in Mauritius

    Directory of Open Access Journals (Sweden)

    Dr. Arun Kumar Agnihotri

    2007-07-01

    Full Text Available A healthy cornea is an essential component of clear vision. Any condition that distorts the clarity of the cornea to a greater extent has to be treated by keratoplasty. This article discusses by large about the various aspects of corneal transplants like modes of storage and their legal aspects with an emphasis on the scenario in Mauritius.

  5. Multinational repositories: Ethical, legal and political/public aspects

    Energy Technology Data Exchange (ETDEWEB)

    Boutellier, C. [ARiUS - Association for Regional and International Underground Storage, Tafernstrasse 11, CH-5405 Baden, Dattwil (Switzerland)]. E-mail: Christine.Boutellier@arius-world.org; McCombie, C. [ARiUS - Association for Regional and International Underground Storage, Tafernstrasse 11, CH-5405 Baden, Dattwil (Switzerland)]. E-mail: Charles.McCombie@arius-world.org; Mele, I. [ARAO - Agency for Radwaste Management, Parmova 53, SI-1000 Ljubljana (Slovenia)]. E-mail: irena.mele@gov.si

    2006-07-01

    Concepts for shared multinational repositories face a great challenge in achieving acceptance, despite the fact that they promise advantages in safety, security, environmental protection and costs. When considering advantages of shared multinational repositories, it is instructive to examine which are the ethical, legal and political issues that mostly affect the feasibility of implementing such facilities. This paper addresses the key questions from two opposite sides. The early part takes a 'top-down' view, looking at the international debate on ethical issues, summarising a wide range of national political attitudes and identifying relevant international legislation and treaties. The latter looks 'bottom-up' at the problem, by discussing the situation of a small country, Slovenia. Slovenia has limited financial resources for implementing disposal - but it has a firm commitment to fulfilling its responsibilities for safely managing all Radioactive Wastes (RAW) arising in the country. Strategies considered to do so are laid out in this paper. (author)

  6. Aspects of legal communitarianism in Greece: between Millet and citizenship

    Directory of Open Access Journals (Sweden)

    Konstantinos Tsitselikis

    2012-12-01

    Full Text Available Legal and political percepts pertaining to ethnic belonging in Greece are closely linked to the ideological understanding of Greekness, a legacy of the Ottoman Greek-Orthodox millet system. Complementary to this image of the national self, minority protection law on Muslims and Jews was and still is partially formed through millet-like paradigms. Greece’s territorial expansion made all inhabitants of the annexed provinces Greek citizens en masse: in addition to those that were deemed eligible to belong to the Greek nation, Jewish and Muslim communities also acquired Greek citizenship. For these communities the self-autonomy of the Ottoman millet structure in education and religious matters was transformed into minority protection, through special rights (community schools, Moufti’s jurisdiction, Muslim foundations, military conscription attributable through religion to citizens of the state. En Grecia, la interpretación ideológica del carácter griego está estrechamente relacionada con los preceptos legales y políticos relativos a la pertenencia étnica, legado del sistema millet otomano griego-ortodoxo. Como complemento a esta percepción de la identidad nacional, la ley de protección de las minorías musulmanas y judías estuvo, y todavía está parcialmente formada por paradigmas milletianos. La expansión territorial de Grecia convirtió de forma masiva a los habitantes de las provincias anexadas en ciudadanos griegos: entre los que se consideró que reunían los requisitos necesarios para pertenecer a la nación griega, se encontraban las comunidades judías y musulmanas. En ambos casos, la autonomía en temas de educación y religión que disfrutaban dentro de la estructura milletiana de los otomanos, se transformó en protección minoritaria, a través de derechos especiales (escuelas de la comunidad, jurisdicción Moufti, fundaciones musulmanas, el reclutamiento militar atribuibles a los ciudadanos del estado a través de la

  7. Legal and ethical aspects of organ donation and transplantation

    Directory of Open Access Journals (Sweden)

    Sunil Shroff

    2009-01-01

    Full Text Available The legislation called the Transplantation of Human Organ Act (THO was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on

  8. Legal and ethical aspects of organ donation and transplantation.

    Science.gov (United States)

    Shroff, Sunil

    2009-07-01

    The legislation called the Transplantation of Human Organ Act (THO) was passed in India in 1994 to streamline organ donation and transplantation activities. Broadly, the act accepted brain death as a form of death and made the sale of organs a punishable offence. With the acceptance of brain death, it became possible to not only undertake kidney transplantations but also start other solid organ transplants like liver, heart, lungs, and pancreas. Despite the THO legislation, organ commerce and kidney scandals are regularly reported in the Indian media. In most instances, the implementation of the law has been flawed and more often than once its provisions have been abused. Parallel to the living related and unrelated donation program, the deceased donation program has slowly evolved in a few states. In approximately one-third of all liver transplants, the organs have come from the deceased donor program as have all the hearts and pancreas transplants. In these states, a few hospitals along with committed NGOs have kept the momentum of the deceased donor program. The MOHAN Foundation (NGO based in Tamil Nadu and Andhra Pradesh) has facilitated 400 of the 1,300 deceased organ transplants performed in the country over the last 14 years. To overcome organ shortage, developed countries are re-looking at the ethics of unrelated programs and there seems to be a move towards making this an acceptable legal alternative. The supply of deceased donors in these countries has peaked and there has been no further increase over the last few years. India is currently having a deceased donation rate of 0.05 to 0.08 per million population. We need to find a solution on how we can utilize the potentially large pool of trauma-related brain deaths for organ donation. This year in the state of Tamil Nadu, the Government has passed seven special orders. These orders are expected to streamline the activity of deceased donors and help increase their numbers. Recently, on July 30, 2008, the

  9. Legal and regulatory aspects of genetically engineered animals.

    Science.gov (United States)

    Jones, D D

    1986-01-01

    The commercialization of genetically engineered food animals will pose a number of legal and regulatory questions. These may be grouped into questions of process and questions of products. The process of animal genetic engineering with artificially constructed vectors will probably be regulated in much the same manner as other veterinary procedures. There may be some discussion, however, as to whether animal drug or animal biologic regulations are more applicable. The products of animal genetic engineering, i.e., transgenic food animals and food products made from them, also raise important questions about product safety and identity. These include whether and how genetically engineered food animals will be subject to federal inspection for wholesomeness, whether artificial vectors, foreign genes, or gene products will adulterate recipient animal tissues, and how food products made from such animals will be labeled. Prior federal experience with the inspection of interspecific hybrids of cattle and buffalo provides a useful basis for further policy developments in the inspection and labeling of genetically engineered food animals. In particular, the inspection of cattle/buffalo hybrids has established a phenotypic (based on appearance) criterion for deciding how novel food animals should be inspected. As the genetic engineering of food animals on a production basis draws nearer, it may be necessary to supplement the phenotypic criterion with genetic (based on pedigree) criteria to assure that the essential characteristics of animals slaughtered under current food statutes are maintained.

  10. Legal aspects of the EU policy on irregular immigration

    Directory of Open Access Journals (Sweden)

    Voinikov Vadim

    2015-12-01

    Full Text Available This article addresses the issues pertaining to the adoption and development of legislation on irregular migration in the context of uncontrolled growth in the number of immigrants from North Africa and the Middle East to the EU. The article attempts at studying the EU legislation on irregular migration, classifying it, and analysing the prospects of EU migration legislation in the light of an increase in irregular immigration into the EU. The author systematises, classifies the current EU legislation on irregular immigration, and analyses the conditions, in which this legislation was developed. Using the legislation analysis method, the author proposes the following system of EU legislation on irregular immigration: rules preventing assistance to irregular immigration, rules preventing employment of irregular immigrants, rules on the return of irregular migrants and readmission, rules on border control, and rules on collaboration with third countries. The author pays special attention to analysing the current state of irregular immigration to the EU, which was dubbed the ‘greatest migration crisis in Europe’. The conclusion is that the European Union succeeded in the development of pioneering legislation on irregular immigration, which can serve as the basis for reception by other states. However, changes in the political and economic situation in the EU’s southern borderlands made the current legal mechanisms incapable of withstanding new threats. It necessitates a radical reform of the legislation on irregular immigration.

  11. Legal-Civil aspect of types of Immaterial Damage

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Rrustem Qehaja

    2013-12-01

    Full Text Available Causing of damage is accompanied with causing of responsibility for its compensation. Human being in the daily life is often threatened by various risks which along with the causing of bodily injuries in some cases may bring also causes of death. From the legal doctrine, in Kosovo and in the region, related to nomination of material and immaterial damage, in addition there may also be found other nominations including the property damage and non-property damage or as differently called moral damage[1], but the basic distinction in this division stands at its compensation. Subject of analysis of this work shall be focused with particular emphasis in Kosovo with some superficial comparisons to the neighbour countries. The only formula of indemnification for the immaterial damage according to insurance coverage remains the satisfaction[2] expressed in monetary value which according to LMTPI[3] and the Directive of the Council of European Parliament underwent positive amendments in viewpoint of increase of amounts of insurance.[4] In context of this work, only some types of immaterial damage shall be reviewed, including: -          Damage in form of physical distress, -          Damage in form of fear and -          Damage in form of spiritual distress because of reduction of life activities.

  12. The Central Bank and the State Budget: Selected Legal Aspects

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2015-09-01

    Full Text Available The Polish Central Bank (National Bank of Poland – NBP performs mainly macro-economic tasks, for maintaining price levels. This Bank is not focused on tasks aimed at the interests of the State Budget. The Central Bank has a lot of power in the creation of money. It seems, there is possible to create the budgetary revenues, which are connected with the emission of money. In particular, the income from emission of coins may be determined as the budget revenue. The connection the Treasury with the Central Bank results from the historical evolution of the origin and role of the Central Bank. It is reasonable to increase the role of the treasury securities in the Central Bank activity. The Treasury Bills should be used in the open market policy leading by the Central Bank. There is the issue of changing of the Constitution of the Republic Poland in the field of limit of the public debt (60% of GDP. It seems, the Polish Constitution should not be the only constitution in the world that introduced such a limit. This limit, and the limit on annual budgetary deficit, introduces EU law. That is a sufficient legal limit.

  13. Economic and Legal Aspects of the Regulation of Population Migration

    Directory of Open Access Journals (Sweden)

    Tatyana Viktorovna Luzina

    2016-12-01

    Full Text Available The article is devoted to a current problem of regional development, such as the regulation of labour migration. In the article, the causes of the inefficient use of labour resources are identified and the solutions to reduce tension in the labour market both at the state level and at the level of an individual employee are proposed. The formal rules and informal constraints that have a significant impact on migration are allocated. The institutional support for the regulation of migration in Russia is considered. At the level of the entities of the Russian Federation, the analysis of migration flows for the period from 2012 to 2014 is carried out; the entities of the Russian Federation are grouped according to the degree of the influence of the indicators of the natural movement and the migration of population as well as to the qualification structure of migrants (professional education, age structure. The basic imbalances in the labour market in the entities of the Russian Federation are revealed. The authors have proposed a model for assessing the attractiveness of workplaces based on the objective indicators of the development of Russian regions presented in the statistical report of Federal State Statistics Service. A feature of the model is the ability to determine the main factors influencing the attraction of labour resources to the region. The methodological tools of the research include the mathematical methods of processing statistical data. Testing of the model is conducted for the Federal districts of the Russian Federation. According to the developed model, the coefficient of the attractiveness of a workplace in 2010 and 2014 for all Federal districts of the Russian Federation is calculated. In the article, the legal framework regulating the flow of the human capital is also analysed. The assessment of the implementation of the state program of support for the resettlement in the Russian Federation of compatriots residing abroad is

  14. Animal poisoning - veterinary-medical and criminal-legal aspects

    Directory of Open Access Journals (Sweden)

    Aleksić Jelena

    2014-01-01

    Full Text Available Apart from approved or planned poisoning with agricultural purpose, an increase in the number of cases of intentional animal poisoning (primarily referring to cats and dogs has been detected in Serbia, and it is suspected that their number is significantly larger than the one shown by the official statistics data. Under the conditions prescribed by the Criminal Code of the Republic of Serbia, such activities may represent the crime of killing and torture of animals, but also the crime of causing a general danger. It would be impossible to conduct the procedure of discovering and proving these criminal offences and the responsibility of their perpetrators without findings and opinion of forensic veterinary-medicine experts. They play an important role when it comes to site inspection, crime scene processing, collecting the samples from the crime scene, processing of samples and autopsy and exhumation of a potentially poisoned animal body. Just like other evidence in criminal procedure, findings and opinion of experts of veterinary medicine are estimated in accordance with the principle of free assessment of evidence. However, due to the specificity of such cases of killing and torture of animals, their impact on court’s decision on the existence of criminal offence and perpetrator’s liability is crucial. In this paper, the authors discuss the scope of animal poisoning in Serbia, particularly in Belgrade, analyze possible criminal - legal consequences of these illegal activities and point out to a significant role that experts of veterinary medical profession have in discovering and proving such cases and the liability of their perpetrators.

  15. Management of biogas projects. Legal, technical and economic aspects; Management von Biogas-Projekten. Rechtliche, technische und wirtschaftliche Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    Boettcher, Joerg (ed.)

    2013-08-01

    Which requirements must be met in order to implement a biogas projects successfully? Legal enforceability and reliability of contracts as well as technical reliability are prerequisites for a successful financial and economic viability. Under this aspect, the book under consideration offers the first comprehensive overview of the technical, legal and economic aspects of biogas projects. Renowned experts from research and practice consider various aspects.

  16. LEGAL ASPECTS OF DIRECT-TO-CONSUMER GENETIC TESTS.

    Directory of Open Access Journals (Sweden)

    Mariela Yaneva – Deliverska

    2011-06-01

    Full Text Available Genetic testing is a type of medical test that identifies changes in chromosomes, genes, or proteins. Most of the time, testing is used to find changes that are associated with inherited disorders. The results of a genetic test can confirm or rule out a suspected genetic condition or help determine a person’s chance of developing or passing on a genetic disorder. The main difference between direct-to-consumer genetic testing and the standard genetic testing is the way informational support is provided in internet offers of testing. Counselling may be offered as an additional special service at extra costs and at the customer's request. It may also be that a recommendation or at least an offer is given for the customer to contact a doctor or health practitioner from the company via phone for counselling.In a liberal society the fundamental individual rights can be considered to include access to medical treatment and diagnostics that may be helpful for improving one's health condition or that can help an individual make decisions regarding life style and health. At the European level, there are no binding legal regulations that specifically apply for genetic testing. In some European counties, national laws, require a responsible medical person to be involved before a genetic test is provided. The Convention on Human Rights and Biomedicine was adopted by the Committee of Ministers on 19 November 1996, while an Additional Protocol to the Convention, concerning Genetic Testing for Health Purposes, was adopted by the Committee of Ministers on 7 May 2008.Direct-to-consumer genetic testing is closely watched by the community of medical genetics and counsellors, and the EU funded Eurogentest Network of Excellence.In 2010, the European Society of Human Genetics has releaseda statement on direct-to-consumer gene testing for health-related purposes. The European Society of Human Genetics is concerned about the way in which commercial companies are

  17. La traduction juridique et son enseignment: aspects theoriques et pratiques (Legal Translation and Its Teaching: Theoretical and Practical Aspects).

    Science.gov (United States)

    Gemar, Jean-Claude

    1979-01-01

    Examines the constraining nature of legal language, legal terminology, the differences among legal systems, problems of documentation, and an interdisciplinary approach to legal translation, and their relationship to the teaching of legal translation. (AM)

  18. ASPECTS REGARDING THE TERMINATION OF THE LEGAL EFFECTS OF NORMATIVE ADMINISTRATIVE ACTS

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    Dan Constantin MÂȚĂ

    2017-05-01

    Full Text Available The final cessation of the legal effects of administrative acts can be achieved by annulment and revocation. Both are legal operations that lead to the termination of legal effects of administrative acts. A controversial issue is the one regarding the authorities that may exercise the right of revocation and annulment of an administrative act. As concerns normative administrative acts, the specific manner of termination of enforcement of such acts is to repeal them. On the relationship between repeal on the one hand and cancellation and revocation on the other hand, various contradictory opinions were voiced in the legal doctrine. An aspect with important implications in the administrative practice is the one concerning the possibility of invalidating a normative administrative act before its entering into force. Finally, the article deals with the notion of non-existent administrative acts, which has become a constitutional institution as concerns administrative normative acts.

  19. NOx Emission Trading in a European Context: Discussion of the Economic, Legal, and Cultural Aspects

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    Chris P.A. Dekkers

    2001-01-01

    Full Text Available Emission trading is a new instrument in environmental policy. It is an alien notion in most European countries and it is often viewed with hesitation. The paper discusses the economic, legal, and perhaps more importantly, the cultural aspects to consider when one tries to explore the prospects for trading emissions of NOX and other substances in Europe. Issues to be addressed are the present legal framework in Europe in relation to the national emission ceilings on NOX and other substances on the basis of relevant EU directives and UNECE protocols. The paper will discuss the extent to which the legal framework within the EU imposes constraints on the design of a national emission trading scheme, and what options are available to fit emission trading into that legislative structure. The NOX emission trading programme developed in the Netherlands will be used to demonstrate the various aspects in a European context.

  20. Doctoral Studies in Romania: Admission Procedures, Social, and Legal Aspects of Doctoral Training

    Science.gov (United States)

    Miclea, Mircea

    2008-01-01

    This contribution presents a concise and up-to-date report of doctoral studies in Romania, with a special emphasis on legal and social aspects. The author also argues that in order to be sustainable, the reform of doctoral studies should be substantiated by the differentiation of universities, reliable post-doctoral programmes, and a substantive…

  1. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    This perspective article, which has is cuyrrently undergoing peer review by the medical journal “Personalized Medicine”, deals with the legal aspects of biobanking and points towards the concerns, interest, and choices that should be considered when establishing and operating a biobank. It focuses...... the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...

  2. Legal Aspects Connected to the Use of BIM in the Danish Building Sector

    DEFF Research Database (Denmark)

    Faber, Lene; Svidt, Kjeld; Wandahl, Søren

    2016-01-01

    Sector in the existing legislation as well as in the existing contractual terms. There is legal uncertainty connected to the use of BIM. There is no legal practice in the BIM area that refrains the contractors from achieving a maximum of advantage using BIM. BIM gives rise to interpreting the legislation......In 2013, the Danish government implemented a declaration for the use of information and communication technology in governmental buildings (ICTdeclaration). This has led to an increasing number of building projects using building information modeling (BIM) with potentially better productivity...... and quality. In spite of documented advantages from using BIM, this case study shows that the possibility of delivering added value using BIM is a challenge because of several legal aspects. The existing laws are individualistic, and the BIM line of thinking is collectivistic. Therefore, BIM gives some matter...

  3. The legal nature of the Agency for the Fight Against Corruption: Constitutional-legal, administrative-legal and comparative-legal aspects

    Directory of Open Access Journals (Sweden)

    Martinović Aleksandar

    2012-01-01

    Full Text Available In the Republic of Serbia there are many agencies whose legal nature are different, in some cases even quite vague and confusing. In addition to the so-called. public agencies, as dependent administrative bodies, agencies as special organizations and agencies as public services, in our legal system since 2008. there is also the agency for the fight against corruption as 'an autonomous and independent state authority'. Since the Constitution of the Republic of Serbia does not recognize the agency as 'an autonomous and independent state authority', its existence is, at the very least, extra-constitutional, if not unconstitutional. The experience of some European countries in the fight against corruption shows that in this struggle may participate the specialized state institutions, founded by the parliament or the government, with a greater or lesser degree of autonomy in their work The Republic of Serbia is one of those countries, in which besides the 'classical' state authorities in the fight against corruption, participates the Agency for the fight against corruption, a government body that has a mixed legal nature.

  4. MAIN ORGANIZATIONAL AND LEGAL ASPECTS OF PUBLIC PROCUREMENT IN CONSTRUCTION SPHERE IN RUSSIA AND ABROAD

    Directory of Open Access Journals (Sweden)

    Starkova N. O.

    2014-12-01

    Full Text Available Current state of domestic construction industry and especially system of orders for implementation of construction works at the expense of budget funds in the Russian Federation has been evaluated in the article. Organizational and legal aspects of implementation of public procurement in the world have been researched. Main Russian and foreign legislation governing rules and descriptions of competitive mechanism of public procurement have been characterized and estimated.

  5. [Legal aspects and the treatment procedure of gender dysphoria in Hungary].

    Science.gov (United States)

    Kórász, Krisztián

    2015-07-26

    The legal process of gender transition in Hungary had previously been more developed as in most European countries, as the law enabled transsexual people to change their name and gender before or without a medical treatment, which was unique at the time. Over the years, however, lots of European countries developed legal frameworks and accepted international standards of care for the treatment of gender dysphoria that Hungary did not follow. Currently in Hungary there is no consistent legal framework of gender transition, there is no official regulation or guidelines regarding gender transition process, no institution with the obligation to accommodate the process, and there is no nominated specialist in the state health care system whose remit included dealing with transsexual patients. The information on gender transition options both to the professionals and to the patients is limited and incoherent. This paper reviews the legal aspects and clinical management process of gender dysphoria in Hungary. Some issues regarding the Hungarian practice and possible solutions based on examples from the United Kingdom are addressed within the paper.

  6. EU and Ukraine Cooperation for Sustainable Environment: Historical and Legal Aspects

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    Rinata Kazak

    2014-10-01

    Full Text Available The article discusses various aspects of the legal maintaining of environmental sustainability. Ukraine as one of the largest countries in Europe with more, than 40 million population causes a huge effect on the environmental situation in Europe. Through the historical research the author highlights the 60 – 70th of the XX century as an active period of international cooperation between the EU and Ukraine. The evidence of this activity was the complex Soviet Ukraine Act on nature protection 1960 and Government Committee for Nature Protection established in 1968 with competence of cooperation with European Community environmental authorities. Within a few years, many countries filled the gap and made a great step towards sustainable development, declared by the Stockholm Conference (1972 and First Environmental Action Programme in Europe (1973. The author draws the parallel between the Ukrainian and EU legal bases. Modern Ukraine tends to the association with the EU, so this research of a big importance has theoretical and practical value for Ukraine.Keywords: EU and Ukraine cooperation, environmental sustainability, historical and legal aspects.

  7. Aspects pertaining to the legal regime of Presidential decrees in Romania

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    Camelia Florentina STOICA

    2014-12-01

    Full Text Available The doctrinal debates on the legal regime of presidential decrees and the recent case-law of the Constitutional Court have determined the present approach for analysis of some aspects pertaining to the issues arising in relation to these acts, especially their legal features and nature and, from this perspective, the differentiations with regard to the challenging of presidential decrees – we refer, in this context, to the extension of the control carried out by courts. The conclusions of the study reveal the importance of addressing and establishing the relations between public authorities, inclusively with regard to the substantiation, issuance and implementation of presidential decrees, in relation to the principle of constitutional loyalty.

  8. Study of Night Ventilation Efficiency in Urban Environment: Technical and Legal Aspects

    Science.gov (United States)

    Maragogiannis, Konstantinos; Kolokotsa, Dionysia; Maria, Efpraxia-Aithra

    2011-01-01

    Night Ventilation is a critical technique of passive cooling, as it combines a significant decrease of cooling demand and improvement of thermal comfort and indoor air quality. The aim of the present paper is to study the technical and legal aspects of night ventilation in urban climatic conditions. The technical part examines the efficiency of night ventilation techniques for urban residential buildings. Moreover, the influence of urban heat island on the night ventilation effectiveness is studied. Urban heat provokes the degradation of urban air quality and causes changes in the urban area microclimate which reduce the night ventilation effectiveness as a passive cooling technique. Moreover, this paper studies the legal framework of energy efficiency in buildings and pinpoints the institutional deficiencies of the existing regulation regarding energy efficiency and passive cooling techniques

  9. Defining a Communications Satellite Policy System for the 21st Century: A Model for a International Legal Framework and A New _Code of Conduct_

    Science.gov (United States)

    Pelton, Joseph N.

    1996-02-01

    This paper addresses the changing international communications environment and explores the key elements of a new policy framework for the 21st Century. It addresses the issues related to changing markets, trade considerations, standards, regulatory changes and international institutions and law. The most important aspects will related to new international policy and regulatory frameworks and in particular to a new international code of ethics and behavior in the field of satellite communications. A new communications satellite policy framework requires systematically addressing the following points: • Multi-lateral agreements at the nation state and the operating entity level • Systematic means to access both private and public capital • Meshing ITU regulations with regional and national policy guidelines including • landing rights" and national allocation procedures. • Systematic approach to local partnerships • Resolving the issue of the relative standing of various satellite systems (i.e. GEO, MEO, and LEO systems) • Resolving the rights, duties, and priorities of satellite facility providers versus types of service prviders. Beyond this policy framework and generalized legal infrastructure there is also another need. This is a need that arises from both increased globalism and competitive international markets. This is what might quite simply be called a "code of reasonable conduct:" To provide global and international communications services effectively and well in the 21st Century will require more than meeting minimum international legal requirements. A new "code of conduct" for global satellite communications will thus likely need to address: • Privacy and surveillance • Ethics of transborder data flow • Censorship and moral values • Cultural and linguistic sensitivity • Freedom of the press and respect for journalistic standards As expanding global information and telecommunications systems grow and impact every aspect of modern

  10. Chlamydia trachomatis infections in eastern Europe: legal aspects, epidemiology, diagnosis, and treatment

    Science.gov (United States)

    Domeika, M; Hallen, A; Karabanov, L; Chudomirova, K; Gruber, F; Unzeitig, V; Poder, A; Deak, J; Jakobsone, I; Lapinskaite, G; Dajek, Z; Akovbian, V; Gomberg, M; Khryanin, A; Savitcheva, A; Takac, I; Glazkova, L; Vinograd, N; Nedeljkovic, M

    2002-01-01

    Objectives: Knowledge concerning genital Chlamydia trachomatis infections in eastern Europe is scarce. Data on the legal aspects, epidemiology, diagnosis, and treatment of the infection have never been collected, summarised, and presented to the international scientific community. The aim of this study was to present the current situation on the main aspects of chlamydial infections in the countries of eastern Europe. Methods: Written questionnaires concerning legal aspects, epidemiology, diagnosis, and treatment of the infection were distributed among national STI operating administrators as well as researchers who had presented papers at earlier meetings of European chlamydia or STI societies. Results: Most of the countries have not legalised reporting of chlamydial infections and in those who have done so, the quality of the reporting system is poor. Contact tracing is mostly done on a voluntary basis. Reported chlamydia incidence varies from 21 to 276 per 100 000 inhabitants. The most commonly used diagnostic test remains the direct immunofluorescence test; however, some tendencies towards nucleic acid amplification are in evidence. Diagnostic services are paid for by the patient himself, while treatment in many countries is partially or completely covered by public insurance. Conclusions: This is the first report summarising data concerning the situation on C trachomatis infections in eastern Europe. The reporting system and diagnosis of C trachomatis infections remain suboptimal, which allows neither control of the epidemiological situation nor optimal treatment of the patients. The most urgent work currently necessary is the education of professionals and the general population. PMID:12081171

  11. Legal Aspects with Regard to Mentally Ill Offenders in South Africa

    Directory of Open Access Journals (Sweden)

    Magdaleen Swanepoel

    2015-04-01

    Full Text Available The purpose of this note is to discuss legal aspects with regard to mentally ill offenders with specific reference to the defence raised as a result of mental illness. In order to fully understand this defence it is important to provide a clinical background on what forensic psychiatry is. It is also necessary to define certain clinical concepts such as the concept of mental illness, and the criteria for the classification of mental illnesses. This then leads to a discussion of the defence of mental illness. A conclusion is drawn at the end, with a summary of the findings.

  12. Health Care Professionals’ Knowledge and Attitudes About Sexually Transmitted Diseases and Legal Aspects of Medical Services

    Directory of Open Access Journals (Sweden)

    Akpak Yaşam Kemal

    2016-01-01

    Full Text Available Objective: This study aims to investigate healthcare professionals’ (HCPs general level of knowledge about sexually transmitted diseases, their attitudes towards these patients and legal aspects of medical services. Materials and Methods: This was a multi-centered study. The participants were given 28 questions that mainly asked their level of knowledge on sexually transmitted diseases (STDs patients, their attitudes towards such patients, and their legal as well as ethical views on them. Results: A total of 234 HCPs, 124 (53% female and 110 (47% male, participated in the study. The majority of married HCPs have reported monogamy as the most reliable protection method, whereas single participants have marked "condoms." The most commonly known STD has been reported as AIDS in all groups. Even though HCPs find it medically unethical not to offer a medical intervention to patients with STDs, more than one-third of the participants believe that HCPs should have the right not to do so. Conclusion: It has been concluded that HCPs need further education on STDs. Nevertheless, such high level of care and attention on HCPs’ part does not necessarily decrease their need for proper medico legal regulations on such issues.

  13. THE LEGAL ASPECTS OF THE MOBBING IN THE REPUBLIC OF MACEDONIA

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    Andon Majhosev

    2014-07-01

    Full Text Available Workplace mobbing as a form of psychological terrorism in the Republic of Macedonia is relatively new phenomenon which in the last decade is causing huge attention in the legal theory and practice. The problem with mobbing has also become an object of interest of the Macedonian’s trade union since they have seen the danger which this unwanted phenomenon causes in the work environment. That is why the trade union, especially the most numerous and the most representative ones in this country, the Federation of trade unions in Macedonia, has taken initiative to introduce a legislative to protect the workers from harassment in the work place in order to prevent psychological terrorism of the employees, as well as protect the workers from this negative phenomenon. This initiative resulted with the adoption of a special law on 29.05.2013. In this paper we are going to try to analyze the legal framework of the protection from psychological harassment in the work place (mobbing in the Republic of Macedonia, in terms of the rights, obligations and responsibilities of the employers and employees regarding the prevention of psychological harassment in the work place, as well as measures and procedures for the protection from psychological harassment in the work place of the employer and the proceedings. While analyzing the legal aspects of the psychological harassment we are going to stay focused in the Labor law and Law on Protection from Harassment in the Workplace.

  14. Legal and medical aspects of the ethics committee’s work relating to abortion

    Directory of Open Access Journals (Sweden)

    Ponjavić Zoran

    2011-01-01

    Full Text Available This paper analyses the legal and medical aspects of the work of ethics committees on abortion. According to the legislation of the Republic of Serbia, these committees are competent to determine justifiable terms for abortion after the twentieth week of the fetus. It is well known that abortion is not only a medical but a legal, ethic, social and demographic problem as well. A liberal solution in view of abortion in the first trimester has been accepted in most European countries, as by the legislature of the Republic of Serbia. Since prenatal diagnosis cannot always determine the fetus state with certainty but at times may do so at a later stage, abortion is then required when the child is already capable of extrauterine life. The necessity for performing abortion in the third trimester is thus a result of good knowledge of techno-medicine but also from the limited information it provides. In such situations, the physician needs confirmation and justification of his standpoint with respect to abortion through a legal formulation which should contain "minimum moral". Society has found a way to protect and help him through moral and ethic forms of prevention without anybody’s emotions being affected. Ethics committees should thus help the physician in view of determining the terms for performing late abortion, since the rules of doctor’s ethics are not sufficient in this case. The article especially analyses the work of the Ethics Committee of the Clinical Center in Kragujevac in the period 2000-2010. It is stated that the largest number of cases referred to determined diseases or fetus anomalies while only a negligible number (11.29% to the illness of the mother. There were no requests for abortions due to legal reasons (pregnancies from criminal offences. A significant number (40.28% of requests submitted to the Ethics Committee related to pregnancies under the 24th week of pregnancy. Since a pregnancy of 24 weeks represents a boundary

  15. Legal and regulatory aspects of prescribing and marketing emergency contraception in Nigeria.

    Science.gov (United States)

    Adekunle, A O; Babarinsa, I A; Akinyemi, Z; Okediran, A Y

    2001-01-01

    Emergency contraception remains so little used or understood and the lack of its awareness can be traced to a myriad of factors including legal and regulatory obstacles. The aim of this study was to determine the legal and regulatory aspects of dispensing or marketing a contraceptive method for reasons (especially emergency purposes) other than stated by the manufacturers. The existing drugs' and devices' regulatory systems in Nigeria, especially those governing family planning methods, were reviewed. A questionnaire was administered to 363 health workers, comprising of physicians, pharmacists, nurses and midwives, to determine the implications of dispensing some currently available oral contraceptives (OCs) for emergency purposes despite the fact that there is no explicit description of emergency use in the labelling of such drugs. In addition, in-depth interviews were conducted with regulatory bodies. It was observed that, with the exception of Postinor, the drug manufacturers' leaflets did not indicate that they could be used for emergency contraceptive purposes. Although 64.5% of the healthcare providers were aware that OCs and intrauterine contraceptive devices (IUCDs) can be used for emergency purposes, 42.1% actually prescribed or recommended them. Many health workers (62.3%) were unaware of any legal implication with regards to prescribing unregistered drugs in Nigeria. The existing guidelines stipulate that a manufacturer or marketer should 're-register' a product if a new indication or use not contained in the initial application was found later. To satisfy legal requirements, it does appear that the currently available OCs and IUCDs in Nigeria must be labelled and registered for emergency contraceptive purposes.

  16. Problem of long-datedness in banking crediting in Russia: legal aspect,

    Directory of Open Access Journals (Sweden)

    Ivan V. Makerov

    2016-03-01

    Full Text Available Objective to study the needs of economy in the longterm banking credit for capital renewal and in this regard to find in the current legislation the time frame of longdatedness in general and in particular time period of longterm banking credit relationships. Methods the work is based on the dialectical approach to cognition allowing to establish the diversity of longdated terms in the system of the current legislation by assessing the quantitative aspects to identify the components of a period of time comprehensively and objectively considered as longdated in bank crediting. The dialectical approach to cognition has determined the choice of specific research methods general scientific comparison description induction systemic approach and specific scientific analysis synthesis generalization methods. Results in the current legislation there is no clear definition of a longterm period of time. The concept used in the legislation characterizes different time periods. Also there is no generally accepted time period of longterm banking credit relationships as every legal act in crediting establishes its own time frame. Such situation of legal uncertainty of the timing of longterm bank crediting is an obstacle in enhancing the longterm component in bank crediting. In this regard to improve the legal regulation of longterm credit relationships it is essential to establish a unified period of longterm bank crediting. Scientific novelty for the first time the article describes and analyzes the current Russian legislation relating to longterm relationships and their timing as well as legal acts related to the activities of the banking sector which are determined by crediting terms depending on the situation and order of granting. Practical significance the main findings of the research can be used in scientific and theoretical activity in civil law when considering the timing of the relationships and their duration. They can be also used in the

  17. Basics of Swiss water levy politics - Legal aspects; Grundlagen Wasserzinspolitik. Rechtliche Ueberlegungen - Schlussbericht

    Energy Technology Data Exchange (ETDEWEB)

    Leimbacher, J.

    2008-10-15

    This comprehensive final report for the Swiss Federal Office of Energy (SFOE) takes a look at the legal aspects involved in setting up the basics for the definition of the interest to be levied on water commodities. This levy is raised in Switzerland on the use of water and represents the payment made to a commune for the use of its water resources. The original aims of the levy, to encourage the use of water resources, are noted. Limits on the height of the levy and the definition and adjustment of the maximum rate by government are discussed. Various legal aspects are examined and the fact that the levy must be economically reasonable and economically acceptable is discussed. Various pragmatic approaches to being able to adjust or index the levy are discussed. The introduction of an additional levy to cover the storage of water is discussed, as is the definition of the part use of the proceeds to provide funding for the high-voltage electricity grid, for example. The history of the levy and various political initiatives are noted and even the abolition of the levy is discussed.

  18. Legal aspects of public health: difficulties in controlling vector-borne and zoonotic diseases in Brazil.

    Science.gov (United States)

    Mendes, Marcílio S; de Moraes, Josué

    2014-11-01

    In recent years, vector-borne and zoonotic diseases have become a major challenge for public health. Dengue fever and leptospirosis are the most important communicable diseases in Brazil based on their prevalence and the healthy life years lost from disability. The primary strategy for preventing human exposure to these diseases is effective insect and rodent control in and around the home. However, health authorities have difficulties in controlling vector-borne and zoonotic diseases because residents often refuse access to their homes. This study discusses aspects related to the activities performed by Brazilian health authorities to combat vector-borne and zoonotic diseases, particularly difficulties in relation to the legal aspect, which often impede the quick and effective actions of these professionals. How might it be possible to reconcile the need to preserve public health and the rule on the inviolability of the home, especially in the case of abandoned properties or illegal residents and the refusal of residents to allow the health authority access? Do residents have the right to hinder the performance of health workers even in the face of a significant and visible focus of disease transmission? This paper argues that a comprehensive legal plan aimed at the control of invasive vector-borne and zoonotic diseases including synanthropic animals of public health importance should be considered. In addition, this paper aims to bridge the gap between lawyers and public health professionals and to facilitate communication between them.

  19. Legal aspects of workers' health protection against asbestos in Poland in the light of the EU legal framework

    Directory of Open Access Journals (Sweden)

    Beata Świątkowska

    2013-10-01

    Full Text Available Legal protection of human life and health against asbestos dust-related hazards is carried out in various dimensions of the European Union law mainly focused on health protection of employees and responsibilities of employers, as well as on environmental protection. The aim of this paper is to present the Community legal issues emphasizing the protection of workers against asbestos and discuss the current state of Polish law in this regard. An analysis of recent legal solutions provides a comprehensive look at the extensive steps currently taken to reduce the risk of exposure to asbestos dust. The legislation in the European Union, including Poland indicates sound foundations for assuring health and safety of workers still exposed to asbestos and those formerly employed in asbestos processing plants. It is only postulated to unify high standards of healthcare to provide all workers employed in asbestos exposure with equal and particular legal protection. Med Pr 2013;64(5:689–697

  20. ANALYSIS OF LEGAL ASPECTS OF STORAGE OF MEDICAL PRODUCTS APPOINTED FOR MEDICAL AND SANITARY CONSEQUENCES OF EMERGENCIES MITIGATION

    Directory of Open Access Journals (Sweden)

    G. Ya. Ibragimova

    2015-01-01

    Full Text Available The article analyzes principal legal aspects of medical products storage, appointed for medical and sanitary consequences of emergencies mitigation. We have revealed that nowadays there is a whole range of legal gaps and uncertainties in the regulation of medical products storage. We have also offered the ways for their solution

  1. Personalized Medicine in a New Genomic Era: Ethical and Legal Aspects.

    Science.gov (United States)

    Shoaib, Maria; Rameez, Mansoor Ali Merchant; Hussain, Syed Ather; Madadin, Mohammed; Menezes, Ritesh G

    2016-11-28

    The genome of two completely unrelated individuals is quite similar apart from minor variations called single nucleotide polymorphisms which contribute to the uniqueness of each and every person. These single nucleotide polymorphisms are of great interest clinically as they are useful in figuring out the susceptibility of certain individuals to particular diseases and for recognizing varied responses to pharmacological interventions. This gives rise to the idea of 'personalized medicine' as an exciting new therapeutic science in this genomic era. Personalized medicine suggests a unique treatment strategy based on an individual's genetic make-up. Its key principles revolve around applied pharmaco-genomics, pharmaco-kinetics and pharmaco-proteomics. Herein, the ethical and legal aspects of personalized medicine in a new genomic era are briefly addressed. The ultimate goal is to comprehensively recognize all relevant forms of genetic variation in each individual and be able to interpret this information in a clinically meaningful manner within the ambit of ethical and legal considerations. The authors of this article firmly believe that personalized medicine has the potential to revolutionize the current landscape of medicine as it makes its way into clinical practice.

  2. Legal and ethical aspects of organ donation after euthanasia in Belgium and the Netherlands.

    Science.gov (United States)

    Bollen, Jan; Ten Hoopen, Rankie; Ysebaert, Dirk; van Mook, Walther; van Heurn, Ernst

    2016-08-01

    Organ donation after euthanasia has been performed more than 40 times in Belgium and the Netherlands together. Preliminary results of procedures that have been performed until now demonstrate that this leads to good medical results in the recipient of the organs. Several legal aspects could be changed to further facilitate the combination of organ donation and euthanasia. On the ethical side, several controversies remain, giving rise to an ongoing, but necessary and useful debate. Further experiences will clarify whether both procedures should be strictly separated and whether the dead donor rule should be strictly applied. Opinions still differ on whether the patient's physician should address the possibility of organ donation after euthanasia, which laws should be adapted and which preparatory acts should be performed. These and other procedural issues potentially conflict with the patient's request for organ donation or the circumstances in which euthanasia (without subsequent organ donation) traditionally occurs.

  3. Legal and economic aspects of deeper EU integration in the Czech Republic

    Directory of Open Access Journals (Sweden)

    Martina Krásnická

    2013-01-01

    Full Text Available The deeper economic integration in form of fiscal union, bank union, or increased macroeconomic surveillance is for the Czech Republic not only the question of whether and when to enter the euro zone, but also whether and when to join the other institutes. The aim of this paper is to analyse the legal background of these instruments and estimate their possible economic impact. These hypotheses would be a subject of author’s further search. The future impact on enterprises in the Czech Republic is evident in some areas of the EU enhanced cooperation. Adoption of the euro is an example. Other aspects of deeper economic integration as for example the bank union do not impact the microsphere so obviously; however can significantly change the business environment in the country.

  4. Danger points, complications and medico-legal aspects in endoscopic sinus surgery

    Science.gov (United States)

    Hosemann, W.; Draf, C.

    2013-01-01

    Endoscopic endonasal sinus surgery represents the overall accepted type of surgical treatment for chronic rhinosinusitis. Notwithstanding raised and still evolving quality standards, surgeons performing routine endoscopic interventions are faced with minor complications in 5% and major complications in 0.5–1%. A comprehensive review on all minor and major complications of endoscopic surgery of the paranasal sinuses and also on the anterior skull base is presented listing the actual scientific literature. The pathogenesis, signs and symptoms of each complication are reviewed and therapeutic regimens are discussed in detail relating to actual publication references. Potential medico-legal aspects are explicated and recent algorithms of avoidance are mentioned taking into account options in surgical training and education. PMID:24403974

  5. Sex trade, social and legal aspect of the phenomena and the Albanian criminal legislation provisions

    Directory of Open Access Journals (Sweden)

    Aurela Bozo

    2015-01-01

    Full Text Available The purpose of this paper is to analyse the effects of Article 113 of the Albanian Criminal Code on women. This article appears to be gender neutral, but it’s enforcement affects women disproportionately and face them with forms of indirect gender discrimination. Through monitoring of Tirana Judicial District Court’s decisions, with object article 113 of the ACC, “Prostitution”, for a four year period from 2010 through 2013 and interviews with women who have exercised prostitution, there are brought in attention the profiles of the individuals who exercise prostitution and also social aspects of this phenomena. The hypothesis raised in this paper is that the profile of an individual who exercises prostitution is a vulnerable woman, with low education, unemployed, with low income, who is faced with family and social problems. This paper analyses the relation between the social aspects and legal dynamics of article 113 of ACC. The changes of 2012 introduced in the article 113 of the ACC brought sanctions for persons who buy the service of prostitution reflecting the process of social changes and understanding of gender equality. The issue of the next steps to address this phenomenon is analysed in this article too.

  6. Regulatory and legal aspects in industrial mining industries; Aspectos legais e regulatorios em empresas minero-industriais

    Energy Technology Data Exchange (ETDEWEB)

    Magalhaes, Maisa Haiidamus

    2016-07-01

    The regulation between the Brazilian Nuclear Energy Commission - CNEN performance and the mineral industries that produces NORM is presented. Besides the legal aspects, some comments from the point of view of the supervisory and licensing body about their performance in the radiation protection area are pointed out.

  7. Direct broadcast satellite-radio market, legal, regulatory, and business considerations

    Science.gov (United States)

    Sood, Des R.

    1991-01-01

    A Direct Broadcast Satellite-Radio (DBS-R) System offers the prospect of delivering high quality audio broadcasts to large audiences at costs lower than or comparable to those incurred using the current means of broadcasting. The maturation of mobile communications technologies, and advances in microelectronics and digital signal processing now make it possible to bring this technology to the marketplace. Heightened consumer interest in improved audio quality coupled with the technological and economic feasibility of meeting this demand via DBS-R make it opportune to start planning for implementation of DBS-R Systems. NASA-Lewis and the Voice of America as part of their on-going efforts to improve the quality of international audio broadcasts, have undertaken a number of tasks to more clearly define the technical, marketing, organizational, legal, and regulatory issues underlying implementation of DBS-R Systems. The results and an assessment is presented of the business considerations underlying the construction, launch, and operation of DBS-R Systems.

  8. Direct broadcast satellite-radio market, legal, regulatory, and business considerations

    Science.gov (United States)

    Sood, Des R.

    1991-03-01

    A Direct Broadcast Satellite-Radio (DBS-R) System offers the prospect of delivering high quality audio broadcasts to large audiences at costs lower than or comparable to those incurred using the current means of broadcasting. The maturation of mobile communications technologies, and advances in microelectronics and digital signal processing now make it possible to bring this technology to the marketplace. Heightened consumer interest in improved audio quality coupled with the technological and economic feasibility of meeting this demand via DBS-R make it opportune to start planning for implementation of DBS-R Systems. NASA-Lewis and the Voice of America as part of their on-going efforts to improve the quality of international audio broadcasts, have undertaken a number of tasks to more clearly define the technical, marketing, organizational, legal, and regulatory issues underlying implementation of DBS-R Systems. The results and an assessment is presented of the business considerations underlying the construction, launch, and operation of DBS-R Systems.

  9. Analysis of legal and economic aspects of precipitation weather derivatives for Serbian agricultural sector

    Directory of Open Access Journals (Sweden)

    Veselinović Janko

    2014-01-01

    Full Text Available Weather derivatives are not present in Serbia nor in the neighbouring countries and have no significant application in the European Union, either. Weather derivatives originated in the USA, where the market for these instruments is most developed, in terms of both economy and law. However, positive effects of their application, through the decrease of influence of unfavourable weather conditions on agricultural crops, are a good basis for their further study. The most common reasons for their absence from our financial market are their complexity and the inexistence of prerequisites for their introduction. This paper analyses legal and economic aspects of weather derivatives, as forms of financial derivatives, as well as weather derivative contracts concluded with the aim of hedging against precipitation exposure. The goal of the analysis is to find an optimal contract structure, but also the conditions that have to be met in order for its signing to be economically justified for both contractual parties, as well as the creation of preconditions for this weather derivative contract to be the instrument of trade on the financial market. The paper also analyses normative frameworks for the conclusion of these derivative contracts, as well as the necessity to educate market participants, which refers both to agricultural producers and financial institutions. Furthermore, it emphasizes the difference in relation to the classical contract of insurance against drought risk.

  10. ['See and Treat' in the Emergency Department: legal aspects and professional nursing responsibility].

    Science.gov (United States)

    Radice, Cristiano; Ghinaglia, Monica; Doneda, Renzo; Bollini, Giovanna

    2013-01-01

    The article aim to analyze the legal aspects of professional responsibility in the autonomous nursing care of a patient with a minor health problem treated in a See and Treat area of the Emergency Department through a literature review and an analyses of the Italian legislation about professional exercise. Recent studies have shown that the treatment of the emergency patients affected by minor health problems in separated areas of the A&E by skilled nurses proved to be effective in reducing time to medical examination and the overall time spent in the Emergency Department. Several studies have shown the positive effects of the Emergency Nurse Practitioner (ENP) in terms of reduction of time to medical examination with an increase in patient satisfaction, maintaining an adequate level of quality in the care of patients with minor health problems. The introduction of a See and Treat area, together with the institution of advanced post-triage protocols, represents a possible answer to the overcrowding of the Emergency Department. The aim is the reduction of waiting times and proper allocation of both material and professional resources. The "See and Treat" nurse represents an expert nurse, with an adequate level of competence, who acts in respect to the clinical protocols shared between physicians and nurses. The Italian legislation is not in contrast with the introduction of the See and Treat nurse, on the contrary it offers opportunities for further professional development.

  11. Selected Legal Aspects of Academic Administrative Leadership: An Orientation for New Academic Administrators

    Science.gov (United States)

    Jenkins, Charles R.

    2003-01-01

    An academic leader needs to have a basic understanding of the relevant constitutional and statutory provisions, evolving laws, and legal issues affecting higher education and the relationship between legal considerations and academic administration. At the same time, an academic leader must focus on accomplishing the goals, objectives, and…

  12. Aspectos legales relacionados con las úlceras por presión Legal aspects related to pressure ulcers

    Directory of Open Access Journals (Sweden)

    J. Javier Soldevilla Agreda

    2006-12-01

    Full Text Available En los últimos años en España se está produciendo un significativo aumento en el cuestionamiento sobre muchos resultados de las actuaciones sanitarias. En ese largo proceso que busca desterrar las úlceras por presión (UPP, como proceso banal y especialmente inevitable, por inherente a la edad avanzada, situaciones de terminalidad o inmovilidad del paciente, comienza a divisarse el despertar de reacciones, reclamaciones y denuncias por parte de los usuarios y sus familiares ante la falta de prevención o un tratamiento inadecuado, como desde hace años viene sucediendo en otros países de nuestro entorno cultural y económico. La revisión del impacto y tratamiento legal del problema de las UPP en los países de nuestro entorno (Reino Unido, EE.UU., Alemania, etc., desde el derecho penal, el derecho civil o mediante procedimientos disciplinarios ha propiciado cambios muy notorios en el comportamiento de profesionales, instituciones y ciudadanía con respecto a este tema. Con un propósito enteramente didáctico, se dibuja la configuración legal de la actividad sanitaria en nuestro país y los tipos de responsabilidad y vías de reclamación judicial aplicables a los procesos que nos ocupan, incluyendo algunas consideraciones específicas tales como: las UPP como biomarcadores de maltrato o abuso en ancianos, los protocolos para la prevención y tratamiento de las UPP como responsabilidad del centro, la responsabilidad por falta de material adecuado para la prevención y el tratamiento de las UPP, el consentimiento informado antes de la aplicación de una técnica, la historia clínica y registros específicos para UPP incluido el fotográfico, las UPP como causa de ingreso hospitalario y altas hospitalarias a pacientes con UPP. Por su actualidad se analiza el tema de la prescripción enfermera en el ámbito del cuidado de las úlceras por presión y otras heridas crónicas como práctica "arraigada, consentida, aplaudida y practicada desde

  13. Euthanasia and assisted suicide: comparison of legal aspects in Switzerland and other countries.

    Science.gov (United States)

    Burkhardt, S; La Harpe, R; Harding, T W; Sobel, J

    2006-10-01

    The purpose of this paper is to present the legal aspects associated with assisted suicide in Switzerland and compare them with those in other countries. Like euthanasia, assisted suicide is a subject that induces much discussion in many countries. While the law is very liberal in some countries, such as Belgium and the Netherlands (where both euthanasia and assisted suicide take place), these practices are very controversial in other countries, such as France, where they remain taboo subjects. In the United States of America, the laws concerning assisted suicide can differ greatly from one state to another. For example, in Oregon, assisted suicide is allowed if applied by a medical doctor; in others, this act is illegal. In Canada, it is punishable according to the Criminal Code. In Switzerland euthanasia is punishable by law. However, the penal code does not condemn assisted suicide, whether carried out by a medical doctor or another person, provided it is not carried out through selfish motives. The application of these practices has become simplified in recent years and societies for the right to die with dignity based on this principle have come into being (Exit and Dignitas). In the French- and German-speaking parts of Switzerland the association Exit assists individuals living in Switzerland with serious progressive and incurable disease in their engagement to end their life. The association Dignitas, in the German-speaking part of Switzerland, also undertakes--in the same circumstances--to assist individuals coming from foreign countries. Dignitas welcomes several such individuals every year, especially from Germany, where a similar approach does not currently exist.

  14. Aspectos ético legales del trasplante de corazón Ethical and legal aspects of heart transplant

    Directory of Open Access Journals (Sweden)

    Fernán del C Mendoza

    2007-12-01

    Full Text Available El trasplante cardiaco constituye el tratamiento de elección para los pacientes en falla cardiaca refractaria. Desde el punto de vista médico, existen claras indicaciones para realizar el trasplante, pero a nivel local y mundial hay problemas por el escaso número de donantes. Para que se realice un trasplante de corazón, el donante debe reunir criterios de muerte encefálica, la cual se diagnostica por ausencia irreversible de las funciones del tallo encefálico, determinadas por un examen clínico. A pesar de las controversias que existen acerca de cuándo muere una persona, cada vez hay más claridad en este hecho. Existen otros problemas bioéticos que se relacionan con el trasplante como la donación (algunas personas en vida manifiestan su voluntad y autonomía de servir como donantes y otras no, la distribución de órganos y el comercio de órganos y tejidos. Desde el punto de vista legal y ético, se prohíbe la gratificación o pago al donante vivo, a la familia del donante fallecido, al banco de tejidos o de médula ósea, a las clínicas y hospitales, y a las aseguradoras por la donación o suministro de órganos o tejidos humanos. La promoción de la donación y la obtención de componentes anatómicos deberán efectuarse denotando su carácter voluntario, altruista y desinteresado. Debe primar el principio de justicia y excluirse cualquier consideración no equitativa de índole geográfica, racial, sexual, religiosa, etc. Los órganos deben distribuirse con base en criterios médicos; así mismo debe buscarse la más idónea utilización del órgano donado, teniendo como fundamento el manejo equitativo y como principio el respeto por la vida y la dignidad humana.Cardiac transplant is the treatment of choice for patients with refractory cardiac failure. There are clear indications from the medical point of view to perform the transplant, but locally and world - wide there are problems due to the scarce number of donors. In order

  15. Selected aspects of proposed new EU general data protection legal framework and the Croatian perspective

    National Research Council Canada - National Science Library

    Nina Gumzej

    2013-01-01

      Proposed new EU general data protection legal framework profoundly affects a large number of day-to-day business operations of organizations processing personal data and calls for significant effort...

  16. Legal aspects of the maritime transport of radioactive materials its regulation in Mexico

    CERN Document Server

    Aguilar, S

    2001-01-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is appli...

  17. Geometric Aspects of Ground Augmentation of Satellite Networks for the Needs of Deformation Monitoring

    Science.gov (United States)

    Protaziuk, Elżbieta

    2016-06-01

    Satellite measurements become competitive in many tasks of engineering surveys, however, in many requiring applications possibilities to apply such solutions are still limited. The possibility to widely apply satellite technologies for displacements measurements is related with new challenges; the most important of them relate to increasing requirements concerning the accuracy, reliability and continuity of results of position determination. One of the solutions is a ground augmentation of satellite network, which intention is to improve precision of positioning, ensure comparable accuracy of coordinates and reduce precision fluctuations over time. The need for augmentation of GNSS is particularly significant in situations: where the visibility of satellites is poor because of terrain obstacles, when the determined position is not precise enough or a satellites constellation does not allow for reliable positioning. Ground based source/sources of satellite signal placed at a ground, called pseudosatellites, or pseudolites were intensively investigated during the last two decades and finally were developed into groundbased, time-synchronized transceivers, that can transmit and receive a proprietary positioning signal. The paper presents geometric aspects of the ground based augmentation of the satellite networks using various quality measures of positioning geometry, which depends on access to the constellation of satellites and the conditions of the observation environment. The issue of minimizing these measures is the key problem that allows to obtain the position with high accuracy. For this purpose, the use of an error ellipsoid is proposed and compared with an error ellipse. The paper also describes the results of preliminary accuracy analysis obtained at test area and a comparison of various measures of the quality of positioning geometry.

  18. [The rules of ethics, legal aspects, and the issue of euthanasia].

    Science.gov (United States)

    Swiatkowska-Flis, Beata; Pierzchała, Krystyna; Flis, Cezary

    2009-01-01

    The issue of euthanasia is gaining greater momentum in Poland. It is a matter of fact that Poland is a country with an increasing aging population. As a result of this increased awareness, this topic is also becoming increasingly controversial. Does a doctor have the right to decide, on behalf of another person, if they should end their life? What limitations should doctors be bound by in terms of their legal and ethical obligations? The purpose of this study is to investigate the ethical and legal implications associated with euthanasia.

  19. Legal aspects of biobanking as key issues for personalized medicine & translational exploitation

    DEFF Research Database (Denmark)

    Minssen, Timo; Schovsbo, Jens Hemmingsen

    2014-01-01

    out more specific legal problems that might occur throughout the various chronological stages of biobanking regarding consent obligations and intellectual property rights (IPR). After this we use an on-going interdisciplinary research project based at the University of Copenhagen (UCPH) to illustrate...... relating to intellectual property rights (IPRs)....... the legal framework for biobanking and in particular for the challenges posed by PM. We conclude that any decisions as to the design of the regulatory environment should follow a process that takes account of the values, hopes and concerns of all stakeholders involved. In particular, we stress...

  20. Analysis of the main requirements to the ethical behavior of civil servants in Ukraine: legal aspects

    Directory of Open Access Journals (Sweden)

    N. G. Sorokina

    2017-06-01

    Full Text Available Legal regulations that define the basic requirements to the ethical behavior of public servants in Ukraine have been analyzed in the article. It has been noted that the only recognition of the importance of professional ethics is not enough. One of the most effective measures of the public service authority’s improvement in society,  corruption combating and improvement of the governance culture is the legal regulation on the professional ethics of public service. It has been determined that the ethical principles of public service in Ukraine are noted in many Ukrainian legal acts, thus, the considerable attention in the paper was given to the study of the Laws of Ukraine “On State Service”, “On Corruption Prevention”, the Resolution of the Cabinet of Ministers of Ukraine “On approval of rules of the ethical behavior of public officials” and the Order of the National agency of Ukraine on civil service “On approval of the General rules of ethical behavior of civil servants and local government officials”. During analysis it has been determined that it is almost impossible to make a comprehensive list of rules of behavior of civil servants at the level of legal documents. So, the best guarantee of preventing power abuse, corruption and other service and ethical violation is personal dignity and high moral standing of employee and, above all, the professional honor and duty.

  1. Organizational-legal aspects of scientific and technical and innovative development of Uzbekistan

    Directory of Open Access Journals (Sweden)

    Guzal Vapaeva

    2009-10-01

    Full Text Available Efficient protection of intellectual property provides not only commercialization of objects, but also activization of innovative activity as a whole, stimulation of national and international investments into economy. The paper describes features of legal protection institutions in Uzbekistan.

  2. Medico-legal aspects of sleep disorders: sleepiness and civil liability.

    Science.gov (United States)

    Ellis, Elizabeth; Grunstein, Ronald R.

    2001-02-01

    Excessive sleepiness is associated with motor vehicle accidents and is responsible for enormous social and financial loss. The specific legal obligations for an individual with a sleep disorder, their employer and those health care practitioners associated with that individual are reviewed. Although there are related implications within the criminal law and in particular criminal negligence, the arguments developed in this paper will be largely confined to the context of the civil liability. The legal concepts of foreseeability and proximity are discussed in the context of sleep-related accidents. The reasoning of a recent Australian High Court judgement is discussed in view of the differences in legal and medical opinion on the extent of foreseeability of accidents as a result of sleepiness. Many countries have legislation designed to protect employees from injury at work and to protect the general public from injury. What is not clear is the extent to which an employer will be required to accept liability for an employee's sleepiness and the duty to monitor the health of their employees. Factors which influence this liability include: the extent to which the implications of the condition is known and understood generally; the extent to which the condition is suspected or identified in an individual employee; the extent of a proper screening and treatment program and the way in which risk management programs have been implemented. Although the issue of sleepiness and civil liability is examined from an Australian legal context, the principles have direct relevance to other legal systems. The authors highlight the degree of uncertainty provided by the common law and statutory provisions, and that decisions rest on the balance of public interests, which mean that many of the current dilemmas facing practitioners may only be solved in the courts.

  3. The position of the Hungarian national minority in Vojvodina: Sociological and legal aspects

    Directory of Open Access Journals (Sweden)

    Manić Željka

    2011-01-01

    Full Text Available The text is about sociological and legal analysis of the position of the Hungarian national minority in Vojvodina, with special regard to the period between 2002 and 2007. It is believed that ethnic relations have a significant role in establishing national identity, and that collective rights represent the legitimate effort to preserve the language, writings and culture of those ethnic groups. The position of the Hungarian national minority is the position that is guaranteed by the constitution of the Republic of Serbia in the section regarding the collective rights: the right to the education in their first language, official use of language and writing, media information's in first language, preservation of culture and the right to participate in public activities. The position of Hungarian minority is regarded in two dimensions: the level of legal regulations and the level of actual problems that the members of minority are facing when practicing their rights.

  4. LEGAL AND ADAMINISTRATIVE ASPECTS OF LAND REFORM MEASURES AND AGRARIAN WELFARE IN BANGLADESH

    OpenAIRE

    Khan, A. Z. M. Obaidullah; Ali, A. M. M. Shawkat

    1985-01-01

    This paper presetts an analytical overview of the agrarian reform measures which resulted from the commendations of the Land Reforms Committee, 1983. The recommendations have beet gives legislative shape, first in the Land Reforms Ordinance, 1984 and secondly in the Agricultural Labour (Minimum Wages) Ordinance, 1984. The overview is presented in respect of the ownership ceiling on land, protection of the rights of the sharecropper, legally establishing the minimum wages for agricultural labo...

  5. Regulatory Impact Assessment (RIA and Rationality of Law – Legal Aspects

    Directory of Open Access Journals (Sweden)

    Jan Chmielewski

    2015-06-01

    Full Text Available Purpose: The fundamental aim of this article is to verify an assumption according to which the proper Regulatory Impact Assessment (RIA is a key factor in the rationality of law. Rational law is a law which is effective and able to realize and achieve social, economic and environmental aims determined and established by the lawmaker. Methodology: The scope of this paper – which determines its structure – encompasses the definition of RIA, including its specific (but non-legal forms such as benchmarking and evaluation. As far as we are concerned, these methods can provide – as a kind of Regulatory Impact Assessment a significant tool for measuring the rationality of regulations. Furthermore, the usefulness of benchmarking and evaluation has been recognised by representatives of jurisprudence. We will also explain the concept and the assumptions of the rationality of law on the grounds and in the light of the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. This should allow to countercheck the main thesis of this paper. The methodology encompasses primary legal methods such as literature, case law and legislation analysis. Findings: An indispensable condition of the rationality of law is actual elimination of irrational regulations which were not subjected to the Regulatory Impact Assessment. Practical implications: Although RIA is a problematic issue (in terms of its practical application,it is necessary to carry it out in order to assure the rationality of law. A good and desirable complement to Regulatory Impact Assessment are non-legal methods such as benchmarking and evaluation. Originality: Originality and value of this survey lies in taking into account the case law of the Polish Constitutional Tribunal and the Supreme Administrative Court. Additionally, this paper is original in that it considers non-legal methods in the examination of the rationality of law.

  6. Public administration of processes for supporting of inner ecology safety in Ukraine: organizational and legal aspect

    Directory of Open Access Journals (Sweden)

    Y. О. Romanenko

    2016-03-01

    Full Text Available The paper studied the legal framework that regulates social relations in the field of internal environmental safety and provides a unified state policy and the exercise of powers by the authorities at all levels. Thus, in the legal field there are the gaps on many issues that are important in solving the tasks, including the powers and responsibilities of the various subjects of law in an extreme situation, as well as management and leadership of emergency rescue activity and other urgent works in disaster areas. It is established that to increase the state’s role in protecting the population from emergency situations of natural character, it is necessary to achieve a qualitative change in the legal status of government, the formation of relevant legislation and conduct regulation. In general, the process of regulation in addressing the problems of population protection from emergency situations of different nature must be carry out through the systematization of the national, regional and local levels regulations that are relevant to the issues of prevention and liquidation of emergency situations; also we must eliminate inconsistencies in current legislation and coordinate the national legislation with international. Based on analysis of existing and unresolved problems of internal environmental safety it is necessity to implement new mechanisms of state influence to prevent environmental degradation, the use of methods and means of protecting the population from current anthropogenic influences; reorganization of the territory, defining the boundaries of zones of sanitary, medical and sanitary survey of the population; ensuring internal environmental safety is realized with the help of legal, operational and rescue, functional and territorial public administration practices; the use of multi-state management controls that are able to simultaneously influence the situation in the sphere of nature.

  7. Critical aspects of therapy in the context of child care legal proceedings: an emerging framework

    OpenAIRE

    Davies, Michael Glyn

    2012-01-01

    During the last 10 years working intensively with families in the context of child-care legal proceedings I am struck by how their lives hinge precariously on the outcome of a professional's assessment of them. This is especially so with ‘experts’ who often act as final arbiters on a family’s viability by providing independent psychological, psychiatric or Social Work assessments. In some cases, during proceedings, a therapeutic issue often not previously known or considered viable can emerge...

  8. Legal and economic aspects of contracts of insurance of crops and yields against drought

    Directory of Open Access Journals (Sweden)

    Veselinović Janko P.

    2016-01-01

    Full Text Available The contract of insurance of crops and yields against drought is based on the risk of decrease of precipitation in comparison with an earlier relevant period. The authors analysed the specificities of the case of draught risk, but also other regulations characteristic of this contractual relationship, both from the economic and the legal point of view. The paper also treats the position of contractual parties in this contractual relationship, partly arising from the monopolising position of the insuring organisation. That part also analyses the contract freedom that is endangered due to unequal positions of contractual parties. Special attention is paid to legal sources, especially the general and special conditions of insurance organisations, seeing as they are the main source of law, as there is a lack of legal regulation of this field. The number of Serbian insurance organisations that offer this type of insurance is extremely low, as well as the percentage of insurance against this risk. The authors analyse the reasons for which this type of insurance is underdeveloped in Serbia, as well as the consequences of such a state to a safe agricultural production. The paper also covers the topic of the role of legislators and the state in general, in terms of regulation of certain elements of this contractual relation, but also in terms of state incentives that would contribute to a higher percentage of insured agricultural areas. This would reduce the uncertainty and the damage suffered by agricultural producers due to increasing weather fluctuations. Taking into account the inadequate legal and economic tradition, education in this field would represent a significant contribution to the development of this kind of insurance. The authors analyse the difference between the contracts of insurance of crops and yields against drought and the weather derivative contracts, which can be traded on the stock market.

  9. Law and Memory. The Many Aspects of the Legal Inquisition in the Medieval Crown of Aragon

    Directory of Open Access Journals (Sweden)

    Kagay, Donald J.

    2004-06-01

    Full Text Available This article discusses the importance of the legal inquisition in the medieval Crown of Aragon. The form is reviewed from its Roman origins through the influence of Visigothic law and that of the various law codes of eastern Spain during the Middle Ages. The use of the legal inquisition by the crown, the church, the nobility and town governments clearly demonstrates how adaptable it could be. The form's manipulation of both written evidence and witness testimony is crucial for the understanding of how Iberian law perceived and shaped the memory of past events.

    Este artículo analiza la importancia de la encuesta judicial en la Corona de Aragón en la Edad Media. El autor re visa esta forma jurídica desde sus orígenes romanos, pasando por la influencia de la ley visigótica y la de los varios códigos legales de la España oriental durante el Medievo. El uso de la encuesta judicial por la corona, la iglesia, la nobleza y los gobiernos municipales demuestra claramente cuan adaptable podía ser. La manipulación de la encuesta, de la evidencia escrita y de las declaraciones de los testigos son cruciales para comprender cómo la ley ibérica percibió y estableció la memoria de acontecimientos pasados.

  10. [The "accommodation" of aging and older psychiatric patients - legal and psychiatric aspects].

    Science.gov (United States)

    Möllhoff, G

    1981-01-01

    In the articles 2, 19 and 97 GG the "Human Rights" and the "Human Dignity" are designed by the paramount constitutional law to be important guidelines for public activities. From these conceptions derives the implementation in the individual Federal States, which carry out the "Laws regarding the legal procedure for the deprivation of liberty" (1956) as well as the "Accomodation Laws". It differs in many administrative details, in its basic structure it is, however binding. Careful consideration of a case according to the Proportional Principles (Right of the Individual-Claim of the society for protection and security) on the one hand and legal control in all stages of the proceeding on the other hand are thereby safeguarded. First such important conceptions as "mental disease, mental weakness, threat, addiction, neglect, public nuisance, indecent assault" are discussed in line with the highest jurisdiction. The medical and legal limitations of the accomodation criteria for the old and ageing are presented. Advantages and disadvantages of the medically-centered regulations of accomodation, diagnosis, therapy, temporary leave and discharge of patients are explained; foreign experience is taken into account.

  11. Medico-legal aspects of congenital heart diseases in buying and selling of pets

    Science.gov (United States)

    Passantino, Annamaria; Pugliese, Michela; Quartarone, Valeria; Russo, Natalia; Bussadori, Roberto; Guercio, Bartolomeo

    2017-01-01

    Aim: The veterinarian should be able to assess congenital and inherited malformations such as heart defects because they may be object of legal disputes. In this study, the authors report some cases of congenital heart defects in pets (dogs and cats) to clarify whether or not they may be considered a redhibitory defect. Materials and Methods: A total of 28 medical records of pets referred with suspected congenital heart disease were examined. All patients aged between 3 and 24 months underwent clinical examination, chest X-ray examination, electrocardiogram, and echocardiography and angiocardiography when necessary. Results: Congenital heart diseases or associated cardiac malformations were confirmed. Considering the above congenital diseases as redhibitory defect and the rights of the owners from a strictly legal viewpoint, 9 owners demanded an estimatory action and 11 a redhibitory action; 1 owner decided to demand the reimbursement of veterinary expenses because the animal died; 7 owners took no legal action but requested surgical intervention. Conclusions: Until more appropriate and detailed legislation on the buying and selling of pet animals is put in place; the authors propose to include in the contract a temporal extension of the guarantee relating to congenital heart disease, which can often become evident later. PMID:28246457

  12. Medico-legal aspects of congenital heart diseases in buying and selling of pets

    Directory of Open Access Journals (Sweden)

    Annamaria Passantino

    2017-01-01

    Full Text Available Aim: The veterinarian should be able to assess congenital and inherited malformations such as heart defects because they may be object of legal disputes. In this study, the authors report some cases of congenital heart defects in pets (dogs and cats to clarify whether or not they may be considered a redhibitory defect. Materials and Methods: A total of 28 medical records of pets referred with suspected congenital heart disease were examined. All patients aged between 3 and 24 months underwent clinical examination, chest X-ray examination, electrocardiogram, and echocardiography and angiocardiography when necessary. Results: Congenital heart diseases or associated cardiac malformations were confirmed. Considering the above congenital diseases as redhibitory defect and the rights of the owners from a strictly legal viewpoint, 9 owners demanded an estimatory action and 11 a redhibitory action; 1 owner decided to demand the reimbursement of veterinary expenses because the animal died; 7 owners took no legal action but requested surgical intervention. Conclusions: Until more appropriate and detailed legislation on the buying and selling of pet animals is put in place; the authors propose to include in the contract a temporal extension of the guarantee relating to congenital heart disease, which can often become evident later.

  13. Legal aspects of unitization: a comparative approach; Aspectos juridicos da unitizacao: uma abordagem comparativa

    Energy Technology Data Exchange (ETDEWEB)

    Cunha, Amanda L. [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The objective of this paper is the study of unitization under a comparative approach between the legal system of some of the most important countries in mature production of oil and gas as well of those which represent the new frontier in exploration and production of these natural resources, and also the provisions regarding unitization in the Brazil's legal system. Firstly, concepts and classifications about unitization, the historical context related to it, and the different doctrines regarding unitization will be analyzed. This analysis will be done considering the concepts developed by American jurisprudence, since it was in the United States where the first thesis regarding unitization were developed, such as the rule of capture and the correlative rights doctrines. Afterwards, it will be presented a study of some unitization's provisions found in different countries' statutes, regulations and contracts such as leases, production sharing agreements, concession contracts etc., being pointed the similarities and differences related to Brazil's legal system. Finally, the national legislation in force as well the Model Concession Contract of ANP's Sixth Round will be analyzed. (author)

  14. Aspects of Legal Translation Teaching%英汉法律翻译教学面面观

    Institute of Scientific and Technical Information of China (English)

    傅敬民

    2011-01-01

    英汉法律翻译作为特殊用途翻译(Translation for Specific Purpose,TSP)目前日益受到关注。文章结合教学实践经验,对法律翻译的特殊性、教学目标、师资队伍建设、教材建设以及教学方法等方面进行了尝试性探讨。同时指出,法律翻译教学是一项系统性工程,需要围绕教学的方方面面予以全面的研究,并在此基础上提出了相应的策略。%Legal translation as translation for specific purpose has drawn increasing attention in China. In this paper, the author tentatively explores some aspects of legal translation, including its specialty, its teaching faculty, its teaching orientation, textbooks concerned and relevant teaching approaches. According to the author, legal translation is a systematic project, which requires overall research, and we should come up with strategies accordingly.

  15. Legal aspects regarding the use and integration of electronic medical records for epidemiological purposes with focus on the Italian situation

    Directory of Open Access Journals (Sweden)

    Antonietta Stendardo

    2013-09-01

    Full Text Available The "Observational Studies" working group of the Italian Association of Medical Statistics and Clinical Epidemiology (SISMEC has undertaken to study the impact of recent healthcare sector regulations on the legal and organisational aspects of managing all EMR databases with emphasis on Legislative Decree No. 196/2003 (the Italian Personal Data Protection Law. This paper examines six issues relating to theirs legal implications. The first section, “Confidentiality”, provides definitions and the regulatory context for the terms "confidentiality" and "personal data". In the second, “Nature of data held in electronic medical record archives”, we discuss the problem of sensitive data and procedures to make the identification code anonymous. In “Data ownership” we highlight the difference between the data controller and the database controller. The fourth section, “Conditions for processing”, discusses problems associated with using research data from one study in other investigations. In the fifth, “Patient consent”, we address the problems related to patient consent. Finally in “Penalties” we outline the main civil and criminal liability issues applied in case of non-compliance with the provisions of the Personal Data Protection Code. Where possible, we provide suggestions on how to comply with the legal requirements of managing medical record archives in order to make it easier for researchers to remain in compliance with the relevant provisions. 

  16. Satellite combined heat and power plants and their legal autonomy; Satelliten-BHKW und deren rechtliche Eigenstaendigkeit

    Energy Technology Data Exchange (ETDEWEB)

    Loibl, Helmut [Kanzlei Paluka Sobola Loibl und Partner, Regensburg (Germany). Abt. Erneuerbare Energien

    2014-04-15

    Since the landmark decision by the German Court of Justice concerning the term ''plant'' in the context of biogas plants it should be clear beyond doubt that satellite combined heat and power plants (CHPs) are legally autonomous plants pursuant to Para. 3 No. 1 of the Renewable Energy Law (EEG). What has yet to be finally resolved are the conditions under which satellite CHPs are to be regarded as autonomous. This will be a question of distance on the one hand and of operation autonomy on the other. In the individual case both these factors will have to be assessed from the perspective of an average objective, informed citizen. To the extent that its heat and electricity are being utilised in a meaningful manner, the plant's autonomy will be beyond doubt, at least in operational terms. Regarding the remuneration to be paid for satellite CHPs the only case requiring special consideration is when a CHP falls under the EEG of 2012. In this case Para. 1 Section 1 Sentence 2 EEG provides that the remuneration for the CHP in question is to be calculated as if there was a single overall plant. To the extent that none of the CHPs fall under the EEG of 2012, the ruling remains that there is a separate entitlement to remuneration for each satellite CHP. This also holds in cases where satellite CHPs that were commissioned after 1 January 2012 are relocated. When a satellite CHP is replaced by a new one, the rate and duration of remuneration remain unchanged. However, when a new satellite CHP is added to an existing satellite CHP via a gas collector line it is to be treated according to the decisions of the Federal Court of Justice concerning biogas plant extensions: It falls under the law that applies to the existing CHP and has an entitlement to a new minimum remuneration period, albeit subject to the degression rate provided by the EEG version in question.

  17. Legal aspects of administrating antipsychotic medications to jail and prison inmates.

    Science.gov (United States)

    Dlugacz, Henry; Wimmer, Christopher

    2013-01-01

    The administration of antipsychotic medications to jail and prison inmates involves two related components: conducting the informed consent process in a coercive environment and, where consent is not obtained, forcible administration of medication if needed. In the United States, both involve common law, statutory, and constitutional principles. Obtaining informed consent in correctional institutions is complicated. Patients in correctional institutions lack access to alternate sources of information, and depend on the correctional system completely - a system which they may distrust. This may influence the patient's view of the administering physician. Where consent cannot be obtained, forcible administration may be legally permissible for two primary reasons: to restore a criminal defendant to competency in order to stand trial and to ameliorate severe symptoms of mental disability, particularly when they threaten the safety of self, others, or in some instances, property. The interests at stake for the individual and the government, and the legal standards developed to balance these interests, differ between the two situations. When considering challenges to forcible medication of inmates serving a prison sentence, the United States Supreme Court has treated the interest of the institution in maintaining security as paramount. By contrast, when considering challenges to forcible medication of pretrial detainees, the Court's concern for the fair trial rights guaranteed by the Sixth Amendment has seemingly led it to moderate its emphasis on security. However, this distinction is not stable and may in fact be breaking down, as the recent case of Jared Loughner demonstrates. This article discusses the various federal, state, and international legal standards applicable to both informed consent and forcible medication, and their implementation in the correctional setting, focusing on issues related to the United States. Copyright © 2013 Elsevier Ltd. All rights

  18. [Student tragedy. Forensic-psychiatric and legal medicine aspects of an unusual crime].

    Science.gov (United States)

    Cabanis, D; Bratzke, H

    1985-01-01

    The unusual circumstances of the violent killing of an 18-year-old girl by her 18.8-years-old schoolfriend led us to undertake a forensic-psychiatric analysis of the offence action as well as a presentation of legal-medical points of view. The crime, which can be classified as a collective lover crime for which there is no parallel in the literature, was only solved 9 months later when one of the two delinquents confessed a further offence. The killing was planned and prepared, the victim being buried hurriedly in a previously made hole in a wood after she had been strangled.

  19. [Post-traumatic psoriatic rheumatism. Clinical and medico-legal aspects].

    Science.gov (United States)

    De Bandt, M; Palazzo, E; Brissaud, P; Kahn, M F

    1992-01-01

    The possibility that injury may play a role in the development of some forms of chronic inflammatory rheumatic disease has been a subject of debate for many years. Such a role is accepted for some cases of rheumatoid arthritis, remains controversial for spondylarthropathies, and is poorly understood in psoriatic arthritis. Three cases of post-traumatic psoriatic arthritis are reported herein. The difficulty of establishing the causative role of the injury (despite precise criteria) is underlined, the pathophysiologic mechanism is discussed (deep Koebner phenomenon?), and possible legal consequences are reviewed.

  20. System architecture and market aspects of an European Land Mobile Satellite System via EMS

    Science.gov (United States)

    Ananasso, F.; Mistretta, I.

    1992-03-01

    The paper describes an implementation scenario of a Land Mobile Satellite System via the EMS (European Mobile System) payload embarked on Italsat F-2. Some emphasis is given on market issues aiming at singling out business niches of Land Mobile Satellite Services (LMSS) in Europe. Other crucial issues exist such as: the alternate/competitive systems, the problems of interworking with other existing and/or planned systems, the definition of network architecture that better fits the user requirements, the marketing strategy and, last but not least, the financial evaluation of the project. The paper, on the basis of a study performed by Telespazio on behalf of ESA, discusses some of these issues with emphasis on competitive market aspects.

  1. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician].

    Science.gov (United States)

    Pauković, Hrvoje

    2008-01-01

    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

  2. The Use of Force in Modern Counter-Terrorism: International Legal and Political Aspects

    Directory of Open Access Journals (Sweden)

    Elizaveta Sergeevna Gromoglasova

    2016-12-01

    Full Text Available The paper reviews the recent practice of the use of military force in extraterritorial counter-terrorist operations. It argues that nowadays we're witnessing a new stage in the 'war on terror' that's still going on. Although the most of the modern counter-terrorist operations like, for example, the US-led coalition against ISIL in Iraq are being conducted at the request of the affected government, the major risks of expanding and misuse of the right on individual or collective self-defense enshrined in the UN Charter are still present. This can be illustrated by reference to the US air strikes on ISIL in Syria that have been undertaken without consent of Syrian government. But the challenges emerging from 'failed states' and rise of new more radical and militant terrorist movements (ISIL, Ash-Shabaab, Boko Haram and others change the perceptions of legality of extraterritorial counter-terrorist force. The approach which reaffirms responsibility of the state for suppressing terrorist groups operating from within its territory seems to become more and more acceptable. Accordingly, if the state can't suppress terrorist activity it should accept the counter-terrorist intervention on its territory. Nevertheless, jus in bello norms (first of all international humanitarian law remain stringent legal framework for actual use of counter-terrorist military force. The paper concludes that overall political legitimacy of the modern military counter-terrorist operations should be accessed in terms of their humanitarian impact and consequences.

  3. Legal and economic aspects of Ukrainian enterprises activity at the European renewable energy market

    Directory of Open Access Journals (Sweden)

    Sergiy Bilotskiy

    2017-06-01

    Full Text Available The article deals with a current trend of the global energy market, which is characterized by rising tension in relations between the performers of the energy market regulation mechanisms, and it leads to the emergence of alternative energy sources. The article is called to identify the causes of renewable energy markets nascence, to make comparative description of Ukrainian and European Renewable Energy Markets attractiveness, and to characterize the state policy change in a renewable energy market. Different interpretation of nature and classification of the field of renewable energy in foreign and Ukrainian approaches shows the problem of legal criteria of renewable energy markets regulation. It is proved the existence of double barrier penetration of the European market for renewable energy for Ukrainian companies, which includes compliance with the accepted EU Directives and compliance with the Rules of each member individually. The presence of clearly defined standards and certificates of quality for the European market allows producers to show the competitiveness of Ukrainian products in the international market and stimulate Ukrainian manufacturers. The presence of clearly formulated laws, stable and balanced political and legal environment of the EU allows Ukrainian producers of renewable energy to develop such a strategy that considers the time factor, as the primary parameter of competitiveness in international business. The market of solid biofuels in EU is under formation, its development timeframe and uncertainty of environmental risks becoming is especially important for Ukrainian producers.

  4. [Specific phobia in early period of puerperium. Case report and its legal aspects].

    Science.gov (United States)

    Kokoszka, Andrzej; Jerominiak-Kobrzyńska, Monika; Kalicka-Owerska, Adriana; Wypych, Karol; Filar, Marian

    2010-01-01

    A 28 year old woman with a specific phobia of being in hospital, three hours after having given birth to her baby, demanded to be discharged from the hospital, in spite of having been informed by the obstetrician that her life was threatened because of an intrauterine infection that might cause sepsis. The patient decided to stay in hospital after several long-lasting psychiatric consultations including psychotherapeutic interventions. The patient did not recognise that her fear was excessive and unreasonable, i.e., did not meet one of the criteria of specific phobia. She gradually regained criticism toward her symptoms within approximately one day. This indicates that patients with specific phobia confronted with a phobic situation may temporarily loose awareness that their fears are unreasonable and/or too intensive and may express beliefs similar to psychotic delusions. This situation faced the team of doctors with potential legal problems that might appear if the patient had definitely refused to stay in the hospital. Polish law does not allow to treat such patients against their will on non-psychiatric hospital wards. However, in the case ofa definite phobia diagnosis there is no legal way to hospitalise a patient against his or her will on a psychiatric ward.

  5. Informed consent of the critically ill patient and drug therapy: legal aspects

    Directory of Open Access Journals (Sweden)

    Riccardo Fresa

    2013-08-01

    Full Text Available Legal issues concerning the doctor-patient relationship are numerous, and belong to the wider field of professional liability in health care. This article will be dealt with the issues related to informed consent in patients temporarily unable to express consent, or patients who are in a state of temporary incapacity. If the patients are temporarily incapable, and therefore are not able to receive the information nor to express consent to treatment, the physicians’ duty to provide medical treatment and the patients’ self-determination should be considered: the patients can consent or refuse treatment only if able to understand the significance of their decision. If a patient is temporarily unable to give consent and the practitioner doesn’t have at his/her disposal a valid document reporting the patient’s wishes, it’s necessary to rely on the so called “amministratore di sostegno” (introduced in the Italian legal system by Law n. 6 of January 9th, 2004. But in the case of not deferrable treatment, as a lifesaving intervention, the rule is in dubio pro life meaning that a doctor is always legitimized by this situation of urgent need, regardless of the informed consent of the patient and/or third parties.http://dx.doi.org/10.7175/rhc.v4i2s.874

  6. Privacy and data protection: Legal aspects in the Republic of Macedonia

    Directory of Open Access Journals (Sweden)

    Nora Osmani

    2016-07-01

    Full Text Available The purpose of this paper is to present a theoretical assessment of the existing Law on Personal Data Protection in the Republic of Macedonia. The paper aims to analyse whether there is a need for additional legal tools in order to achieve a balance between maintaining data integrity in the digital age and the use of modern technology. The paper discusses the meaning of “information privacy” in the age of big data, cyber threats and the domestic and international response to these issues. Special focus is dedicated to privacy policy enforcement in European Union Law. Having regard to the development of new technologies, prevailing data protection legislation may no longer be able to provide effective protection for individuals’ personal information. Therefore, existing laws should be continuously adapted to respond to new challenges and situations deriving from different online activities and communications.

  7. Legal aspects of Joint Pre-Commercial Procurements: from modeling to implementation

    CERN Document Server

    CERN. Geneva

    2015-01-01

    The delivery of Information and Communication Technology (ICT) services is changing fundamentally. Cloud-based services are replacing traditional local - or on-premises - software and infrastructure installations for many public sector organisations. This applies to government but also to public research organisations, including libraries, which currently deal with the outburst of big data and the need for additional computing capacity. While technology service options continue to evolve, procurement processes and policies have remained firmly rooted in historical practices that are no longer effective. In order for public research organisations of all sizes to take advantage of the best solutions the market has to offer nowadays, a more flexible and agile procurement process must be created and implemented. The objective of this presentation is to review strategies and tips in order to help procurers implement and publish a Joint Pre-Commercial Procurement tender; including: General legal framework of PC...

  8. Legal aspects of the petroleum royalties; Natureza juridica dos 'royalties' do petroleo

    Energy Technology Data Exchange (ETDEWEB)

    Manoel, Cacio Oliveira [Rio Grande do Norte Univ., Natal, RN (Brazil)]. E-mail: caciooliveira@yahoo.com.br

    2003-07-01

    The royalties on oil and gas production has taken great importance in national scenery after Federal Constitution from 1988 and Laws nbr. 7.990/89 and 9.478/97, that have regulated more specifically the distribution of values fixed in exploration and production contract. However, there is a feature of royalties that is little discussed by oil and gas lawyers, that is, its juridical fundament. The aim of the present paper is to discussed the features of royalty in brazilian legal system in order to define its juridical fundament. Along text we will show the question lays on the institute of stipulation in behalf of third parts, in reason of oil and gas' owner (The Union)isn't their beneficiary of royalties, but States and Municipal Districts. (author)

  9. Preserving the Environment of Outer Space - Legal, Regulatory and Institutional Aspects of Active Orbital Debris Removal

    Science.gov (United States)

    Mankata Nyampong, Y. O.

    2012-01-01

    In view of the massive quantities of space debris already deposited in outer space, any effort aimed at guaranteeing the sustainability of mankind's access to outer space and the continued safety of space operations must not be limited exclusively to mitigating the creation of new debris, but must also focus on the active removal of existing pieces of debris from space (remediation) as a matter of necessity. Presently, technologies that will enable active debris removal (ADR) are only just emerging. As the technology develops, however, several legal, regulatory and institutional issues that may hinder the conduct of ADR activities must also be addressed. This paper highlights and explores some of the foregoing issues in an effort to draw international attention to these matters and ultimately to pave the way for the smooth conduct of ADR activities once the technology matures.

  10. Incorporating Knowledge of Legal and Ethical Aspects into Computing Curricula of South African Universities

    Science.gov (United States)

    Wayman, Ian; Kyobe, Michael

    2012-01-01

    As students in computing disciplines are introduced to modern information technologies, numerous unethical practices also escalate. With the increase in stringent legislations on use of IT, users of technology could easily be held liable for violation of this legislation. There is however lack of understanding of social aspects of computing, and…

  11. PATIENT'S RIGHT TO INFORMED CONSENT IN REPUBLIC SRPSKA: LEGAL AND ETHICAL ASPECTS (WITH SPECIAL REFERENCE TO PHYSICAL REHABILITATION).

    Science.gov (United States)

    Milinkovic, Igor; Majstorovic, Biljana

    2014-12-01

    The principle of informed consent, which requires a patient's fully-informed consent prior to the medical treatment, is closely connected with the value of human dignity. The realization and protection of a patient's dignity is not possible without his/her right to choose the character and scope of medical treatment. This goal cannot be adequately achieved within the traditional model of medical paternalism characterized by the physician's authoritative position. The first part of the article deals with the content and ethical significance of the informed consent doctrine. The legal framework of informed consent in Republic Srpska (RS), one of the two Bosnia and Herzegovina (BH)entities, is analyzed. Special reference is made to the relevance of the informed consent principle within the physical rehabilitation process. Although ethical aspects of physical rehabilitation are often overlooked, this medical field possesses a strong ethical dimension (including an appropriate realization of the patient's right to informed consent).

  12. Consumers on the Internet: ethical and legal aspects of commercialization of personalized nutrition.

    Science.gov (United States)

    Ahlgren, Jennie; Nordgren, Anders; Perrudin, Maud; Ronteltap, Amber; Savigny, Jean; van Trijp, Hans; Nordström, Karin; Görman, Ulf

    2013-07-01

    Consumers often have a positive attitude to the option of receiving personalized nutrition advice based upon genetic testing, since the prospect of enhancing or maintaining one's health can be perceived as empowering. Current direct-to-consumer services over the Internet, however, suffer from a questionable level of truthfulness and consumer protection, in addition to an imbalance between far-reaching promises and contrasting disclaimers. Psychological and behavioral studies indicate that consumer acceptance of a new technology is primarily explained by the end user's rational and emotional interpretation as well as moral beliefs. Results from such studies indicate that personalized nutrition must create true value for the consumer. Also, the freedom to choose is crucial for consumer acceptance. From an ethical point of view, consumer protection is crucial, and caution must be exercised when putting nutrigenomic-based tests and advice services on the market. Current Internet offerings appear to reveal a need to further guaranty legal certainty by ensuring privacy, consumer protection and safety. Personalized nutrition services are on the borderline between nutrition and medicine. Current regulation of this area is incomplete and undergoing development. This situation entails the necessity for carefully assessing and developing existing rules that safeguard fundamental rights and data protection while taking into account the sensitivity of data, the risks posed by each step in their processing, and sufficient guarantees for consumers against potential misuse.

  13. 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

  14. Children sold for transplants: medical and legal aspects. Amnesty International--Danish Working Group for Children.

    Science.gov (United States)

    Fasting, U; Christensen, J; Glending, S

    1998-11-01

    Over the last few decades there has been a substantially higher percentage of successful organ transplants but also a significant imbalance between the demand for and the supply of organs, creating the basis for a highly profitable black market trade in human organs. Sometimes there are reports that children have been kidnapped, only to reappear later lacking one kidney, or that they simply disappear and are subsequently killed to have all their transplantable organs removed for profit. The European Union feels that there is a need for action and that it has a duty to act in this field, especially for ethical reasons. There is now established close co-operation between the various European transplant organizations. The legal protection of children with regard to organ transplantation is not specifically mentioned in the existing conventions because this issue was not foreseen at the time of their preparation. However, the issue is covered in a broader sense by more general provisions. There are endless rumours surrounding this area. Members of various organizations who travel in the suspected countries say that the trafficking in children who are sold for transplantation is well known, but it is too difficult and very dangerous to catch the people involved. We have to conclude that it has been impossible to prove or disprove the rumours, but they are consistent and we all, especially in the health care professions, have an obligation to be keenly aware of how and where organs are obtained.

  15. Health care systems in Sweden and China: Legal and formal organisational aspects

    Directory of Open Access Journals (Sweden)

    Hjelm Katarina

    2010-06-01

    Full Text Available Abstract Background Sharing knowledge and experience internationally can provide valuable information, and comparative research can make an important contribution to knowledge about health care and cost-effective use of resources. Descriptions of the organisation of health care in different countries can be found, but no studies have specifically compared the legal and formal organisational systems in Sweden and China. Aim To describe and compare health care in Sweden and China with regard to legislation, organisation, and finance. Methods Literature reviews were carried out in Sweden and China to identify literature published from 1985 to 2008 using the same keywords. References in recent studies were scrutinized, national legislation and regulations and government reports were searched, and textbooks were searched manually. Results The health care systems in Sweden and China show dissimilarities in legislation, organisation, and finance. In Sweden there is one national law concerning health care while in China the law includes the "Hygienic Common Law" and the "Fundamental Health Law" which is under development. There is a tendency towards market-orientated solutions in both countries. Sweden has a well-developed primary health care system while the primary health care system in China is still under development and relies predominantly on hospital-based care concentrated in cities. Conclusion Despite dissimilarities in health care systems, Sweden and China have similar basic assumptions, i.e. to combine managerial-organisational efficiency with the humanitarian-egalitarian goals of health care, and both strive to provide better care for all.

  16. Changes in Legal Aspects of Public Education about Drugs and Their Importance.

    Science.gov (United States)

    Miyamoto, Noriko

    2016-01-01

    Requirements for education on proper use of drugs were included in the junior high school educational guideline in 2012 incorporating pharmaceutical education in the obligatory school curriculum. This move is closely related to the country's new OTC drug marketing system. The amendment of the Pharmaceutical Affairs Law (PAL) in 2013 highlighted the public's own role in "promoting proper use of drugs and other related products and making greater efforts to acquire knowledge and improve understanding of their effective and safe use". Furthermore, the Law to Amend the PAL and Pharmacists Law enforced in 2014 allowed all OTC drugs to be sold online under appropriate rules. Deregulation of online sale of OTC drugs is expected further to promote self-medication for minor illnesses and require stricter measures to ensure people's safety through their proper use. These legal amendments in recent years have made people's education about proper use of drugs one of the top priorities Japan should pursue at state level. Since 2000, the author has been offering education on drugs to early primary school children as part of their healthcare education program. In the future, dedicated education on drugs will be necessary for people of all ages including not only school children but also their guardians and elderly citizens as well.

  17. Legal aspects of the association of overseas countries and territories with the European Union

    Directory of Open Access Journals (Sweden)

    Hruškovic Ivan

    2014-03-01

    Full Text Available This article is concerned with an issue in European law that is historically derived from the Treaty establishing the European Economic Community. The aim is to illuminate the functions and objectives of the European Union that correspond to the provisions of Part Four of the Treaty on the Functioning of the European Union - Association of the Overseas Countries and Territories. The basic provisions are laid down in the primary law of the European Union but there are also other documents and legislative acts that lay down more detailed provisions on the given issue and reveal a more complex perspective. The article focuses on the existing legislation regulating the association of overseas countries and territories with the Union. The author first draws attention to the key provisions of the Treaty establishing the EEC that define the purpose, objectives and fundamental principles applied between the Union and the overseas countries and territories. The main purpose of the article, however, is to analyse the current legal basis of association and to highlight the need for a new legislative framework of cooperation. New legislation should take into account not only the interests of the Union, but also the desire of the overseas countries and territories for a new quality of mutual cooperation. The author argues that the best way to improve the association mechanism based on the Lisbon Treaty is to modernise the Union’s existing secondary legislation in this area. In this regard the author analyses issues related to Council decision 2001/822/EC on the association of the overseas countries and territories with the European Community and the proposal for a Council decision (COM/2012/362 of 16 July, 2012.

  18. Tobacco industry interference with tobacco control policies in Poland: legal aspects and industry practices.

    Science.gov (United States)

    Balwicki, Łukasz; Stokłosa, Michał; Balwicka-Szczyrba, Małgorzata; Tomczak, Wioleta

    2016-09-01

    Since 2006, when Poland ratified the WHO Framework Convention on Tobacco Control (FCTC), there have been efforts to improve tobacco control regulation in the country. At the same time, at the European Union level, Poland took part in discussions over revision of the Tobacco Tax Directive and the Tobacco Products Directive. This study aims to explore the tobacco industry's tactics to interfere with the creation of those policies. Analysis of 257 documents obtained through freedom of information request. We identified three means that the tobacco industry used to interfere with tobacco control policies: creating a positive attitude, expressing a will to be a part of the policymaking process, and exerting pressure. We found that those tactics have often been used unethically, with the industry providing the government with ready legislation proposals, overstating its contribution to the economy and the government revenues, misrepresenting the illicit cigarette problem and misusing scientific evidence. The industry also used legal threats, including use of bilateral trade agreements, against implementation of tobacco control measures. The companies lobbied together directly and through third parties, with the cigarette excise tax structure being the only area of disagreement among the companies. The industry also pushed the Polish government to challenge tobacco control policies in countries with stronger public policy standards, including UK display bans and the Australian plain-packaging law. From an object of regulation, the tobacco industry in Poland became a partner with the government in legislative work. Implementation of provisions of Article 5.3 of the WHO FCTC could prevent further industry interference. 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/

  19. ETHICAL AND LEGAL ASPECTS OF FUNCTIONING OF ETHIC COMMITTEES IN BULGARIA

    Directory of Open Access Journals (Sweden)

    Mariela Deliverska

    2017-06-01

    Full Text Available Scientific research has to be based on ethical standards that promote the protection of human rights. On a national level, the domestic legislation of the Republic of Bulgaria foresees a procedure for obtaining an opinion from the Ethics Committee for Multicentre Trials in order to introduce a substantial change in a clinical trial and non-interventional study. The procedure aims to evaluate the compliance of the planned clinical trial with the norms of good clinical practice, the requirements of the Medicinal Products in Human Medicine Act. On European Union level, standards have been set down in Regulation (EC No. 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use. The licensing regime that has been introduced on a national level requires the performance of documentation evaluation that addresses a major change in a clinical trial and non-interventional research. Legal definitions of the terms "principal investigator" and "coordinating investigator" have been introduced. The "principal investigator" is the medical doctor or the dentist, designated by the sponsor, who leads the overall execution of the clinical trial in accordance with the approved protocol and good clinical practice guidelines and is responsible for the researchers. The "coordinating researcher" is a researcher appointed to coordinate researchers from different centres participating in a multicentre trial. Ethic committees performing review have to provide independent advice on the extent to which a biomedical research proposal complies with recognized ethical standards. Scientific research must necessarily conform to commonly accepted scientific principles and be based on thorough knowledge of scientific literature and other relevant sources of information.

  20. Legal aspects of sinkhole development and flooding in karst terranes: 1. Review and synthesis

    Science.gov (United States)

    Quinlan, James F.

    1986-03-01

    Structures built within the area of influence of a sinkhole can be affected by collapse, subsidence, or flooding. Unanticipated property losses may be involved, and litigation commonly ensues. Insurance compensation for damages that result from sinkhole collapse or subsidence in a karst terrane are covered by statute only in Florida and by voluntary agreement of companies operating in Tennessee Liability or insurance compensation for damages resulting from sinkhole flooding is not specifically covered by any state or federal statute. Regulations of the National Flood Insurance Program have been interpreted to allow coverage by this program for homes affected by sinkhole flooding in Bowling Green, Kentucky In the present article, case law, legal concepts of groundwater and surface water, liability, and law review articles relevant to sinkhole litigation are summarized The rationales of plaintiffs and defendants are reviewed Liability for damages have been based on allegations of negligence, breach of various water law doctrines, trespass, nuisance, loss of support, breach of contract, and implied warranty of habitability Defenses against these allegations have been based on the merits of each of them and on caveat emptor Several alternative rationales for claiming liability for losses incurred because of sinkhole development or flooding are proposed and discussed. The little-known Henderson v Wade Sand and Gravel is highly recommended as an alternative leading case that clearly and justifiably gives protection to adjacent landowners, and ties liability for damages caused by groundwater pumpage to nuisance law and related interference with property rights. Several little-known litigated cases of sinkhole development in response to groundwater pumpage will be summarized in a second article at a later date. Concepts of liability are evolving It can be expected that the professional geologist or engineer will have an increasing number of claims made against him or her

  1. Constitutional Fundamentals of Conscription and Some Aspects of the Ordinary Legal Regulation of Constitutionality

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    Kenstavičienė Kristina

    2015-12-01

    Full Text Available Article 139 of the Constitution of the Republic of Lithuania is one of the constitutional fundamentals of state defense and stipulates the defense of the state as the right of citizens on the one hand and the duty on the other. This article of the Constitution gives the legislative power the right of discretion to detail by law the order of the implementation of citizens’ duty to perform military or alternative country defense service. Due to the reorganization of the armed forces into a professional and volunteer army, the issue of some ordinary regulation rules concerning the constitutionality of nationwide conscription, though at present suspended but not abolished, is becoming urgent. Though the Constitutional Court of the Republic of Lithuania presented their ruling on the constitutionality of the suspension of military conscription, it does not mean that all problems related to conscription have been settled. The aim of this article is to analyze the constitutional basis of nationwide conscription as well as the constitutionality of some ordinary regulation provisions related to nationwide conscription. Therefore, the issue to be analyzed is whether nationwide conscription, if it were to be implemented, complies with the constitutional principles of human equality and military justice1. Consequently, the question is posed how the constitutional objective of ensuring the defense of the state determines conscription. Because of the growing employment of the army abroad, yet the dwindling demand for conscripts, it should be explored whether the suspension of the nationwide conscription as a part of the defense reform is further feasible in order to guarantee the defense of the state. In answering the raised questions, the author will analyze the abundant and long-lasting constitutional doctrine of Germany which provides clarifications of the Basic Law, as the legal act of the establishing power, which can doubtless be of assistance in

  2. Some reflections on the formal legal aspect of the creation of non-agricultural cooperatives in Cuba, based on analysis of the Pinar del Río case

    Directory of Open Access Journals (Sweden)

    Orisel Hernández Aguilar

    2015-11-01

    Full Text Available This article begins with an exam of some general elements of the legal regulation of the process of constitution of the non agricultural cooperatives. Subsequently, it centers its attention in three fundamental aspects of the same one: the authorizations to constitute, the notarial writings of constitutions and the inscription in the mercantile registration. These analyses, of the way in which it has been regulated legally and developed the process of constitution of the non agricultural cooperatives in Pinegrove of the River, are guided to determine the juridical – formal aspects that requires improvement.Received: 31.05.2015Accepted: 30.07.2015

  3. LEGAL ISSUES AND ASPECTS RELATED TO THE HUMAN RESOURCES MANAGEMENT REGARDING THE SELECTION OF CIVIL SERVANTS

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    MELINDA CENUŞE

    2012-12-01

    Full Text Available Public administration selects its servants exclusively on competence criteria (the so-called merit system. The selection of civil servants is performed by contest, organized within the limit of vacant public positions provided annually for this purpose, by the plan for occupation of public positions. As a general rule, the contest is organized on a quarterly basis. Any individual who meets the general conditions provided by law and the specific conditions established by law for occupying a certain public position may participate at the selection contest organized for the occupation of a public position. Among other aspects, in this study we underline an inconsistency regarding the recruitment defined in the field of Human Resources Management and its definition from The Statute of the Civil Servants.

  4. Roads Rehabilitation and Environment in Moldova: Some Legal and Normative Harmonization Aspects

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    Cocirta Petru

    2014-05-01

    Full Text Available This paper analyzes the environmental regulatory reforms of the Republic of Moldova to restore roads and problems over time. Goals and objectives are the analysis of the current situation on road rehabilitation and environmental assessments in this area, as well as issues that require in rehabilitation and maintenance of roads in the Republic of Moldova.Are described briefly: general aspects of road rehabilitation issues; legislation and environmental regulations in the road; differences between Moldova and procedures of the World Bank's environmental assessment in the construction and rehabilitation of roads; problem of national legislative and normative acts harmonization to international requirements.The paper discusses specific environmental to appear on completion of the rehabilitation of roads in the Republic of Moldova. In the final part of the paper presents the conclusions and some suggestions on how to facilitate the rehabilitation of roads in accordance with Agenda 21 of the country and European and international requirements.

  5. ASPECT spectral imaging satellite proposal to AIDA/AIM CubeSat payload

    Science.gov (United States)

    Kohout, Tomas; Näsilä, Antti; Tikka, Tuomas; Penttilä, Antti; Muinonen, Karri; Kestilä, Antti; Granvik, Mikael; Kallio, Esa

    2016-04-01

    ASPECT (Asteroid Spectral Imaging Mission) is a part of AIDA/AIM project and aims to study the composition of the Didymos binary asteroid and the effects of space weathering and shock metamorphism in order to gain understanding of the formation and evolution of the Solar System. The joint ESA/NASA AIDA (Asteroid Impact & Deflection Assessment) mission to binary asteroid Didymos consists of AIM (Asteroid Impact Mission, ESA) and DART (Double Asteroid Redirection Test, NASA). DART is targeted to impact Didymos secondary component (Didymoon) and serve as a kinetic impactor to demonstrate deflection of potentially hazardous asteroids. AIM will serve as an observational spacecraft to evaluate the effects of the impact and resulting changes in the Didymos dynamic parameters. The AIM mission will also carry two CubeSat miniaturized satellites, released in Didymoon proximity. This arrangement opens up a possibility for secondary scientific experiments. ASPECT is one of the proposed CubeSat payloads. Whereas Didymos is a space-weathered binary asteroid, the DART impactor is expected to produce a crater and excavate fresh material from the secondary component (Didymoon). Spectral comparison of the mature surface to the freshly exposed material will allow to directly deter-mine space weathering effects. It will be also possible to study spectral shock effects within the impact crater. ASPECT will also demonstrate for the first time the joint spacecraft - CubeSat operations in asteroid proximity and miniature spectral imager operation in deep-space environment. Science objectives: 1. Study of the surface composition of the Didymos system. 2. Photometric observations (and modeling) under varying phase angle and distance. 3. Study of space weathering effects on asteroids (comparison of mature / freshly exposed material). 4. Study of shock effects (spectral properties of crater interior). 5. Observations during the DART impact. Engineering objectives: 1. Demonstration of Cube

  6. The ergonomic and legal aspects of the heritage of the state of Pernambuco--Brazil.

    Science.gov (United States)

    de Jesus Pereira da Silva, Terezinha; Neto, Augusto Eugenio Paashaus

    2012-01-01

    This paper aims to demonstrate the situation of the buildings declared a historical landmark by the government spheres in the state of Pernambuco, and how they attend the norms of accessibility for those with special needs. The methodology of the research contemplated a sample of 46 heritage buildings, approximately 16% of the universe of properties, which are around 268. In turn, these were limited to Recife's Metropolitan Region Area - RMR comprising 30% of the 153 properties of the municipalities of: Cabo de Santo Agostinho, Igarassu, Itamaracá, Ipojuca, Jaboatão dos Guararapes, Moreno, Olinda, Paulista, Recife and São Lourenço da Mata. From the specific forms set up based on the theoretical reference, as well as graphics and photographic records were assessed the aspects of both internal and external accessibility, displacement, (visual) orientation, and the use of space and equipment. In the analysis of different types was assembled a summary table ranking the samples in accessible, partially accessible and not accessible. As general results were found that from the 46 properties examined, 2 (5%) are accessible, 16 (35%) are partially accessible and 28(60%) are not accessible. Such data, although sample, shows that the majority of heritage properties does not provide access to people physically disabled or with reduced mobility signaling for professionals, managers and society institutions on the need to reduce physical barriers in such heritage.

  7. Legal aspects relating to the captation and exploitation of groundwater in Spain; Aspectos legales a considerar en las obras de ejecuion, instalacion y puesta en servicio de las captaciones de agua subterranea en Espana

    Energy Technology Data Exchange (ETDEWEB)

    Garcia Ruiz, T.

    2007-07-01

    The legal aspects relating to the captation and exploitation of groundwater in Spain are very broad and are contained in a large number of provisions, which in many cases are presented in a piece-meal fashion, making it difficult its interpretation. In most cases, is the experience of professionals working in the area which is used to be knowing and synthesizing all the legal nuances, since often the own competent administrations have a biased approach of the law. This article presents a compendium of the main laws that affect the captation and exploitation of ground-water in Spain. (Author)

  8. Teaching students on the specialty “Technology of Perfume-Cosmetic Preparations” in Zaporizhzhya State Medical University the legal aspects of pharmacist-cosmetologists professional activities

    Directory of Open Access Journals (Sweden)

    I. M. Alekseeva

    2012-12-01

    Full Text Available The article refl ects the experience of teaching the legal aspects of professional activities of pharmacists-cosmetologists to the students of Pharmaceutical Faculty, specialty «Technology of perfumery and cosmetics» in Zaporozhye State Medical University.

  9. Emergency Victim Care. A Training Manual for Emergency Medical Technicians. Module 2. Equipment, Safe Driving Practices, Legal Aspects, Controlling the Situation, Action Evaluation Conference. Revised.

    Science.gov (United States)

    Ohio State Dept. of Education, Columbus. Div. of Vocational Education.

    This student manual, the second in a set of 14 modules, is designed to train emergency medical technicians (EMTs) in Ohio. The module contains five sections that cover the following course content: ambulance equipment, safe driving practices for emergency vehicle drivers, legal aspects of the EMT's job, how to maintain control at an accident scene…

  10. Participatory Water Management in Brazil: Legal, institutional and political aspects (1988 – 2008

    Directory of Open Access Journals (Sweden)

    Maria Gravina Ogata

    2014-07-01

    Full Text Available The article presents the results of a study that aims to understand and evaluate the performance of the water resources new public policy in Brazil, promulgated by the Federal Law Nº. 9,433, of 8 January 1997, in full observance by the Brazilian State Reform (1995. This policy brings significant innovations in water management, considered by the Federal Constitution of 1988 as a public good, under the control of the Union and the Federated States. The innovative aspect of this policy is the management system, provided by the National and State Water Resources Councils and Water Committees. Participatory management is based on the participation of representatives of Public Power, water users and civil society, who were listened in the interviews. This new policy has been built unevenly throughout the country and reflects the characteristics and peculiarities of each Brazilians region. Thus, the study examines regional experiences in the theoretical approach of concepts related to participatory management and multilevel water governance, with emphasis on the issue of Brazilian federalism. Civil society believes in this form of management of water resources and has high expectations that better results could be obtained with the strengthening of Brazilian democracy. The recovery of citizenship, the participation in the implementation of public policies, the quick deliberation on conflicts about the use of water have been the great gains that society has registered in favor of this new form of managing water resources. Este estudio analiza y evalúa la nueva política pública de recursos hídricos de Brasil, cuyo marco normativo es la Ley Federal nº 9.433, del 8 de enero de 1997, promulgada en pleno período de Reforma del Estado Brasileño (1995. Esta política trajo importantes innovaciones en la gestión del agua, considerada bien público bajo el control de la Unión y de los Estados Federados por la Constitución Federal de 1988. El aspecto

  11. Ethical, legal, and social aspects of farm animal cloning in the 6th Framework Programme for Research.

    Science.gov (United States)

    Claxton, John; Sachez, Elena; Matthiessen-Guyader, Line

    2004-01-01

    Cloned livestock have potential importance in the provision of improved medicine as well as in the development of livestock production. The public is, however, increasingly concerned about the social and ethical consequences of these advances in knowledge and techniques. There is unevenness throughout Europe in different Member States' attitudes to research into livestock cloning. Although there is EU legislation controlling the use of animals for research purposes, there is no legislation specifically governing cloning in livestock production. The main EU reference is the 9th Opinion of the European Group on Ethics, which states "Cloning of farm animals may prove to be of medical and agricultural as well as economic benefit. It is acceptable only when the aims and methods are ethically justified and when carried out under ethical conditions." The ethical justification includes the avoidance of suffering, the use of the 3Rs principle and a lack of better alternatives. The Commission addresses these issues in the 6th Framework Programme by promoting the integration of ethical, legal and social aspects in all proposals where they are relevant, by fostering ethical awareness and foresight in the proposals, by encouraging public dialogue, and by supporting specific actions to promote the debate. Research must respect fundamental ethical principles, including animal welfare requirements.

  12. Legal aspects of shut-down and decommissioning of nuclear power plants; Rechtsfragen der Stilllegung und des Rueckbaus von Kernkraftwerken

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2016-10-15

    The legally phase-out the peaceful use of nuclear energy in Germany has put into focus the topics decommissioning and dismantling of nuclear power plants. Technically and legally issues have to be managed, which are often closely connected. From a legal perspective it is important, that the initial situation of operation and operation phases of the nuclear power plant are settled. Some of the most relevant legal issues are more accurate presented and discussed. They are related to the period after shut-down and before granting the decommissioning license.

  13. [Compulsory outpatient treatment and mental health care: aspects of the legal discussion from the European and Israeli perspective].

    Science.gov (United States)

    Hegendörfer, Gerhard

    2007-04-01

    Recent German legal initiatives for ordering compulsory outpatient treatment in mental health care are discussed and contrasted with regulations from other European countries and Israel. The legal basis for such coercive measures is comparatively assessed by use of these documents. European countries seem somewhat hesitant to incorporate compulsory outpatient treatment into their civil legislation frameworks. Legal initiatives on this issue in Germany were rejected both on the level of the Federal civil law, and on the State-level of public administrative law. From the legal point of view reasons against compulsory outpatient treatment in mental health care are embedded in the constitutional law and in international human rights.

  14. LEGAL ASPECTS IN MANAGEMENT

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    Desislava Aleksieva

    2015-03-01

    Full Text Available Management interaction between the ruling and subsystem for its effective functioning is necessary to specify the basic parameters which will develop this process. Right from its social role regulate public needs and interests. Contract and negotiation are the foundation of public life The idea of the agreement between the ruling and has its place in management theory from the time of the unwritten agreement in the Social Contract of Jean Jacques Rousseau, to modern forms of negotiation. Reliance between the parties in government has a binding force. One of the tools to achieve the aim contract. Contractual features built proposed and accepted by the parties to guarantee good working results.

  15. Underreporting the legal aspects of drone strikes in international conflicts: A case study of how Aftenposten and The New York Times cover drone strike

    Directory of Open Access Journals (Sweden)

    Rune Ottosen

    2014-10-01

    Full Text Available The purpose of this paper is to investigate, through content analyses of articles in The New York Times and the Norwegian newspaper Aftenposten, how these papers have reported on the legal aspects of drone strikes in international conflicts. Drones have been deployed in US military operations at least since the October 2001 air strikes in Afghanistan. Using critical discourse analysis and framing theory, selected texts were examined in which the two newspapers reported on the topic of drone strikes. Drawing on a report of an April 2010 hearing in the US House of Representatives, this paper discusses the legality of deploying drones in international conflicts. The author concludes that in their reportage on US drone strikes the newspapers failed as watchdogs for the relevant legal issues.

  16. Legal Aspects of Crime Investigation in the Public Schools. ERIC/CEM State-of-the-Knowledge Series, Number Eleven.

    Science.gov (United States)

    Buss, William G.

    This monograph summarizes methods used to investigate and prevent crime in school, sketches possible legal claims that students might make as a result of these approaches to inschool crime prevention, and, in an extensive analysis of five court cases, gives particular attention to the legal issues related to searches of student lockers by school…

  17. Legal aspects of the maritime transport of radioactive materials: its regulation in Mexico; Aspectos legales del transporte maritimo de materiales radioactivos: su regulacion en Mexico

    Energy Technology Data Exchange (ETDEWEB)

    Aguilar M, S

    2001-07-01

    This work has the object to analyse the International as much as National legal frameworks, the scopes and limits of the instruments which form it as well as the congruous that exist between them and the situation which actually prevails in the maritime transport field of radioactive materials in worldwide level and in Mexico taking into account the technical advances, the operational experience and radiological protection principles. In the chapter 1, the background on the uses of nuclear energy are described and its development by more of fifty years. The chapter 2 analyses about the establishment of nuclear technologies in Mexico as well as their evolution in medicine, agriculture, research and electric power generation areas. In chapter 3 it was analysed the role what the International Organizations have been playing for the establish of an International legal framework in the maritime transport of radioactive materials field. In the chapter 4, the International legal framework was analysed which is applied to the transport of radioactive materials. Finally, the chapter 5 analyses and poses the requirements and necessities which lead Mexico to legislate broadly the transport of radioactive materials taking as basis International instruments from which the state is part also from some other agreements is analysed its adhesion to them. (Author)

  18. An overview of chemical straightening of human hair: technical aspects, potential risks to hair fibre and health and legal issues.

    Science.gov (United States)

    Miranda-Vilela, A L; Botelho, A J; Muehlmann, L A

    2014-02-01

    Personal image, as it relates to external beauty, has attracted much attention from the cosmetic industry, and capillary aesthetics is a leader in consumption in this area. There is a great diversity of products targeting both the treatment and beautification of hair. Among them, hair straighteners stand out with a high demand by costumers aiming at beauty, social acceptance and ease of daily hair maintenance. However, this kind of treatment affects the chemical structure of keratin and of the hair fibre, bringing up some safety concerns. Moreover, the development of hair is a dynamic and cyclic process, where the duration of growth cycles depends not only on where hair grows, but also on issues such as the individual's age, dietary habits and hormonal factors. Thus, although hair fibres are composed of dead epidermal cells, when they emerge from the scalp, there is a huge variation in natural wave and the response to hair cosmetics. Although it is possible to give the hair a cosmetically favourable appearance through the use of cosmetic products, for good results in any hair treatment, it is essential to understand the mechanisms of the process. Important information, such as the composition and structure of the hair fibres, and the composition of products and techniques available for hair straightening, must be taken into account so that the straightening process can be designed appropriately, avoiding undesirable side effects for hair fibre and for health. This review aims to address the morphology, chemical composition and molecular structure of hair fibres, as well as the products and techniques used for chemical hair relaxing, their potential risk to hair fibre and to health and the legal aspects of their use. © 2013 Society of Cosmetic Scientists and the Société Française de Cosmétologie.

  19. Legal aspects of electric power supply. Grid operator obligations between entrepreneurial responsibility and state control; Das Recht der Elektrizitaetsversorgungsnetze. Netzbetreiberpflichten zwischen unternehmerischer Eigenverantwortung und staatlicher Steuerung

    Energy Technology Data Exchange (ETDEWEB)

    Maetzig, Karoline

    2012-07-01

    The publication provides a systematic outline of the legal boundary conditions governing the operation of electric power supply grids. It goes beyond mere regulatory aspects, covering also the projecting and construction of grids, the acquisition or leasing of land for power transmission line construction, operating licenses and utility certification, the organisational structure and purpose of electric utilities, as well as the operating, servicing and enhancement of electricity grids including calculation of electricity rates. In addition to this systematic outline of legal aspects, it is investigated how the balance between entrepreneurial responsibility and state control was defined in the EnWG 2011, and it is discussed if the law provides sufficient room for entrepreneurial decisions.

  20. Aspectos médico legales de la infección por gonococo: gonorrea Medical legal aspects of the gonococcal infection: gonorrhea

    Directory of Open Access Journals (Sweden)

    Edgar Alonso Madrigal Ramírez

    2007-09-01

    Full Text Available El diagnóstico de una enfermedad de transmisión sexual en una víctima de abuso sexual debe ser adecuadamente interpretado a la luz de la historia médico legal, los hallazgos físicos, el laboratorio y la investigación sobre otras posibles formas de contagio. El objetivo de esta revisión bibliográfica, es actualizar los conocimientos sobre la Gonorrea, enfermedad que afecta principalmente la mucosa de los genitales masculinos y femeninos, la conjuntiva del ojo, la región anorectal y la faringe. En el niño menor de un año, la forma más frecuente de contagio es a través del canal de parto o por contacto accidental, sin embargo, la evidencia sugiere fuertemente que la gonorrea en niños mayores de un año y preadolescentes, al igual que en el adulto, es transmitida sexualmente. La transmisión vía fomites no ha sido comprobada, a pesar de que se ha aislado el microorganismo en objetos inanimados. Debido a las implicaciones legales del diagnóstico de gonorrea en niños, sólo se debe usar el procedimiento de cultivo estándar para aislar el germen.The diagnose of a sexual transmission disease in a sexually abused victim must be adequately interpreted under the knowledge of its medical?-legal history, physical findings, lab results and the research of different ways of contagious. The goal of this bibliographic revisit is to update the knowledge about Gonorrhea, disease that affects mainly male and female genital mucosa, the eyes conjuntive, annal rectal area and the faringe. Under one year-old children means of transmission are usually ? by birth process or accidental contact, but evidence strongly suggest that gonorrea on children older than one year, pre-adolescents and adults, is sexually transmitted. The transmission via fomites (via fomites transmission? has not been confirmed even though the micro-organism has been isolated in unanimated objects. Due to legal implications of gonorrhea diagnose on children, it should only be used

  1. Aspectos médico legales de la infección por gonococo: gonorrea Medical legal aspects of the gonococcal infection: gonorrhea

    OpenAIRE

    Edgar Alonso Madrigal Ramírez; Zarela Abarca Villalobos

    2007-01-01

    El diagnóstico de una enfermedad de transmisión sexual en una víctima de abuso sexual debe ser adecuadamente interpretado a la luz de la historia médico legal, los hallazgos físicos, el laboratorio y la investigación sobre otras posibles formas de contagio. El objetivo de esta revisión bibliográfica, es actualizar los conocimientos sobre la Gonorrea, enfermedad que afecta principalmente la mucosa de los genitales masculinos y femeninos, la conjuntiva del ojo, la región anorectal y la faringe....

  2. Legal aspects of Brazilian ethanol and non-tariff barriers to import; Aspectos juridicos relativos ao etanol brasileiro e as barreiras nao-tarifarias a sua importacao

    Energy Technology Data Exchange (ETDEWEB)

    Cavalcante, Hellen Priscilla Marinho

    2010-01-15

    This article presents the main socioeconomic and legal aspects that affect Brazilian ethanol, exposing the context in which the production appeared in the country. Then will discuss the main non-tariff protectionist measures that affect the market for biofuels, explaining about its merits. After exposure of the panorama of the application of protectionist measures on Brazilian ethanol will be presented to the role played by the World Trade Organization - WTO, and its understanding of the classification of ethanol in international trade.

  3. [The role and place of pathology services in ensuring and improving the quality of medical care: Organizational and legal aspects].

    Science.gov (United States)

    Timofeev, I V

    2015-01-01

    The paper considers the legal and organizational issues of the activity of pathology services in improving medical care. It shows the main (diagnostic and medico-organizational) areas of pathology work to improve the quality of medical care.

  4. Effects of Slope and Aspect Variations on Satellite Surface Temperature Retrievals and Mesoscale Analysis in Mountainous Terrain.

    Science.gov (United States)

    Lipton, Alan E.

    1992-03-01

    Surface temperature retrieval in mountainous areas is complicated by the high variability of temperatures that can occur within a single satellite field of view. Temperatures depend in part on slope orientation relative to the sun, which can vary radically over very short distances. The surface temperature detected by a satellite is biased toward the temperatures of the sub-field-of-view terrain elements that most directly face the satellite. Numerical simulations were conducted to estimate the effects of satellite viewing geometry on surface temperature retrievals for a section of central Colorado. Surface temperatures were computed using a mesoscale model with a parameterization of subgrid variations in slope and aspect angles.The simulations indicate that the slope-aspect effect can lead to local surface temperature variations up to 30°C for autumn conditions in the Colorado mountains. For realistic satellite viewing conditions, these variations can give rise to biases in retrieved surface temperatures of about 3°C. Relative biases between retrievals from two satellites with different viewing angles can be over 6°C, which could lead to confusion when merging datasets. The bias computations were limited by the resolution of the available terrain height data (90 m). The results suggest that the biases would be significantly larger if the data resolution was fine enough to represent every detail of the real Colorado terrain or if retrievals were made in mountain areas that have a larger proportion of steep slopes than the Colorado Rockies. The computed bias gradients across the Colorado domain were not large enough to significantly alter the forcing of the diurnal upslope-downslope circulations, according to simulations in which surface temperature retrievals with view-dependent biases were assimilated into time-continuous analyses. View-dependent retrieval biases may be relevant to climatological analysts that rely on remotely sensed data, given that bias

  5. Maternity protection for working women in Argentina: legal and administrative aspects in the first half of the twentieth century.

    Science.gov (United States)

    Biernat, Carolina; Ramacciotti, Karina

    2011-12-01

    This article discusses the construction of social policies aimed at working women as mothers in Argentina. Thus, we examine the legal corpus, the scope of legislation, and the criticisms of its implementation coming from civil society and from medical, legal and political circles. We focus on the debate about the creation of the Caja de Maternidad (1934) and the shifts in the discussions regarding welfare policy for working women during Perón's first term in office. The methodology is based on a qualitative analysis of parliamentary debates, proposals for legislative reform and reactions in the press.

  6. Implementation of Phonetic Orthography of the Ukrainian Language in Galicia and Bukovina in 1892: Political, Legal and National Aspects

    Directory of Open Access Journals (Sweden)

    Ulyana Uska

    2017-07-01

    Full Text Available The article presents an analysis of the Austrian politics regarding the problem of standardization of the Ukrainian language, based on the materials of Austrian State Archives in Vienna and the legal acts of central ministries. We have described the process of introduction of the phonetic spelling in all spheres of life in Galicia and Bukovina, and revealed its geopolitical and nation-oriented meaning. This process was objective and legal; it was based on the principles of the Austro-Slavism and the spirit of modernization.

  7. The Social, Political, Economic, and Legal Aspects of Affirmative Action Admission Litigation from 2002-2007 for Five Universities

    Science.gov (United States)

    De Mars, Douglas V.

    2010-01-01

    Litigation against colleges and universities has prompted the need to re-examine the legalities of the means by which they strive for a diverse student population. Court decisions have resulted in mixed signals about the use of various types of affirmative action policies. This study' method presented an analysis of archival data to provide a…

  8. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one han

  9. Do Insurers Have to Pay for Bad Behaviour in Settling Claims? Legal Aspects of Insurers' Wrongful Claims Handling

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2011-01-01

    textabstractAbstract: This article presents a comparative legal analysis of wrongful claims handling by insurance companies in indemnity and liability insurance. From the outset, it is clear that it may be difficult to draw the line between legitimate claims denial and refusal to pay, on the one han

  10. Gender equality in employment and occupation. European Implementation Assessment. ANNEX I, Legal aspects and direct and indirect discrimination

    NARCIS (Netherlands)

    Burri, S.D.

    2015-01-01

    This research paper on the implementation of Directive 2006/54/EC provides an independent legal analysis of the main provisions of this Directive, taking into account relevant case law of the Court of Justice of the EU. The aim of this paper is also to identify gaps in its implementation at the leve

  11. SOME ASPECTS OF SATELLITE IMAGERY INTEGRATION FROM EROS B AND LANDSAT 8

    Directory of Open Access Journals (Sweden)

    A. Fryskowska

    2016-06-01

    Full Text Available The Landsat 8 satellite which was launched in 2013 is a next generation of the Landsat remote sensing satellites series. It is equipped with two new sensors: the Operational Land Imager (OLI and the Thermal Infrared Sensor (TIRS. What distinguishes this satellite from the previous is four new bands (coastal aerosol, cirrus and two thermal infrared TIRS bands. Similar to its antecedent, Landsat 8 records electromagnetic radiation in a panchromatic band at a range of 0.5‐0.9 μm with a spatial resolution equal to 15 m. In the paper, multispectral imagery integration capabilities of Landsat 8 with data from the new high resolution panchromatic EROS B satellite are analyzed. The range of panchromatic band for EROS B is 0.4‐0.9 μm and spatial resolution is 0.7 m. Research relied on improving the spatial resolution of natural color band combinations (bands: 4,3,2 and of desired false color band composition of Landsat 8 satellite imagery. For this purpose, six algorithms have been tested: Brovey’s, Mulitplicative, PCA, IHS, Ehler's, HPF. On the basis of the visual assessment, it was concluded that the best results of multispectral and panchromatic image integration, regardless land cover, are obtained for the multiplicative method. These conclusions were confirmed by statistical analysis using correlation coefficient, ERGAS and R-RMSE indicators.

  12. Handover aspects for a Low Earth Orbit (LEO) CDMA Land Mobile Satellite (LMS) system

    Science.gov (United States)

    Carter, P.; Beach, M. A.

    1993-01-01

    This paper addresses the problem of handoff in a land mobile satellite (LMS) system between adjacent satellites in a low earth orbit (LEO) constellation. In particular, emphasis is placed on the application of soft handoff in a direct sequence code division multiple access (DS-CDMA) LMS system. Soft handoff is explained in terms of terrestrial macroscopic diversity, in which signals transmitted via several independent fading paths are combined to enhance the link quality. This concept is then reconsidered in the context of a LEO LMS system. A two-state Markov channel model is used to simulate the effects of shadowing on the communications path from the mobile to each satellite during handoff. The results of the channel simulation form a platform for discussion regarding soft handoff, highlighting the potential merits of the scheme when applied in a LEO LMS environment.

  13. Aspects of Implementation of European Law in the Legal System of the Republic of Moldova within the European Integration Process

    Directory of Open Access Journals (Sweden)

    Ilie Mamaliga

    2011-09-01

    Full Text Available The author researches in this paper the political, economic and legal trends, concerning the integration of Moldova into the European Union. The greet The researcher pays attention to the principles of freedom and pluralistic democracy, supremacy of national European law over the law, in the non-discrimination and equality before the law, reflected in the European and national acts, as well as the principles of the market economy.

  14. Síndrome del niño maltratado: aspectos médico-legales Battered child syndrome: forensic aspects

    Directory of Open Access Journals (Sweden)

    E. Lachica

    2010-06-01

    Full Text Available El maltrato infantil constituye un problema de profundas repercusiones psicológicas, sociales, éticas, jurídicas y médicas. En el presente trabajo se realiza una revisión histórica, conceptual y médica del problema.Child abuse is a problem with serious psychological, social, ethic, legal and medical repercussions. In this paper an historical, conceptual and medical review of the problem is performed.

  15. Síndrome del niño maltratado: aspectos médico-legales Battered child syndrome: forensic aspects

    OpenAIRE

    E. Lachica

    2010-01-01

    El maltrato infantil constituye un problema de profundas repercusiones psicológicas, sociales, éticas, jurídicas y médicas. En el presente trabajo se realiza una revisión histórica, conceptual y médica del problema.Child abuse is a problem with serious psychological, social, ethic, legal and medical repercussions. In this paper an historical, conceptual and medical review of the problem is performed.

  16. LEGAL ASPECTS OF THE TRANSPOSITION OF DIRECTIVE 2001/23/EC REGARDING THE SAFEGUARDING OF EMPLOYEES' RIGHTS IN THE EVENT OF TRANSFERS IN THE ROMANIAN LAW

    Directory of Open Access Journals (Sweden)

    Felicia BEJAN

    2013-06-01

    Full Text Available The transfer of undertakings, businesses or parts of undertakings or businesses by legal transfer or merger determine important changes in the structure of the participant entities. The change of their juridical organisation has significant consequences on the employees' rights, reason why, both nationally and internationally, normative acts that would regulate appropriate safeguarding mechanisms have been adopted. The paper aims to analyse the transposition into national law of the communitarian norms in the field. As a result, the legal aspects with regards to which the legislator chose a restrictive transposition, as well as the additional rights established by them in favour of the employees, in comparison to the directive are identified. At the same time, the study emphasizes the aspects with regards to which the Romanian law requires to be changed and therefore makes some proposals de lege ferenda, so that the transposition of the communitarian normative act into national law would be a precise one and consistent to the other dispositions regarding national law.

  17. Economic and market aspects of land mobile satellite compared to terrestrial cellular radio

    Science.gov (United States)

    1986-09-01

    Cellular radio and INMARSAT Standard-C technologies for thin route mobile communications in the immediate future are compared. It is suggested that while the cellular radio systems are in operation or are planned for introduction in the immediate future in most Western European nations, coverage gaps are likely to persist due to economic, technical, and institutional reasons. A satellite system, with its inherent qualities, can fill the gap by providing a thin-route coverage in Europe, Middle East, and Africa. However, when subscriber densities increase to the point that cellular radio service becomes feasible in previously uneconomical regions, satellite service becomes less attractive, and may be eventually displaced. Where only alphanumeric two-way messaging is required, INMARSAT Standard-C can provide thin route data messaging service to users with wide-area, long-distance, or transborder communications requirements.

  18. General practitioners' preferences with regard to colorectal cancer screening organisation Colon cancer screening medico-legal aspects.

    Science.gov (United States)

    Papin-Lefebvre, Frédérique; Guillaume, Elodie; Moutel, Grégoire; Launoy, Guy; Berchi, Célia

    2017-09-06

    French health authorities put general practitioners at the heart of the colorectal cancer screening. This position raises organisational issues and poses medico-legal problems for the professionals and institutions involved in these campaigns, related to the key concepts of medical decisions and suitability of standards. The objective of our study is to reveal the preferences of general practitioners related to colorectal cancer screening organisation with regard to the medico-legal risk METHODS: A discrete choice questionnaire presenting hypothetical screening scenarios was mailed to 2114 physicians from 20 French different areas. The preferences of 358 general practitioners were analysed using logistic regression models. The factors that have significant impact on the preferences of general practitioners are the capacity of the primary care professional in the procedure, the manner in which pre-screening information is given to patients, the manner in which screening results are given to patients, the number of reminders sent to patients who test positive and who do not undergo a colonoscopy and the remuneration of the attending physician. Our results reveals that current colorectal cancer screening organisation is not adapted to general practitioners preferences. This work offers the public authorities avenues for reflection on possible developments in order to optimize the involvement of general practitioners in the promotion of cancer screening programme. Copyright © 2017 Elsevier B.V. All rights reserved.

  19. The Secret to Legal Foretelling: Generic and Inter-Generic Aspects of Vagueness in Contracts, Patents and Regulations

    Directory of Open Access Journals (Sweden)

    Ismael Arinas Pellón

    2011-06-01

    Full Text Available In this genre analysis research paper, we compare U.S. patents, contracts, and regulations on technical matters with a focus upon the relation between vagueness and communicative purposes and subpurposes of these three genres. Our main interest is the investigation of intergeneric conventions across the three genres, based on the software analysis of three corpora (one for each genre, 1 million words per corpus. The result of the investigation is that intergeneric conventions are found at the level of types of expressed linguistic vagueness, but that intergeneric conventions at the level of actual formulations are rare. The conclusion is that at this latter level the influence from the situation type underlying the individual genre is more important than the overarching legal character of the genres, when we talk about introducing explicit vagueness in the text.El propósito de este artículo es comparar mediante herramientas de lingüística de corpus el uso de la vaguedad en contratos, legislación y patentes de los EE.UU. La comparación se centra en valorar hasta qué punto estos tres géneros comparten las mismas estrategias de vaguedad lingüística para lograr sus objetivos y sub-objetivos comunicativos. Los tres corpus compilados para este estudio comparten una combinación, tanto de lenguaje legal, como tecnológico y cada uno de ellos consta de algo más de un millón de tokens. El resultado de nuestra investigación apunta a que estos tres géneros comparten convenciones en el uso deliberado de tipos de vaguedad lingüística, pero la fraseología concreta de la vaguedad aplicada no es normalmente la misma. La conclusión es que, en este último nivel fraseológico, la situación subyacente en cada género es más importante que el común carácter legal de los géneros cuando se trata de introducir la vaguedad de forma explícita en el texto.

  20. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Directory of Open Access Journals (Sweden)

    Puybasset Louis

    2011-02-01

    Full Text Available Abstract To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  1. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective

    Science.gov (United States)

    2011-01-01

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made. PMID:21303504

  2. The ethical and legal aspects of palliative sedation in severely brain-injured patients: a French perspective.

    Science.gov (United States)

    Baumann, Antoine; Claudot, Frédérique; Audibert, Gérard; Mertes, Paul-Michel; Puybasset, Louis

    2011-02-08

    To fulfill their crucial duty of relieving suffering in their patients, physicians may have to administer palliative sedation when they implement treatment-limitation decisions such as the withdrawal of life-supporting interventions in patients with poor prognosis chronic severe brain injury. The issue of palliative sedation deserves particular attention in adults with serious brain injuries and in neonates with severe and irreversible brain lesions, who are unable to express pain or to state their wishes. In France, treatment limitation decisions for these patients are left to the physicians. Treatment-limitation decisions are made collegially, based on the presence of irreversible brain lesions responsible for chronic severe disorders of consciousness. Before these decisions are implemented, they are communicated to the relatives. Because the presence and severity of pain cannot be assessed in these patients, palliative analgesia and/or sedation should be administered. However, palliative sedation is a complex strategy that requires safeguards to prevent a drift toward hastening death or performing covert euthanasia. In addition to the law on patients' rights at the end of life passed in France on April 22, 2005, a recent revision of Article 37 of the French code of medical ethics both acknowledges that treatment-limitation decisions and palliative sedation may be required in patients with severe brain injuries and provides legal and ethical safeguards against a shift towards euthanasia. This legislation may hold value as a model for other countries where euthanasia is illegal and for countries such as Belgium and Netherlands where euthanasia is legal but not allowed in patients incapable of asking for euthanasia but in whom a treatment limitation decision has been made.

  3. Earth Radiation Imbalance from a Constellation of 66 Iridium Satellites: Climate Science Aspects

    Science.gov (United States)

    Wiscombe, W.; Chiu, CJ. Y.

    2012-01-01

    The "global warming hiatus" since the 1998 El Nino, highlighted by Meehl et al., and the resulting "missing energy" problem highlighted by Trenberth et al., has opened the door to a more fundamental view of climate change than mere surface air temperature. That new view is based on two variables which are strongly correlated: the rate of change of ocean heat content d(OHC)/dt; and Earth Radiation Imbalance (ERI) at the top of the atmosphere, whose guesstimated range is 0.4 to 0.9 Watts per square meters (this imbalance being mainly due to increasing CO2). The Argo float array is making better and better measurements of OHC. But existing satellite systems cannot measure ERI to even one significant digit. So, climate model predictions of ERI are used in place of real measurements of it, and the satellite data are tuned to the climate model predictions. Some oceanographers say "just depend on Argo for understanding the global warming hiatus and the missing energy", but we don't think this is a good idea because d(OHC)/dt and ERI have different time scales and are never perfectly correlated. We think the ERB community needs to step up to measuring ERI correctly, just as oceanographers have deployed Argo to measure OHC correctly. This talk will overview a proposed constellation of 66 Earth radiation budget instruments, hosted on Iridium satellites, that will actually be able to measure ERI to at least one significant digit, thus enabling a crucial test of climate models. This constellation will also be able to provide ERI at two-hourly time scales and 500-km spatial scales without extrapolations from uncalibrated narrowband geostationary instruments, using the highly successful methods of GRACE to obtain spatial resolution. This high time resolution would make ERI a synoptic variable like temperature, and allow studies of ERI's response to fast-evolving phenomena like dust storms and hurricanes and even brief excursions of Total Solar Irradiance. Time permitting, we

  4. Is The Late Mandibular Fracture From Third Molar Extraction a Risk Towards Malpractice? Case Report with the Analysis of Ethical and Legal Aspects

    Directory of Open Access Journals (Sweden)

    Weuler dos Santos Silva

    2017-06-01

    Full Text Available Objectives: The present study reports a case of late mandibular fracture due to third molar extraction and highlights the inherent clinical, ethical and legal aspects related to this surgical complication. Material and Methods: A female patient underwent surgical procedure for the extraction of the mandibular right third molar. Two days after the surgery the patient reported pain and altered occlusion in the right side of the mandible. After clinical and radiographic re-examination, the diagnosis of late mandibular fracture was established. A second surgery, under general anaesthesia, was performed for the fixation of the mandibular bone. Results: The fractured parts were reduced and fixed with locking plate systems and 2 mm screws following load-sharing principles. The masticatory function showed optimal performance within 7 and 21 days after the surgery. Complete bone healing was observed within 1 year of follow-up. Conclusions: For satisfactory surgical outcomes, adequate surgical planning and techniques must be performed. Signed informed consents explaining the risks and benefits of the treatment must be used to avoid ethical and legal disputes in dentistry.

  5. Scientific analysis and historical aspects as tools in the legal investigation of paintings: a case study in Brazil.

    Science.gov (United States)

    Schossler, Patricia; de Figueiredo Júnior, João Cura D'Ars; Fortes, Isabel; Cruz Souza, Luiz Antônio

    2014-12-01

    The faker makes use of several strategies to give credibility to his work, as for example by copying artist's style or by using artificial aging techniques. The characterization of artistic materials, such as pigments, binding media and supports through chemical and/or physico-chemical analysis, coupled with art historical information is essential to establish the non-authenticity of works of art. This paper presents a contribution in a legal case regarding paintings attributed to important Brazilian and European artists such as Candido Portinari, Juan Gris, Camille Pissarro, and Umberto Boccioni, among others. In the investigation, modern synthetic painting materials were identified in all the ground layers of the suspected paintings. The use of diverse instrumental analytical techniques such as Fourier transform infrared spectroscopy, polarized light microscopy and pyrolysis-gas chromatography/mass spectrometry enabled this characterization. The results demonstrated the presence of titanium dioxide, calcium carbonate and kaolin as inorganic components of the paints, and polyvinyl acetate copolymerized with vinyl versatates or diisobutylphtalate as binding media in the ground layers of the paintings. The results obtained, along with art historical information and art technological studies, were very important in the judicial process, due to the possibility to use titanium dioxide and polyvinyl acetate copolymerized with vinyl versatates as chronological markers.

  6. Medico legal aspects of self-injection of metallic mercury in cases of suicide or self-harming.

    Science.gov (United States)

    Da Broi, Ugo; Moreschi, Carlo; Colatutto, Antonio; Marcon, Barbara; Zago, Silvia

    2017-08-01

    Metallic mercury may be self-injected for suicidal or self-harm purposes or sometimes for superstitious or other inadvisable reasons. Local tissue or systemic consequences such as mercurialism can frequently occur in cases of subcutaneous or deep injection, while death due to pulmonary embolism and cardiac, brain, hepatic or renal toxicity may occur in cases of high dosage intravenous administration. The aim of this review is to focus on the diagnostic difficulties facing coroners and forensic pathologists when the courts require confirmation that evidence of self-injection of metallic mercury is the result of suicide or self-harming. Forensic examination performed on the corpses of victims who died in or out of hospital or on surviving injured or intoxicated victims showing signs of mercurialism, demands the careful evaluation of the death scene, of all related circumstances and of the clinical and autopsy data. Close interaction between forensic pathologists and toxicologists is also needed to identify and quantify mercury levels in blood, urine and tissue. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  7. The legal aspects of the termination of unwanted pregnancies and the risks faced by the medical doctor: a UK perspective.

    Science.gov (United States)

    Gibson, C

    2003-03-01

    Historical perspective of terminations of unwanted pregnancies in the UK. Moral and ethical considerations imposed by established church's teachings becoming increasingly in conflict with the wishes and expectations of a more secular society. Recognition that illegal abortion was, as a matter of fact available, at great risk to vulnerable girls and women. Eventually public demand and a radical and reforming government led to the current Statutory Framework. Statutory provisions: Offences against the Person Act 1861, Sections 58 and 59; Infant Life Preservation Act 1929 Section 1. Recognition of the limited flexibility allowed by the law in the original restrictive statutory framework. The direction to the jury in July 1938 by Macnaghten J in the case of R. v. Bourne [1939] 1 KB 687, where an eminent obstetrician was acquitted after carrying out an abortion on a young rape victim. Then the modern statutory provisions: Abortion Act 1967, amended by the Human Fertilisation and Embryology Act 1990. The statutory framework provides for healthcare professionals not to have to take part in terminations if they have a conscientious objection to doing so. While there are still fierce challenges from moral pressure groups when any changes in the detail of the law are proposed--such as reducing the maximum gestation period for a lawful termination--as a whole society seems to have accepted the current law. Issues affecting doctors who consider and provide terminations; current medico-legal problems relating to wanted pregnancies that have been lost by reason of clinical negligence, and unwanted children that have been born by reason of clinical negligence.

  8. The intellectual property of content published in virtual campuses: what legal and technological aspects should be considered?

    Directory of Open Access Journals (Sweden)

    Carina Soledad González-González

    2017-01-01

    Full Text Available Actualmente, todas las universidades tienen plataformas de teleformación (LMS para apoyar su docencia presencial o brindar titulaciones a distancia o semipresenciales. Estas plataformas se conocen como Campus Virtuales . Los Campus Virtuales de las instituciones educativas se han ido convirtiendo paulatinamente en repositorios institucionales de contenido educativo. El contenido que alojan dichos campus virtuales es principalme nte material de apoyo docente producido por el propio profesorado universitario para el alumnado de la misma institución, y el acceso está restringido a la comunidad universitaria. Asimismo, las universidades están legalmente obligadas a tener repositorios de contenidos digitales en abierto y a difundir en abierto su producción académica financiada con fondos públicos. Sin embargo, las entidades de derechos de autor reclaman a las universidades el pago de dichos derechos, alegando que existe infracción en l a publicación de contenidos digitales para uso docente en los campus virtuales . Al existir millones de recursos educativos publicados por el profesorado y por el alumnado en las aulas virtuales , actualizándose permanentemente, se hace materialmente imposib le su revisión y control por parte de los servicios universitarios responsables, y por ello, las entidades de gestión piden el pago de una “cuota”, no de los materiales publicados que están realmente protegidos con copyright . Por ello, en este trabajo pres entamos un análisis del marco legal de los derechos de autor y la propiedad intelectual de los contenidos digitales de las universidades, especialmente para el contexto español, así como distintas soluciones tecnológicas que permiten promover el acceso abi erto a los contenidos. En particular, se presenta el caso de la Universidad de La Laguna, y las acciones que se han llevado a cabo en este sentido, incluyendo un desarrollo tecnológico para Moodle que permite identificar el contenido

  9. Technical seminar on photovoltaic systems. Day 1: Technical fundamentals - quality - performance. Day 2: Legal aspects - financing - taxation - warranties - insurance. Proceedings; Fachseminar Photovoltaik-Anlagen. 1. Tag: Technische Grundlagen - Qualitaet - Ertraege / 2.Tag: Recht - Finanzierung - Steuern - Garantie - Versicherung. Seminarband

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2005-07-01

    The proceedings volume contains the manuscripts of this two-day seminar, during which two different aspects of PV systems were gone into. The first day covered technical fundamentals, quality and performance aspects: (1) Site selection; (2) Plant construction and power supply to the public grid; (3) Technical rules and regulations; (4) Quality assurance; (5) Energy yield. The second day was dedicated to legal and financial aspects, taxation, warranties and insurance: (a) Economically efficient operation of PV systems, reimbursement contracts; (b) Financing and taxation; (c) Insurance problems; (d) Warranty aspects. The manuscripts of the first day are in the form of reproduced overhead slides and four other fulltext contributions. (orig.)

  10. 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

  11. Statistical Aspects of North Atlantic Basin Tropical Cyclones During the Weather Satellite Era, 1960-2013: Part 1

    Science.gov (United States)

    Wilson, Robert M.

    2014-01-01

    A tropical cyclone is described as a warm-core, nonfrontal, synoptic-scale system that originates over tropical or subtropical waters, having organized deep convection and closed surface wind circulation (counterclockwise in the Northern Hemisphere) about a well defined center. When its sustained wind speed equals 34-63 kt, it is called a tropical (or subtropical) storm and is given a name (i.e., alternating male and female names, beginning in 1979); when its sustained wind speed equals 64-95 kt, it is called a hurricane (at least in the Eastern Pacific and North Atlantic basin); and when its sustained wind speed equals 96 kt or higher, it is called an intense or major hurricane (i.e., categories 3-5 on the Saffir-Simpson Hurricane Wind Scale). Although tropical cyclones have been reported and described since the voyages of Columbus, a detailed record of their occurrences extends only from 1851 to the present, with the most reliable portion extending only from about 1945 to the present, owing to the use of near-continuous routine reconnaissance aircraft monitoring flights and the use of satellite imagery (beginning in 1960; see Davis). Even so, the record may still be incomplete, possibly missing at least one tropical cyclone per yearly hurricane season, especially prior to the use of continuous satellite monitoring. In fact, often an unnamed tropical cyclone is included in the year-end listing of events at the conclusion of the season, following post-season analysis (e.g., as happened in 2011 and 2013, each having one unnamed event). In this two-part Technical Publication (TP), statistical aspects of the North Atlantic basin tropical cyclones are examined for the interval 1960-2013, the weather satellite era. Part 1 examines some 25 parameters of tropical cyclones (e.g., frequencies, peak wind speed (PWS), accumulated cyclone energy (ACE), etc.), while part 2 examines the relationship of these parameters against specific climate-related factors. These studies are

  12. Some Methodological Aspects Concerning the Use of Satellite Images and Maps in the Physico-Geographical Regional Determination of the Romania Territory

    Directory of Open Access Journals (Sweden)

    VASILE LOGHIN

    2005-01-01

    Full Text Available This paper presents some methodological aspects concerning the use of satellite images and maps in the physico-geographical region determination of Romania's territory, as well as some results that can be obtained using this method. In order to determine the physico-geographical units and sub-units using satellite maps (Bucharest page, 1:1.500.000 and satellite images (Landsat, IRS we have analyzed, from the geographical point of view, some samples of such documents. The resulting maps were compared with the already existing physico-geographical region determination maps. Our results show that the method under consideration has both advantages and disadvantages. One conclusion is sure: satellite images and maps can be used for this purpose together with traditional maps.

  13. Locational diversity of alpha satellite DNA and intergeneric hybridization aspects in the Nomascus and Hylobates genera of small apes.

    Directory of Open Access Journals (Sweden)

    Sudarath Baicharoen

    Full Text Available Recently, we discovered that alpha satellite DNA has unique and genus-specific localizations on the chromosomes of small apes. This study describes the details of alpha satellite localization in the genera Nomascus and Hylobates and explores their usefulness in distinguishing parental genome sets in hybrids between these genera. Fluorescence in situ hybridization was used to establish diagnostic criteria of alpha satellite DNA markers in discriminating small ape genomes. In particular we established the genus specificity of alpha satellite distribution in three species of light-cheeked gibbons (Nomascus leucogenys, N. siki, and N. gabriellae in comparison to that of Hylobates lar. Then we determined the localization of alpha satellite DNA in a hybrid individual which resulted from a cross between these two genera. In Nomascus the alpha satellite DNA blocks were located at the centromere, telomere, and four interstitial regions. In Hylobates detectable amounts of alpha satellite DNA were seen only at centromeric regions. The differences in alpha satellite DNA locations between Nomascus and Hylobates allowed us to easily distinguish the parental chromosomal sets in the genome of intergeneric hybrid individuals found in Thai and Japanese zoos. Our study illustrates how molecular cytogenetic markers can serve as diagnostic tools to identify the origin of individuals. These molecular tools can aid zoos, captive breeding programs and conservation efforts in managing small apes species. Discovering more information on alpha satellite distribution is also an opportunity to examine phylogenetic and evolutionary questions that are still controversial in small apes.

  14. Locational diversity of alpha satellite DNA and intergeneric hybridization aspects in the Nomascus and Hylobates genera of small apes.

    Science.gov (United States)

    Baicharoen, Sudarath; Miyabe-Nishiwaki, Takako; Arsaithamkul, Visit; Hirai, Yuriko; Duangsa-ard, Kwanruen; Siriaroonrat, Boripat; Domae, Hiroshi; Srikulnath, Kornsorn; Koga, Akihiko; Hirai, Hirohisa

    2014-01-01

    Recently, we discovered that alpha satellite DNA has unique and genus-specific localizations on the chromosomes of small apes. This study describes the details of alpha satellite localization in the genera Nomascus and Hylobates and explores their usefulness in distinguishing parental genome sets in hybrids between these genera. Fluorescence in situ hybridization was used to establish diagnostic criteria of alpha satellite DNA markers in discriminating small ape genomes. In particular we established the genus specificity of alpha satellite distribution in three species of light-cheeked gibbons (Nomascus leucogenys, N. siki, and N. gabriellae) in comparison to that of Hylobates lar. Then we determined the localization of alpha satellite DNA in a hybrid individual which resulted from a cross between these two genera. In Nomascus the alpha satellite DNA blocks were located at the centromere, telomere, and four interstitial regions. In Hylobates detectable amounts of alpha satellite DNA were seen only at centromeric regions. The differences in alpha satellite DNA locations between Nomascus and Hylobates allowed us to easily distinguish the parental chromosomal sets in the genome of intergeneric hybrid individuals found in Thai and Japanese zoos. Our study illustrates how molecular cytogenetic markers can serve as diagnostic tools to identify the origin of individuals. These molecular tools can aid zoos, captive breeding programs and conservation efforts in managing small apes species. Discovering more information on alpha satellite distribution is also an opportunity to examine phylogenetic and evolutionary questions that are still controversial in small apes.

  15. Statistical Aspects of North Atlantic Basin Tropical Cyclones During the Weather Satellite Era, 1960-2013. Part 2

    Science.gov (United States)

    Wilson, Robert M.

    2014-01-01

    This Technical Publication (TP) is part 2 of a two-part study of the North Atlantic basin tropical cyclones that occurred during the weather satellite era, 1960-2013. In particular, this TP examines the inferred statistical relationships between 25 tropical cyclone parameters and 9 specific climate-related factors, including the (1) Oceanic Niño Index (ONI), (2) Southern Oscillation Index (SOI), (3) Atlantic Multidecadal Oscillation (AMO) index, (4) Quasi-Biennial Oscillation (QBO) index, (5) North Atlantic Oscillation (NAO) index of the Climate Prediction Center (CPC), (6) NAO index of the Climate Research Unit (CRU), (7) Armagh surface air temperature (ASAT), (8) Global Land-Ocean Temperature Index (GLOTI), and (9) Mauna Loa carbon dioxide (CO2) (MLCO2) index. Part 1 of this two-part study examined the statistical aspects of the 25 tropical cyclone parameters (e.g., frequencies, peak wind speed (PWS), accumulated cyclone energy (ACE), etc.) and provided the results of statistical testing (i.e., runs-testing, the t-statistic for independent samples, and Poisson distributions). Also, the study gave predictions for the frequencies of the number of tropical cyclones (NTC), number of hurricanes (NH), number of major hurricanes (NMH), and number of United States land-falling hurricanes (NUSLFH) expected for the 2014 season, based on the statistics of the overall interval 1960-2013, the subinterval 1995-2013, and whether the year 2014 would be either an El Niño year (ENY) or a non-El Niño year (NENY).

  16. Aspectos legales del Polo Turístico Golfo de Papagayo, Guanacaste, Costa Rica: régimen especial Legal aspects of the Golfo de Papagayo Tourist Project, Guanacaste, Costa Rica: special regime

    Directory of Open Access Journals (Sweden)

    María Virginia Cajiao

    2012-04-01

    Full Text Available El Golfo de Papagayo, Guanacaste, Costa Rica, es la región de mayor desarrollo turístico en el país. El Proyecto Turístico Golfo de Papagayo (PYGP es producto de un estudio que contrata el Banco Centroamericano de Integración Económica (BCIE para analizar el potencial turístico de Centroamérica. Dicho proyecto comienza a gestionarse en 1982 y se exceptúa de la administración Municipal siendo competencia del instituto Costarricense de Turismo (ICT. El PYGP pretende un desarrollo planificado mediante un Plan Maestro que es administrado y supervisado por el Estado. El proyecto fue declarado de utilidad pública y de conveniencia nacional, lo cual le da más peso y mejores posibilidades de desarrollarse. Con su plan maestro establecido desde 1995 que determina los lineamientos generales y su legislación específica este proyecto se ha llevado a cabo a lo largo de estos años como una oportunidad para Guanacaste y para Costa Rica.Legal aspects of the Golfo de Papagayo Tourist Project, Guanacaste, Costa Rica: special regime. The Gulf of Papagayo, Guanacaste, Costa Rica,area is the main center of tourist development in Costa Rica. The Gulf of Papagayo Project (GPP is the product of a study contracted by the Central American Bank for Economic Integration (CABEI to determine the tourist potential of Central America. This project started in 1982, and was excempted from the Municipal administration and handed over to the Costa Rica Tourist Board (ICT by its Spanish name. The GPP intends a planned development by means of a Master Plan that is adminitered and supervised by the central government. it is a proyect declared of public utility and national convinience which givges it more support. With its master plan since 1995 that defines the general guidelines and its special legislation, this project has been carried out over the years as an oportunity for Guanacaste and Costa Rica.

  17. Trabalho infanto-juvenil: motivações, aspectos legais e repercussão social Child and adolescent labor: factors, legal aspects, and social repercussions

    Directory of Open Access Journals (Sweden)

    Otávio Cruz Neto

    1998-04-01

    analyze situations in which work activities may or may not be allowed for children and adolescents, settling possible points of disagreement between the three legal texts and analyzing their social aspects.

  18. ETHICAL AND LEGAL ASPECTS OF INFECTIONS DISEASES AND VACCINATION Part 4. The balance between universal ethical and ecoethics principles on zooanthroponosis

    Directory of Open Access Journals (Sweden)

    O. I. Kubar

    2015-01-01

    Full Text Available The current paper continued the presentation of the data on ethical, legal and social aspects of the problems connected with the study for prevention infections diseases, additionally including the wide list of infections diseases and increasing the specter of ethical problems in the science in comparision with previous publications in this aria. The investigation of the balance universal ethical principles and ecoethics in the field of zooanthroponosis has been done first time in this paper. Data of the paper are based on the scientific and professional experience of the authors both in infections diseases and bioethics and give the analysis of main international UNESCO documents on bioethics and ecoethics. The principal element that has been used by authors for analysis was the view on epidemiology of zooanthroponosis as ecological process for integration between ethiological agents of infections diseases on the real population of different animals including human beings. Such approach became the base for including the biological, social, economical, topographic and environmental factors for investigation the principals of control and prevention in the aria of zooanthroponosis. In the paper has been presented the set of both environmental principles: common and practical. Theoretical picture of the application the philosophical standards of environmental ethics has been done in real conditions of ethiology, patogenics, epidemiology, clinic, treatment and prevention such kinds of zooanthroponosis as: eastern equine encephalitis, tick borne encephalitis, leptospirosis, Q-fever, tularemia, hemolytic uremic syndrome, listeriosis, West Nile fever, pseudo-tuberculosis and others. In the frame of the understanding ideology and principless of environmental ethics such as “respect for all life forms, human and non-human” and “respect for biodiversity” in the practical situation of zooanthroponosis the priority of prevention human being and

  19. Financial Exigency and Dismissal of Higher Education Faculty: Be Prepared. An Investigation Carried Out as Part of a Study of the Legal Aspects of Higher Education.

    Science.gov (United States)

    Green, Rod E.

    The way that college faculty and institutions are affected by financial exigency is examined through a study of case law. Selected cases demonstrate the legal principles involved when faculty are dismissed and seek relief in the courts. Cases concerning private colleges relate to tenured faculty, because nontenured faculty in private have legal…

  20. LEGAL CONSCIOUSNESS AND LEGAL CULTURE

    OpenAIRE

    BOSHNO SVETLANA

    2016-01-01

    This chapter of the course manual in jurisprudence discloses the notion of legal consciousness. Comprehending law, legislation, principal state and legal institutes manifests itself in law enforcement. One shouldn't absolutize the role of legislation as it is, since it is only after texts of normative acts go through the prism of legal consciousness of the actor's personality, they convert into some behaviour patterns. Legal consciousness has a definite structure, it is divided into levels. L...

  1. Mutilación genital femenina: Revisión y aspectos de interés médico legal Female genital mutilation: Review and aspects of medico-legal interests

    Directory of Open Access Journals (Sweden)

    MA. Gallego

    2010-09-01

    Full Text Available La progresiva llegada a España de personas procedentes del África subsahariana ha evidenciado la práctica de una serie de rituales ancestrales en niñas, perjudiciales para su salud, y que se engloban dentro del concepto de mutilación genital femenina (MGF. En nuestro país estas prácticas están tipificadas como delito de lesiones y, por lo tanto, son susceptibles de plantear valoraciones médico legales. Es por ello que consideramos de especial importancia el conocimiento por parte de los profesionales de la medicina forense de una serie de aspectos generales sobre estas prácticas.The gradual arrival in Spain of people from sub-Saharan Africa, has highlighted the practice of a series of ancient rituals in girls, harmful to their health, and which are encompassed within the concept of Female Genital Mutilation in accordance with the WHO definition. In our country these acts are classified as a crime of injury. Therefore they are likely to raise legal medical evaluations. We consider it particularly important knowledge of these practices on the part of professionals in the forensic medicine.

  2. Addressing legal and political barriers to global pharmaceutical access: options for remedying the impact of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the imposition of TRIPS-plus standards.

    Science.gov (United States)

    Cohen-Kohler, Jillian Clare; Forman, Lisa; Lipkus, Nathaniel

    2008-07-01

    Despite myriad programs aimed at increasing access to essential medicines in the developing world, the global drug gap persists. This paper focuses on the major legal and political constraints preventing implementation of coordinated global policy solutions - particularly, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral and regional free trade agreements. We argue that several policy and research routes should be taken to mitigate the restrictive impact of TRIPS and TRIPS-plus rules, including greater use of TRIPS flexibilities, advancement of human rights, and an ethical framework for essential medicines distribution, and a broader campaign that debates the legitimacy of TRIPS and TRIPS-plus standards themselves.

  3. The Understanding of Right Depriving Jural Facts in Respect to the Reasons of Deprivation of Right of Property: Legal Civil Aspect

    Directory of Open Access Journals (Sweden)

    Kostruba A.

    2013-01-01

    Full Text Available The analysis of approaches to understanding of jural facts is accomplished in the article. The definition of right depriving jural facts in civil law is brought. It’s researched the classical for Roman-Germany legal system reasons for deprivation of right of property and the concrete actions or events that deprive such a right are analyzed. All examined facts of property rights deprivation could be classified and arranged into four basic groups: cessation of the property existance (destruction of property, cessation of the owner existance (death of a natural person, liquidation of the legal entity, transaction on alienation (alienation of the property by the owner, requisition, administrative act (abandonement of the property by the owner, foreclosure on the property for the owner obligations, seizure. Such deprivation of property rights as termination of the right to property, which can not belong to the person, and the compulsory acquisition may occur through jural facts like seizure or administrative act. In the case of requisition termination of right takes place directly at the moment the relevant administrative act comes into force. In other words only destruction of property, death of a natural person or legal entity liquidation can be regarded totally as depriving jural facts. All jural facts of right of property deprivation can be grouped but can not be reduced to basic groups. The law model must determine the circumstances under which the model will lead to the desired legal result, otherwise the legal facts were too extensive and could take place even in undesirable cases. In this context these circumstances are conditions of jural fact o occurence. That is why, for example, "termination of the right to property, which can not belong to the person" is only a general name of right-depriving jural fact or even a specific mechanism of depriving the right itself, and therefore includes in its content as well as the actual jural fact and

  4. Satellite RNAs and Satellite Viruses.

    Science.gov (United States)

    Palukaitis, Peter

    2016-03-01

    Satellite RNAs and satellite viruses are extraviral components that can affect either the pathogenicity, the accumulation, or both of their associated viruses while themselves being dependent on the associated viruses as helper viruses for their infection. Most of these satellite RNAs are noncoding RNAs, and in many cases, have been shown to alter the interaction of their helper viruses with their hosts. In only a few cases have the functions of these satellite RNAs in such interactions been studied in detail. In particular, work on the satellite RNAs of Cucumber mosaic virus and Turnip crinkle virus have provided novel insights into RNAs functioning as noncoding RNAs. These effects are described and potential roles for satellite RNAs in the processes involved in symptom intensification or attenuation are discussed. In most cases, models describing these roles involve some aspect of RNA silencing or its suppression, either directly or indirectly involving the particular satellite RNA.

  5. Legalization White Paper.

    Science.gov (United States)

    United States Catholic Conference, Washington, DC.

    The second step of implementation of the legalization program of the Immigration Reform and Control Act of 1986 (IRCA) began on November 7, 1988. This second step is the process by which undocumented immigrants, initially granted temporary residence, may adjust to their status change to permanent resident. Certain aspects of the adjustment are…

  6. La huelga de hambre en el ámbito penitenciario: aspectos éticos, deontológicos y legales Hunger striking in prisons: ethics and the ethical and legal aspects

    Directory of Open Access Journals (Sweden)

    J. García-Guerrero

    2013-06-01

    Full Text Available La huelga de hambre es una forma de reivindicación frecuente en prisiones y puede llegar a ocasionar multitud de problemas de todo tipo, tanto a la Administración penitenciaria como a los médicos encargados de la asistencia a los presos que la hacen. Asuntos como el conflicto de derechos y obligaciones en juego, así como la forma de tratarla en personas que están sujetas a la Administración, que en este caso adopta una posición de garante, han generado no poca polémica doctrinal. La objeción de conciencia y el conflicto de doble fidelidad de los médicos que trabajan en las prisiones son también asuntos muy ligados a una huelga de hambre penitenciaria. En este trabajo se revisará la solución que se da al problema del tratamiento de la huelga de hambre penitenciaria desde tres perspectivas: ética, deontológica y legal.Hunger strike is a common form of protest in prisons and is a potential cause of many types of problems, both for the prison administration and the doctors who care for prisoners who participate in one. Issues of conflict of rights and obligations involved, and how to treat people who are subject to the Administration, which in this case takes the position of guarantor, have created major controversies over doctrine. Conscientious objection and the conflict of dual loyalty of doctors working in prisons are also issues closely linked to a prison hunger strike. In this paper we review the solution given to the problem of treatment of a prison hunger strike from three perspectives: ethics, ethical and legal.

  7. Legal Hybrids

    DEFF Research Database (Denmark)

    Herrmann, Janne Rothmar

    2009-01-01

    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...... 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....

  8. Consentimiento informado en el balón intragástrico avalado por SENPE, SEEDO, SEN y SECO: aspectos médico-legales Informed consent in the intragastric balloon supported by SENPE, SEEDO, SEN and SECO: legal aspects

    Directory of Open Access Journals (Sweden)

    V. Abilés

    2012-04-01

    Full Text Available Introducción: El Balón Intragástrico (BIG es una técnica invasiva, no quirúrgica, de carácter temporal, para el tratamiento de la obesidad, cuyos resultados dependen en gran medida de la colaboración del paciente. Objetivo: El objetivo es adaptar el Consentimiento Informado propio de la cirugía bariátrica, a un método que reviste las características especiales descritas. Material y método: Se utiliza el Consentimiento Informado propuesto por la ASAC para cirugía bariátrica, así como 8 sentencias relacionadas con el BIG tal como se hallan en la base de datos WESTLAW ES. Resultado: La revisión de las sentencias define el tratamiento mediante BIB como tratamiento con intención curativa y no satisfactiva, con obligación de medios aunque no de resultados, por parte del médico tratante. Se han de respetar además las obligaciones de una información correcta y completa -incluyendo las pautas dietéticas a seguir-, así como de las alternativas terapéuticas posibles, y por fin, de una constancia del proceso por escrito. Conclusiones: El Consentimiento Informado es un importante documento médico-legal cuyo contenido debe tener en cuenta la jurisprudencia recientemente aparecida en el campo de las técnicas mínimamente invasivas para el tratamiento de la obesidad.Introduction: Intra-gastric balloon (IGB is an invasive, temporary, non-surgical technique for the treatment of obesity. Its outcomes mainly depend on the patient's collaboration. Objective: The aim was to adapt the informed consent used for bariatric surgery to a method that has especial characteristics. Materials and methods: We used the informed consent proposed by ASAC for bariatric surgery and 8 statements related to IGB included in the WESTLAW ES database. Results: The review of the statements defines the IGB treatment as a curative-intended and non-satisfactive therapy with an obligation of the means used, but not the outcomes, by the treating physician. Moreover

  9. Aspectos legales, sociales y subjetivos del sistema de Probation: Análisis a través de un estudio cuali-cuantitativo de campo The legal, social and subjective aspects of the probation system: A quali-quantitative analysis

    Directory of Open Access Journals (Sweden)

    Irene Corach

    2009-12-01

    Full Text Available Entre las medidas alternativas a la privación de libertad, la probation ha surgido como la opción más significativa puesto que, por una parte, se contrapone a la reclusión carcelaria como el modelo más extendido y aceptado de sanción penal, y por otra, responde a variantes políticas, históricas y sociales vinculadas al paradigma de los Derechos Humanos. A partir de una investigación de campo, el presente estudio analiza los aspectos legales de la medida, las representaciones sociales en torno a ella y la función del psicólogo involucrado en la implementación de esta práctica jurídica.Among the alternative measures to imprisonment, probation has arisen like the most significant option since, on the one hand, it is opposed to the prison which is the most extended and accepted model of penal sanction, and on the other, it responds to political, historical and social variants tie to the paradigm of the Human Rights. Through a field research, the present study analyzes the legal aspects of the measure, the social representations around it, and the role of psychologists involved in the implementation of this legal practice.

  10. The evolution of legal aspects on the Brazilian electric power sector, a critical analysis; Evolucao dos marcos regulatorios do mercado de energia eletrica no Brasil, uma analise critica

    Energy Technology Data Exchange (ETDEWEB)

    Bastos, Adriano Silva

    2007-07-01

    The electric sector went through deep changes along these 125 years of electrification of the country, mainly the alternation of their investment bases, hour being private for the most part, state hour. The legal bases of concession and regulation also varied in this period, trying to adapt to the effective model of the time. This work intends to analyze the evolution of the regulatory models of the electric sector, identifying the main changes of paradigms and to compare the efficiency of the models already implanted in the segment, with views to the increment of the offer of energy in the period, molding a critical profile of the best model already adopted in the national electric sector. To compare qualitatively these models requests an analysis of the investment bases a priori in the sector, identifying the contribution of resources has been private or state, following by the government's legal positioning in the sense of being only regulator, or regulator and investor, concluding with an analysis of the electric power offer in the period and the power of self-financing of the companies, in order to assent that the mixed model is the most appropriate model for the sustainable growth of the electric power generation sector in Brazil. (author)

  11. 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…

  12. 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...

  13. Legal aspects of data and information used in oil and gas exploration and production; O regime juridico dos dados e informacoes de exploracao e producao de petroleo e gas natural

    Energy Technology Data Exchange (ETDEWEB)

    Bucheb, Jose Alberto [PETROBRAS, Rio de Janeiro, RJ (Brazil)

    2004-07-01

    The utilization of data and information related to the Brazilian sedimentary basins constitutes an essential element in any petroleum exploration and production venture, as well as in the technical and scientific works of this area of study and, for this reason, this technical asset, according to article 22 of the Petroleum Law, is considered part of the national petroleum resources, to be collected, maintained, and administered by the ANP. This issue is also regulated in other articles of the Petroleum Law, the ANP tender protocols, the concession contracts and the ANP ordinances no. 188/1998 and n. 114/2000. In this context, the evolution of the pertinent legal instruments is discussed, aiming at the analysis of the existing conflicts of rules, the rights and obligations of the regulatory agency, the petroleum companies, the service companies and the technical and scientific community. Some aspects of the international oil industry practices are also analyzed vis-a-vis the Brazilian Law. (author)

  14. Rehabilitation of former East German mining districts: Technical, economic, legal, and political aspects; Wiedernutzbarmachung ehemaliger ostdeutscher Bergbaugebiete - technische, wirtschaftliche, rechtliche und politische Aspekte

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-31

    The conference papers focus on the following main aspects involved in activities relating to the rehabilitation or decommissioning and safe post-shutdown operation of former uranium ore, potash or surface brown coal mining sites: regional development planning, Land development planning, water resources management and rehabilitation, soil mechanics and related problems, radiation protection issues in connection with the former uranium ore mining districts, geotechnical and hydrological aspects to be considered with underground mines. Separate subject analyses and abstracts of twelve of the conference papers are available in the ENERGY database. (orig/CB) [Deutsch] Die Sanierung und Verwahrung ehemaliger Bergwerke in den Bereichen Braunkohletagebau, Uran-und Kalibergbau betreffend werden folgende Schwerpunktthemen behandelt: Raumordnung, Landesplanung, Sanierung des Wasserhaushalts, Probleme der Bodenmechnik, Strahlenschutzprobleme bei der Sanierung der Uranerzbergbaugebiete, geotechnische und hydrologische Aspekte bei der Verwahrung untertaegiger Bergwerke sowie Wirtschaft und Umwelt. Es wurden 12 Beitraege separat fuer die Datenbank Energy aufgenommen.

  15. [Legal aspects of the REACH regulation. The control system of the REACH regulation--new approaches in the EU chemical legislation].

    Science.gov (United States)

    Pache, Eckhard

    2008-12-01

    The REACH regulation from 2006 shall overcome the deficiencies of the previously existing inconsistent legal system of chemicals and build an efficient and innovative regulation for industrial chemicals in the EU. For this purpose, the REACH regulation is not inventing a completely new legislation for chemical substances, but refers to the existing rules, regulates and structures them in a new manner and complements them. With REACH a consistent control system for chemicals in Europe has been created, which basically is managed and coordinated by the newly established European Chemicals Agency (ECHA). In the first phases of the REACH system, information about chemicals is generated and afterwards evaluated. Then this information is used in a process of authorization and restriction, to ensure adequate proliferation and safe exposure to chemical substances. Numerous duties to furnish information complement the readjustment's procedural steps, particularly with regard to the supply chain and down to the consumer. It is mainly affected by the abrogation of the determination between new and existing substances, the principle of substitution and is based on the idea that industry itself is best suited to ensure that the substances it manufactures and places on the market in the EU do not adversely affect human health or the environment.

  16. [Selected legal aspects of the protection of the unborn child in the light of the draft amendment to the Polish Penal Code].

    Science.gov (United States)

    Urbaniak, Moniak; Spaczyński, Robert Z

    2015-10-01

    Criminal Law Codification Commission, acting at the Ministry of Justice prepared proposals for amendments in the Polish Penal Code, related to offenses against life and health that were presented to the public in 2013. The draft provides for the protection of the child in the prenatal stage, introducing a new category of the entity to be protected, which is "unborn child" and "unborn child able to live outside the mother's body". These regulations provide for mothers criminal liability and responsibility of the medical staff (a doctor), as well as the child's father to the extent in which he is obliged to take steps aimed at rescuing the fetus. It is doctor's responsibility to show particular care for human health and life since a doctor has special medical knowledge and that is regulated by art. 30 of the act on professions of doctor and dentist. The proposed rule changes were not brought before the legislature in the current term of the Sejm (2011-2015), but due to the development of medicine, including obstetrical ultrasound, which enables visualization of a child that moves in the womb and is treated as a separate entity with distinct personal features the grounds are given for the opinion that the issue of the legal status of the unborn child, particularly in the context of causing death of a child in the last phase before birth as a result of medical malpractice or other external factors will be back in the public discussion.

  17. Medical-legal aspects of the fungal infection drug therapy in neonatology: evidence-based medicine and off-label prescribing

    Directory of Open Access Journals (Sweden)

    Marta Ciuffi

    2014-06-01

    Full Text Available The aim of this paper is to focus on the well-known issue of the clinical use of off-label drug therapy in neonatology with respect to evidence-based medicine, with particular reference to antifungal products, in comparison with the wider use in pediatric and adult population. Then we considered the new regulatory approaches carried out in the past decade by the FDA (Food and Drug Administration and the EMA (European Medicine Agency, aimed to improve newborn and children population inclusion into scientific trials and to promote drug labeling with respect to pediatric indications, and the goals nowadays achieved through the American Pediatric Research Equity Act / Best Pharmaceuticals for Children Act and the European Pediatric Investigation Plans. Finally we pointed out, on the basis of the Italian regulatory framework, the Italian medical-legal liability profiles related to the use of off-label therapies in neonatology. Further efforts are required in the international context to carry forward the process started while in the particular Italian scenario it is to be hoped that a general change of mind towards the off-label drug use in neonatology clinical practice may take place.

  18. Satellite Communications

    CERN Document Server

    Pelton, Joseph N

    2012-01-01

    The field of satellite communications represents the world's largest space industry. Those who are interested in space need to understand the fundamentals of satellite communications, its technology, operation, business, economic, and regulatory aspects. This book explains all this along with key insights into the field's future growth trends and current strategic challenges. Fundamentals of Satellite Communications is a concise book that gives all of the key facts and figures as well as a strategic view of where this dynamic industry is going. Author Joseph N. Pelton, PhD, former Dean of the International Space University and former Director of Strategic Policy at Intelstat, presents a r

  19. 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.

  20. Existence of vagueness and vague expression in legal English

    Institute of Scientific and Technical Information of China (English)

    石继鹏

    2008-01-01

    The language of legal English is a kind of customary language, which includes some words, phrases and mode of expression with its unique style. One of the most important characteristics of legal English is exact in its usage. But in some situations, vague expressions are found in legal English. This is written to probe into some linguistic aspects of legal documents: vagueness and ambiguity.

  1. Trends in communications satellites

    CERN Document Server

    Curtin, Denis J

    1979-01-01

    Trends in Communications Satellites offers a comprehensive look at trends and advances in satellite communications, including experimental ones such as NASA satellites and those jointly developed by France and Germany. The economic aspects of communications satellites are also examined. This book consists of 16 chapters and begins with a discussion on the fundamentals of electrical communications and their application to space communications, including spacecraft, earth stations, and orbit and wavelength utilization. The next section demonstrates how successful commercial satellite communicati

  2. Legal aspects and conflicts in the context of offshore wind power plant licensing in the exclusive economic zone; Rechtliche Probleme der Zulassung von Windkraftanlagen in der ausschliesslichen Wirtschaftszone (AWZ)

    Energy Technology Data Exchange (ETDEWEB)

    Klinski, S. [Rechtsanwaltskanzlei Schmidt-Wottrich, Jungnickel und Partner, Berlin (Germany)

    2001-11-01

    The analysis presented discusses in depth the existing German laws, regulations and legal instruments, including constitutional case law, as well as European Directives and rulings of the European Court of Justice, which are to be observed in the context of planning and licensing of offshore wind power plants, in particular in the exclusive economic zone. The author elaborates on deficits in the system of applicable German law, incompatibility aspects with European law, and resulting problems. The conclusions to be considered by the German legislator are explained, and the author presents his recommendations in a list of ten items, addressing aspects of amendment and consolidation of existing German law, and harmonisation with European law. (orig./CB) [German] Diese Analyse untersucht alle nationalen und internationalen Rechtsgrundlagen und Instrumentarien, sowie Anforderungen und Bedingungen, die sich aus Gerichtsentscheidungen des Bundesverfassungsgerichts und des Europaeischen Gerichtshofes ergeben, die bei der Genehmigung von Windkraftanlagen in Kuestengewaessern und in der ausschliesslichen Wirtschaftszone (AWZ) beachtet werden muessen. Der rechtlich wichtigste Bereich ist die AWZ, der ausfuehrlich behandelt wird. Es werden Defizite im deutschen Recht aufgezeigt, Unvereinbarkeiten mit europaeischem Recht und daraus resultierende Probleme. In der Schlussfolgerung wird empfohlen, die deutschen rechtlichen Bestimmungen neu zu ordnen. Eine entsprechende Ausgestaltung wird anhand von 10 konkreten Ansatzpunkten erlaeutert. (orig./CB)

  3. Legal terminology

    DEFF Research Database (Denmark)

    Engberg, Jan

    2013-01-01

    The aim of the chapter is to study the concept of paraphrase developed by Simonnæs for describing textual elements directed at non-experts in court decisions and intended to give insight into the legal argumentation of the court. Following a discussion of the concept of paraphrase I will study tw...

  4. Estatuto da Cidade: aspectos epistemológicos, sociopolíticos e jurídicos Statute of the City: epistemological, social political and legal aspects

    Directory of Open Access Journals (Sweden)

    Sérgio Luís Boeira

    2009-06-01

    Full Text Available Este artigo contribui com o debate sobre o Estatuto da Cidade (EC, vinculando-o a diferentes abordagens e clivagens subjacentes à crise da modernidade. Aspectos epistemológicos e teóricos são relevantes, mas têm sido negligenciados no debate. Neste artigo tais aspectos são abordados introdutoriamente. Faz-se também uma breve comparação de três enfoques especializados em direito urbanístico sobre artigos do EC, evidenciando-se a ausência de consenso e a necessidade de uma reflexão mais abrangente. Conclui-se que o que está em disputa no debate do EC são os recursos para a compreensão dos desafios de sua implementação, que envolvem especialmente três fatores: a abordagem comparativa entre os enfoques de especialistas do direito urbanístico; abordagem inter e transdisciplinar, com a contribuição do paradigma da complexidade; e a abordagem democrático-participativa, com políticas públicas orientadas pelas teorias e experiências relativas à terceira via e à formação de capital social.This article brings a contribution to the debate on the Statute of the City (SC, linking it to different approaches and underlying cleavages of the crisis of modernity. The article introduces relevant epistemological and theoretical aspects that have been neglected in this debate and briefly compares three specialized urban law approaches to articles of the SC, showing absence of consensus and the need for a comprehensive reflexion. To conclude, what is in dispute in the EC debate are the resources for the understanding of the challenges of its implementation, which involves especially three factors: the comparative approach to the views of urban law specialists; an inter and trans-disciplinary approach, with the contribution of the complexity paradigm; a democratic-participative perspective, with public policies oriented by the theories and experiences of the third way and the formation of social capital.

  5. Legal Ice?

    DEFF Research Database (Denmark)

    Strandsbjerg, Jeppe

    The idealised land|water dichotomy is most obviously challenged by ice when ‘land practice’ takes place on ice or when ‘maritime practice’ is obstructed by ice. Both instances represent disparity between the legal codification of space and its social practice. Logically, then, both instances call...... for alternative legal thought and practice; in the following I will emphasise the former and reflect upon the relationship between ice, law and politics. Prior to this workshop I had worked more on the relationship between cartography, geography and boundaries than specifically on ice. Listening to all...... the interesting conversations during the workshop, however, made me think that much of the concern with the Polar Regions in general, and the presence of ice in particular, reverberates around the question of how to accommodate various geographical presences and practices within the regulatory framework that we...

  6. Legal Language in Intercultural Communication

    Directory of Open Access Journals (Sweden)

    Violeta Janulevičienė

    2012-12-01

    Full Text Available This paper addresses the considerable role of legal translation in intercultural communication. Effective intercultural communication requires sufficient language skills and also extensive knowledge of the cultures involved, which encompass official social behaviour norms, enshrined in the corresponding legal systems. The basic legal terms often pose substantial difficulties even for experienced translators and, hence, to communication, because these terms nominate concepts that are inherently linked with culture, moral values and legal tradition of a given country. In intercultural communication the most widely used legal English is permeated by Anglo-Saxon legal system and concepts which have little or no equivalents in Romano-Germanic or other continental law countries. The authors present a comparative analysis of the translation strategies employed by the compilers of two main English-Lithuanian law dictionaries (V. Bitinaitė „Mokomasis anglų-lietuvių kalbų teisės terminų žodynas“ and O. Armalytė, L. Pažūsis. „Anglų-lietuvių kalbų teisės žodynas“ in translation of the English-Welsh law terms defining abstract common law terms, some specific English-Welsh legal professions and the English-Welsh court names. The findings of the analysis reveal the difficulties which the dictionary compilers have to cope with when translating culture-bound terms and the strategies chosen by them for problematic translations. The research also highlights the role of the legal language translator as the key figure in facilitating different cultural background comprehension of the legal terms and, what is even more important, specific aspects of legal systems; the latter being necessary for efficacious intercultural cooperation.

  7. 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

  8. Emission trading - still a long way to a practical implementation? Legal and social aspects, policy recommendations; Emissionshandel - noch ein langer Weg bis zur praktischen Umsetzung? Juristische und soziale Aspekte, Politikempfehlungen

    Energy Technology Data Exchange (ETDEWEB)

    Mittendorf, M. [Universitaet der Bundeswehr Muenchen, Neubiberg (Germany). Inst. fuer Volkswirtschaftslehre

    2001-01-29

    The discussions about the trading of emission rights can be already traced back some years. With the signing of the Kyoto Protocol in 1997 this instrument had a renaissance. Now practical aspects of implementation are considered. While the European Union does not intend to translate this idea into public policy before 2005, the German federal government needs to implement urgently a system of trading of emission rights in order to complete its voluntary self-commitment to reduce greenhouse gases by 25 per cent until 2005. The author discusses the economic and moreover, some legal and social implications and gives policy recommendations for the formal implementation of such a system. (orig.) [German] Die Diskussionen ueber den Emissionsrechtehandel koennen bereits einige Jahre zurueckverfolgt werden. Mit der Unterzeichnung des Kyoto-Protokolls 1997 erlebte dieses Instrument jedoch eine Renaissance in den Ueberlegungen zu den Aspekten seiner praktischen Umsetzung. Waehrend die Europaeische Union den Emissionshandel nicht vor 2005 einfuehren will, ist die deutsche Bundesregierung auf eine schnelle Umsetzung angewiesen, um ihre freiwillige Selbstverpflichtung, die Treibhausgase bis 2005 um 25% zu reduzieren, zu erfuellen. Der Verfasser diskutiert die oekonomischen und ansatzweise einige juristische und soziale Aspekte, um darauf aufbauend Politikempfehlungen fuer eine praktische Umsetzung des Emissionshandels zu geben. (orig.)

  9. 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.

  10. Satellite communication engineering

    CERN Document Server

    Kolawole, Michael Olorunfunmi

    2013-01-01

    An undeniably rich and thorough guide to satellite communication engineering, Satellite Communication Engineering, Second Edition presents the fundamentals of information communications systems in a simple and succinct way. This book considers both the engineering aspects of satellite systems as well as the practical issues in the broad field of information transmission. Implementing concepts developed on an intuitive, physical basis and utilizing a combination of applications and performance curves, this book starts off with a progressive foundation in satellite technology, and then moves on

  11. Handbook of satellite applications

    CERN Document Server

    Madry, Scott; Camacho-Lara, Sergio

    2017-01-01

    The first edition of this ground breaking reference work was the most comprehensive reference source available about the key aspects of the satellite applications field. This updated second edition covers the technology, the markets, applications and regulations related to satellite telecommunications, broadcasting and networking—including civilian and military systems; precise satellite navigation and timing networks (i.e. GPS and others); remote sensing and meteorological satellite systems. Created under the auspices of the International Space University based in France, this brand new edition is now expanded to cover new innovative small satellite constellations, new commercial launching systems, innovation in military application satellites and their acquisition, updated appendices, a useful glossary and more.

  12. American Legal Education and Professional Despair

    Science.gov (United States)

    French, David

    2011-01-01

    Lawyers are among the most unhappy, least respected wealthy people in America. There are, no doubt, many reasons for the morale crisis in the legal profession. After all, not many people like lawyers. Further, many aspects of legal work are objectively stressful. Litigation is rife with conflict even in the most courteous jurisdictions, and trials…

  13. Epidemiology of noise and legal aspects

    Directory of Open Access Journals (Sweden)

    Simone Alexandrino

    2016-12-01

    Full Text Available This article provides a brief interdisciplinary approach to the health-disease phenomenon in the workplace related to occupational noise exposure and regulatory developments involving the subject. What justifies the discussion of this theme is the constant regulatory changes in the regulation of the maximum tolerance limit for exposure to occupational noise in decibels, which despite being the result of tests carried out in accredited laboratories by the Ministry of Labor and Employment can not be effective for avoid the illness of workers. It is intended to answer the following questions: What is epidemiology and how occupational noise exposure can be a risk factor for workers; why there are so many changes in the rules governing the fixing of maximum decibels to which workers can be "safely" exposed; whether the rules governing the safety of workers exposed to occupational noise are effective in protecting the health of these people.

  14. Legal Aspects of Corporate Social Responsibility

    NARCIS (Netherlands)

    Lambooy, Tineke

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of cultu

  15. ASPECTS REGARDING LEGAL PROTECTION OF FOREST ECOSYSTEMS

    Directory of Open Access Journals (Sweden)

    Cristian Popescu

    2012-12-01

    Full Text Available The first legislative concerns for the protection and exploitation of forests are occurring since the eighteenth century. Forest of the country has always been a priority for environmental policy. The institutional framework for forestry organization in Romania is represented mainly by the Ministry of Environment and National Administration of Forests – Romsilva. First Romanian Forest Code was adopted on 19 June 1881. In present, the main law governing the forest is given by Law No. 46 of March 19, 2008 (Forest Code. Forests are resources of interest economic, social, recreational, ecological and biological. Biodiversity conservation of forest ecosystems involves the sustainable management by applying intensive treatments that promote natural regeneration of species of fundamental natural forest type and forest conservation and quasi virgin. The main way to conserve forest ecosystems is represented by the establishment of protected areas of national interest.

  16. Legal Aspects of Corporate Social Responsibility

    NARCIS (Netherlands)

    Lambooy, Tineke

    2014-01-01

    We stand at a critical moment in Earth’s history, a time when humanity must choose its future. As the world becomes increasingly interdependent and fragile, the future at once holds great peril and great promise. To move forward we must recognize that in the midst of a magnificent diversity of cultu

  17. Guidelines in forensic odontology: legal aspects.

    Science.gov (United States)

    Vermylen, Y

    2006-05-15

    The task of the forensic dentist is ruled by an obligation to be diligent and prudent. If guidelines should exist which are recognised by the dental forensic community, they will probably be used to judge his work, even if guidelines are only considered as recommendations. The questions to be answered are: who issued these guidelines and are they conform to evidence-based forensic odontology.

  18. Legal Aspects of a School Library Website

    Science.gov (United States)

    Johnson, Tom

    2009-01-01

    School library websites enhance and explain the services provided by the library. Most schools have a library website. Jurkowski (2004) reviewed thirty-four school library websites and ranked the most common features: website links, databases, policies, Online Public Access Catalog (OPAC), and websites by subject. These features give patrons a…

  19. [Bioethical and legal aspects of patient education].

    Science.gov (United States)

    Frković, Aleksandra; Bosković, Zvonko

    2008-12-01

    In the last 35 years, patient education has started to gradually develop at hospitals as well as in primary health care. Now, it is an integral part of communication in health care. Due to the expanding application of technology in the field of medicine, it is difficult to achieve appropriate and extensive patient education. Patient dissatisfaction with the given information on the illness, treatment and prognosis has contributed to professionalization of patient education. Nevertheless, patient education has not yet been acknowledged as a discipline. Patient education by health care professionals while providing health care services and through the process of informed consent requires professional and bioethical education of health care professionals and also patient commitment to actively cooperate with their doctors.

  20. [Assisted suicide - medical, legal, and ethical aspects].

    Science.gov (United States)

    Bosshard, G

    2012-02-01

    Unlike in most European countries, assisted suicide is not illegal in Switzerland. The number of assisted suicides procured by right-to-die organisations such as Exit or Dignitas has sharply increased in the last twenty years. Central part of the doctor's involvement is the prescription of a lethal dose of sodium pentobarbital. In doing so, the doctor has to apply to the rules of medical due care. A proper examination of the patient is required, who must be informed about his diagnosis, about the expected prognosis, and about different treatment options. Verification of the patient's decisional capacity is crucial. In general, a staff member of the organisation but not the doctor is present during suicide. Following death, the assisted suicide has to be reported to the police as an extraordinary death case.

  1. Medico-legal and ethical aspects of nasal fractures secondary to assault: do we owe a duty of care to advise patients to have a facial x-ray?

    Science.gov (United States)

    Jaberoo, Marie-Claire; Joseph, Jonathan; Korgaonkar, Gillian; Mylvaganam, Kandappu; Adams, Ben; Keene, Malcolm

    2013-02-01

    Guidelines advise that x-rays do not contribute to the clinical management of simple nasal fractures. However, in cases of simple nasal fracture secondary to assault, a facial x-ray may provide additional legal evidence should the victim wish to press charges, though there is no published guidance. We examine the ethical and medico-legal issues surrounding this controversial area.

  2. Medicina por Imágenes: la visión globalizada. Parte III: la visión desde el Derecho Image Based Medicine: the global vision. Part III: Legal Aspects

    Directory of Open Access Journals (Sweden)

    Paula Carestia

    2008-09-01

    Full Text Available La visión globalizada del diagnóstico por imágenes es una puesta al día, creemos que necesaria, de los caracteres más relevantes de esta bellísima disciplina. Está dirigida a quienes todavía no han decidido su camino y están finalizando sus carreras de grado -médica o técnica-, pero también a aquellos que ya han comenzado la residencia; y quizá también para quienes habiendo recorrido ya un largo trayecto, conservan un espíritu crítico y una mirada joven. A la luz del nuevo milenio, y cuando se han cumplido veinticinco años de su reconocimiento como especialidad por parte de la comunidad médica de nuestro país, los autores examinamos esta visión que no se conforma con la mirada unilateral del radiólogo sino que busca también la proveniente de otros saberes y ciencias. Por ello, se incluye una aproximación desde el derecho -sobre un tema puntual-, se tratan los aspectos educacionales y se incorporan la mirada desde el área técnica, la perspectiva de la filosofía y la bioética y las visiones desde la psicología, desde la gestión de los recursos humanos y los aspectos de ciencia y tecnología, entre otras.The global vision of diagnostic imaging is a necessary update, we think, of the most relevant characters of this beautiful discipline. It is directed to those advanced students of Medicine and Radiology Technique career who have not yet decided their future activity but also to the already graduated who are just beginning their residence training programs; and maybe to those who keep a critical spirit and a young glance, in spite of the chronological age. At daybreak of the millennium and when we are assisting to the twenty five anniversary of its origin and recognition as a new speciality inside the medical community in our country, we the authors, have selected not only the unique vision of the radiologist but also the vision of other fields of knowledge and sciences. So because of this we develop the legal view on

  3. TEACHING LEGAL ENGLISH AS A SECOND LANGUAGE

    Directory of Open Access Journals (Sweden)

    BADEA ELENA CODRUTA

    2012-05-01

    Full Text Available In the last two decades, legal English has attracted increasing interest and awareness, especially because English is predominantly the language of international legal practice. Legal English must be seen in the overall context of English for Specific Purposes , as it shares the important elements of need analysis, syllabus design, course design, and materials selection and development which are common to all fields of work in ESP. As with other varieties of ESP, Legal English implies the definition of a specific language corpus, usages of various teaching strategies and emphasis on particular kinds of communication in a specific context.The article aims to highlight some aspects of teaching legal English by a non-native teacher who is not an expert in law. It particularly focuses attention on the development of basic communication skills and the use of lexical approaches in successful language acquisition in legal English.

  4. On Danish Legal Method

    DEFF Research Database (Denmark)

    Schaumburg-Müller, Sten

    2014-01-01

    On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method......On the basis on 1) the Danish legal writer A.S.Ørsted (1778-1860) and 2) an enquete among present day Danish legal scholars, the contribution deals with special traits in Danish legal method...

  5. Digital Audio Legal Recorder

    Data.gov (United States)

    Department of Transportation — The Digital Audio Legal Recorder (DALR) provides the legal recording capability between air traffic controllers, pilots and ground-based air traffic control TRACONs...

  6. TO THE QUESTION OF THE LEGAL NATURE OF MARRIAGE

    OpenAIRE

    Bondov S. N.

    2014-01-01

    The article is devoted to the analysis of various approaches to the main definitions of a family law, such as marriage, family, and marriage legal relationship. In the article we profoundly considered the legal aspects of a procedure of marriage as the act of registration of marriage is the basis of emergence of marriage legal relationship. The conditions and the bases of marriage are characterized. We made a conclusion that marriage is a legal fact establishing, changing or stopping the corr...

  7. La Medicina Legal en Antioquia: primera parte Legal medicine in Antioquia: first part

    Directory of Open Access Journals (Sweden)

    Carlos Enrique Escobar Gónima

    2002-02-01

    Full Text Available Este artículo describe aspectos históricos de la Medicina legal en Antioquia, con énfasis en las personas que fueron importantes para su desarrollo inicial. THIS WORK DESCRIBES HISTORICAL aspects of legal medicine in Antioquia, Colombia. Emphasis is done on people who were important in its initial development.

  8. 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.

  9. Legal English and Adapted Legal Texts

    Directory of Open Access Journals (Sweden)

    Alvyda Liuolienė

    2012-06-01

    Full Text Available The article aims at analysing the significance of authentic legal English text and adapted legal texts in ESP classes. The authors point out the advantages and disadvantages of legal texts and analyse the possibilities of their efficient application in the teaching process. At the initial stage of teaching English legalese, materials prepared specially for teaching purposes in textbooks seem to be more appropriate as they are adapted for a particular level for law students whereas in more advanced levels, authentic texts in a legal English classroom can more considerably contribute to the learning experience. The usage of both legal authentic materials and adapted legal texts have tangible impact on mastering legal English.

  10. 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....

  11. O perfil dos ortodontistas em relação aos aspectos odontolegais dos prontuários odontológicos The profile of orthodontists in relation to the legal aspects of dental records

    Directory of Open Access Journals (Sweden)

    Giovanni Garcia Reis Barbosa

    2010-04-01

    danos de acessórios ortodônticos. Contudo, algumas práticas ainda precisam ser adotadas, tais como: coleta da assinatura dos pacientes em caso de danos em acessórios ortodônticos e arquivo de cópia de prescrição medicamentosa e atestados.OBJECTIVE: The purpose of this study was to acquire knowledge about the key legal aspects of orthodontic practice, which may be used as important defense tools in the event of ethical and/or legal actions. METHODS: A cross-sectional study was conducted with dentists in Belo Horizonte, Minas Gerais State, Brazil, by means of a specific instrument (questionnaire addressing the ethical and legal disputes that involve the orthodontic specialty. Participants were asked to fill out the following questionnaire fields: personal identification, academic background, orthodontic accessories, oral hygiene, treatment plan, service provision, orthodontic documentation, drug prescription and forms of communication with patients, among others. RESULTS: A total of 237 orthodontists, all members of the Regional Council of Dentistry, Minas Gerais State (CRO-MG and living in Belo Horizonte, were given the data collection instrument. Out of this total, 69 (29.11% answered and returned the questionnaires. Of the 69 respondents, 57.97% were male and 42.03% female. It was found that 52.17% of these professionals graduated from Higher Education Institutions (ISEs. It was observed that 34.78% of these orthodontists completed specialization between 5 and 10 years after graduation. Most professionals (94.2% enter into their medical records information about any damage caused to the orthodontic accessories used by their patients and 53.62% of the orthodontists keep their patients' orthodontic documentation on file throughout their active professional life. CONCLUSIONS: This study revealed that some analysis parameters were very satisfactory, such as: the availability of service provision contract models, communication with patients and/or their lawful

  12. 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....

  13. The Legal Regulation of Cybersecurity

    Directory of Open Access Journals (Sweden)

    Darius Štitilis

    2013-08-01

    Full Text Available 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 regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

  14. 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...

  15. Legal Interviewing For Paralegals.

    Science.gov (United States)

    Statsky, William P.

    One of the training materials prepared for paralegals, or legal assistants, by the National Paralegal Institute under a Federal grant, the document presents legal interviewing techniques by focusing on an analysis of a particular legal interview conducted by a paralegal on a hypothetical case. From the analysis of the case, a number of problems,…

  16. The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

    Directory of Open Access Journals (Sweden)

    Bilal Dewansyah

    2015-08-01

    Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

  17. Installation of measuring systems and instruments according to the new EnWG 2011. Obligation, legal aspects, acceptance; Einbaupflicht, -recht und Akzeptanz. Fragen und Antworten zum Einbau von Messeinrichtungen und Messsystemen nach der Novellierung des EnWG 2011

    Energy Technology Data Exchange (ETDEWEB)

    Baasner, Stefan; Milovanovic, Viktor; Schmelzer, Knut; Schneidewindt, Holger

    2012-02-15

    The new EnWG comprises more regulations than before in the field of metering systems and instruments for electric power supply. Everybody concerned now has to work out the complex standards and regulations, with particular regard to transition period regulations. This contribution outlines the legal boundary conditions as of 20 November 2011 and also goes into the intended closer linking of power supply grids and telecommunication grids.

  18. The role of law as an instrument of communication within legal positivism

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2015-01-01

    This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a ...

  19. Legally high? Legal considerations of Salvia divinorum.

    Science.gov (United States)

    Griffin, O Hayden; Miller, Bryan Lee; Khey, David N

    2008-06-01

    The legal status of the hallucinogenic plant Salvia divinorum has been rapidly changing. Legal prohibitions on this plant native to Oaxaca, Mexico have emerged at the state level, a phenomenon that has not occurred since the passage of the Controlled Substances Act (CSA). Included will be a brief description of the plant that has only recently crept into the popular American consciousness, and a review of the different legal mechanisms through which states have controlled the plant and the pending legislation proposing controls. Lastly, the implications of various state laws are discussed.

  20. Satellite Communication.

    Science.gov (United States)

    Technology Teacher, 1985

    1985-01-01

    Presents a discussion of communication satellites: explains the principles of satellite communication, describes examples of how governments and industries are currently applying communication satellites, analyzes issues confronting satellite communication, links mathematics and science to the study of satellite communication, and applies…

  1. Legal fundamentals and standards for ''green buildings''. Legal aspects of green building and sustainable building; Gesetzliche Grundlagen und Normen fuer 'Gruene Gebaeude'. Die rechtlichen Aspekte bei Green Building und Nachhaltigem Bauen

    Energy Technology Data Exchange (ETDEWEB)

    Schrammel, Florian [HFK Rechtsanwaelte, Muenchen (Germany)

    2010-09-15

    Green building is a method of construction that is intended to enhance the efficiency of buildings in terms of energy, water and materials consumption and to reduce adverse effects on health and the environment. Facility managers should be aware of this issue, in consideration of life cycle assessment and sustainability, as it will be an important business model for the future, and they should take care to master the relevant legal regulations and guidelines. (orig.)

  2. Legal Abortion: Are American Black Women Healthier Because of It?

    Science.gov (United States)

    Cates, Willard, Jr.

    1977-01-01

    Reviews various aspects of legal abortion, including attitudes, practices, mortality and effects, as they relate to black American women. States that black women have shared in the health benefits accompanying the increased availability of legal abortion, probably to an even greater extent than white women. (Author/GC)

  3. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  4. Ethical and Legal Responsibilities of Counselors.

    Science.gov (United States)

    Glennen, Robert E.

    In the aftermath of the Watergate scandal, each profession is reviewing its ethical practices. This paper assists in this renewal by citing the code of ethical standards of APGA; reviewing the laws of the State of Nevada regarding privileged communications; and covering the legal aspects which relate to counseling situations. (Author)

  5. Legal Bases for Dealing with Academic Dishonesty

    Science.gov (United States)

    Bricault, Dennis

    2007-01-01

    Academic dishonesty poses a threat to the goals of every educational institution. This article draws heavily from current literature and case law to provide an overview of academic dishonesty, paying particular attention to associated legal aspects, such as due process, the content and communication of policies, sanctions, prevention, and…

  6. Child Custody: Legal Decisions and Family Outcomes.

    Science.gov (United States)

    Everett, Craig A., Ed.

    This collection addresses child custody decisions and the resultant outcomes for children and their families. The first section of the book examines aspects of the legal decision-making process as well as legislative guidelines affecting custody and post-divorce issues. The second section focuses on post-divorce family patterns for fathers,…

  7. LNG project - contractual aspects

    Energy Technology Data Exchange (ETDEWEB)

    Goncalves, Bruno Almeida

    2008-07-01

    This paper intends to provide from the legal point of view an outline of the main challenges of a LNG project in the upstream, regulatory aspects, liquefaction, financing and midstream through a basic checklist; an overview of the contractual complexity of a LNG project; some basic discussion of particular LNG contract clauses; and a comparative analysis between the classic clauses of a Gas Transportation Agreement (GTA) through a gas pipeline and LNG logistic. (author)

  8. COMMENTS, AND LEGAL BRIEF AND COMMENTS, BEFORE THE FEDERAL COMMUNICATIONS COMMISSION, IN THE MATTER OF THE ESTABLISHMENT OF DOMESTIC NON-COMMON CARRIER COMMUNICATIONS-SATELLITE FACILITIES BY NON-GOVERNMENTAL ENTITIES, DOCKET 16495.

    Science.gov (United States)

    Ford Foundation, New York, NY.

    VOLUME I OF THE FORD FOUNDATION SUBMISSION TO THE FEDERAL COMMUNICATIONS COMMISSION STATES THE FOUNDATION'S COMMITMENT TO EDUCATIONAL BROADCASTING, DESCRIBES THE SCOPE, SERVICES, COMPONENTS, AND COST OF A PROPOSED NATIONAL BROADCASTERS' NON-PROFIT SATELLITE SERVICE (BNS), ASSERTS THE SOCIAL, ECONOMIC, AND OPERATIONAL BENEFITS OF SUCH A SYSTEM, AND…

  9. Legal responsibility and accountability.

    Science.gov (United States)

    Cox, Chris

    2010-06-01

    Shifting boundaries in healthcare roles have led to anxiety among some nurses about their legal responsibilities and accountabilities. This is partly because of a lack of education about legal principles that underpin healthcare delivery. This article explains the law in terms of standards of care, duty of care, vicarious liability and indemnity insurance.

  10. MEDIATION AGREEMENTS LEGAL MODEL

    Directory of Open Access Journals (Sweden)

    Alexander Ponomarev

    2015-07-01

    Full Text Available This article focuses on the legal model of mediation agreements in Russian and international legislation. The authors consider the main provisions of the mediation agreements in civil matters, in particular, is defined by such features of the legal model as the requirements for this type of agreements. In addition, the article discusses the problematic issues of implementation of mediation agreements.

  11. Learning the Legalities.

    Science.gov (United States)

    Stuart, Victoria

    1987-01-01

    Certain types of crises cry out for legal counsel. Becoming familiar with the basics of media law is suggested for public relations offices. Three types of crises that call for legal advice include: litigation or potential litigation; a violation of a law or regulation; or incidents with any hint of liability. (MLW)

  12. The Legal Translator’s Approach to Texts

    Directory of Open Access Journals (Sweden)

    Radegundis Stolze

    2013-02-01

    Full Text Available Translation can be a basis for humanistic investigations when translation is seen as a personalized activity. The article describes, on the basis of hermeneutics, the specific perspective from which a translator may approach legal texts. Various aspects have to be considered in such texts, since the cultural and legal background is evident in linguistic aspects at the text level. Different text types are rooted in a specific legal system and fulfill their function within a special field of law. Comparative law does research on the differences in legal concepts, whereas translation uses this knowledge as a basis. Legal terminology presents various levels of abstraction and appears in texts besides general language words. Well-grounded understanding along with subject knowledge is necessary for legal translation. This should be combined with proficiency in writing in the legal style. The translator tries to make source cultural and legal aspects transparent for target readers, as translation is always a means of comprehension that furthers communication.

  13. 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

  14. Analysis of the legal aspects in public tender electronic made by PETROBRAS through the system Petronect under Decree no. 2.745/98; Analise da juridicidade das licitacoes eletronicas feitas pela PETROBRAS atraves do sistema Petronect nos termos do decreto 2.745/98

    Energy Technology Data Exchange (ETDEWEB)

    Prestes, Madelon Rocha Ribeiro [Transportadora Brasileira Gasoduto Bolivia-Brasil S.A. (TBG), Rio de Janeiro, RJ (Brazil)

    2008-07-01

    This work examines the question of possible of use an electronic tool through internet, the Petronect, to facilitate the completion of procedures to carry through licitations for the PETROBRAS Group that is being debated in diverse instances in the Brazilian present time. This analysis should take into account the existing law on licitations, the constitutionality of Decree 2.745/98, as well as economic facts. Due to the understanding of TCU - expressed on several occasions - in the sense that PETROBRAS would be required to use the Law 8.666/93 in its bids, is being challenged the constitutionality of Decree 2.745/98 and their use for licitations procedures. They will be examined the conceptual and legal aspects of the decree, and the relationship and the importance of the function for the Group Purchases damage. Thus, the analysis will cover the new issues raised by EC 19/98, the constitutionality of the decree, the position of the Court of Auditors of the Union and the Federal Supreme Court (STF) and the legislation published on this subject. The existing conclusion in this work shows how right - under the optical legal and constitutional - the use of the portal Petronect to carry out the licitations of PETROBRAS under Decree 2.745/98 and non-use of Law 8.666/93, for this is not appropriate to the specific activity of company. (author)

  15. Aspectos éticos e legais das anotações de enfermagem nos procedimentos de doação de órgãos para transplantes Ethical and legal aspects of the nursing records of organ donors for transplant

    Directory of Open Access Journals (Sweden)

    Maria Barcelos Dalri

    1999-09-01

    Full Text Available Objetivo deste estudo foi verificar os registros de enfermagem de pacientes doadores de órgãos quanto aos aspectos éticos e legais. Foram analisados os registros de enfermagem de 12 prontuários de pacientes doadores de órgãos internados em um Hospital Universitário do interior do estado de São Paulo, no período de Janeiro de 1992 a agosto de 1996. Foi identificada a informação quanto ao consentimento para doação de órgãos nos registros de enfermagem em 16,7% dos prontuários. Observamos, em 91,7% dos prontuários, falta de data, de assinaturas, ou presença de rasuras nos registros de enfermagem.The objective of this study was to verify the ethical and legal aspects concerning the documentation of nursing practice in the organ donor's records. The records of the 12 organ donors admitted in a Brazilian University Hospital, from January/1992 to august/1996 were analysed. The donor consent was reported by nurses in 16,7% of the records. Defects that preclude legal value for the charling such as missing date or signature, erasure were found in 91,7% of the records.

  16. Medicação: aspectos ético-legais no âmbito da enfermagem Medicación: aspectos ético-legales en lo contexto de la enfermería Medication: ethical and legal aspects for nursing

    Directory of Open Access Journals (Sweden)

    Flávio Trevisani Fakih

    2009-02-01

    Full Text Available Este artigo trata dos deveres e responsabilidades dos profissionais de enfermagem frente ao processo de medicação. A partir de um levantamento acerca da legislação vigente, os autores realizam considerações sobre as implicações legais que incidem sobre os profissionais de enfermagem, especialmente aquelas relacionadas aos desvios na qualidade da assistência e que envolvem a medicação, bem como sobre as contradições que a legislação apresenta e que cerceiam o acesso às informações sobre os medicamentos a esses profissionais.El presente articulo trata de los deberes y responsabilidades de los profesionales de enfermería adelante al proceso de medicación. A partir de una revisión de la legislación vigente, los autores hicieran consideraciones acerca de las implicaciones legales que pueden incidir en los profesionales de enfermería, especialmente aquellas relativas a los desvíos en la calidad de la asistencia y que envuelven la medicación, así como las contradicciones que la legislación presenta y que cercean el acceso a las informaciones sobre los medicamentos por parte de eses profesionales.This article treats of the duties and responsibilities of nursing staff concerning medication process. From a survey about the valid legislation, the authors made considerations about the legal implications to the nursing staff, especially related to the assistance quality detours involving the medication process, as well as the contradictions in law that restrict the information access about medication to these professionals.

  17. SOCIAL LEGAL TRANSFORMATION OF PAKISTAN

    Directory of Open Access Journals (Sweden)

    Sohaib Mukhtar

    2015-07-01

    Full Text Available Pakistan came into being in 1947. It struggled a lot during its initial days. It did not come to consensus to make a constitution until 1956 but later on military regime intervened. It is a drawback of Pakistan that laws and the constitution are not made indeed for its people rather they are made for the selfish elite who come into the power time to time without the support of the people. An unelected person cannot make a law for the betterment of the people he always do things for his own interest. Purpose - To point out weaknesses and hindrances in the social legal transformation of Pakistan and to recommend changes and best possible ways to build a highly social legal transformed society. Design/methodology/approach - The treatise is made taking into account the qualitative approach by looking into the historical prospect of social legal issues of Pakistan and to come to a conclusion to draw a better picture if followed the suggested steps. Findings - The paper includes the review of the history and weaknesses in legal transformation and comprehensive suggested steps to be followed to overcome the weaknesses and deficiencies. Research limitations/implications - The paper is limited to the social and legal aspects of the transformation in Pakistan and does not go into the deep details of politics and culture. Practical implications - Suggested steps can be followed by the legislature to make amendments in laws and to make more suitable laws which is a necessity for the better social transformation of Pakistan. Originality/Value - The research is a good piece and has an importance in its field and may help a lot in the development of the country and the region specially and the world at large generally. Keywords: Islamic rulers of the sub-continent; British India and its laws; Constitution of Pakistan 1956,1962 and 1973. Research type: The said research is a critical analysis on the development and transformation of Pakistan with respect to law

  18. Aspectos legales del uso de drogas ilícitas en México Aspectos legais do uso de drogas ilícitas no México Illegal aspects of illicit drugs use in Mexico

    Directory of Open Access Journals (Sweden)

    Ruth Magdalena Gallegos Torres

    2009-01-01

    Full Text Available El objetivo del estudio fue conocer las opiniones de un grupo de personas sobre aspectos legales en materia de adicción. Se trata de un estudio descriptivo transversal; se aplicó una encuesta estructurada, formada por 4 apartados. Uno de los criterios para participar fue que la persona no consumiera drogas y que conociera a alguien cercano que las consumía. Los datos obtenidos se procesaron en el paquete estadístico SPSS V. 14. Participaron 100 sujetos, en el cual, 75% eran del género femenino, 38% tenían una relación de amistad con un usuario de drogas ilícitas, el cual consumía mayoritariamente marihuana y cocaína. Como opinión general, se sugiere que las leyes sean más rigurosas para quienes consumen, venden o transportan drogas. Las leyes actuales no mejoran la conducta criminal de los consumidores. Es importante realizar otros estudios, de opinión sobre este fenómeno, que puedan ofrecer una visión más real del problema de las drogas.Este estudo teve como objetivo conhecer as opiniões de um grupo de pessoas sobre questões jurídicas no domínio dos vícios. É estudo transversal, descritivo. Para o levantamento, foi utilizado um questionário estruturado com quatro temas. Um dos critérios para a participação era de que a pessoa não usasse drogas e que tivesse alguém próximo que usasse. Os dados foram processados usando SPSS V. 14. Participaram 100 indivíduos, dos quais 75% eram do sexo feminino, 38% tinham relação amigável com um usuário de drogas ilícitas, principalmente consumidores de maconha e cocaína. Como opinião geral sugeriram que as leis deviam ser mais punitivas para aqueles que consomem, vendem ou transportam drogas. As leis vigentes não melhoram o comportamento criminoso dos consumidores. É importante conduzir estudos de opinião sobre o fenômeno para que se possa ter visão mais realista do problema do consumo de droga.The objective of this cross-sectional, descriptive study was to obtain the

  19. Legal Services: The Army Legal Assistance Program

    Science.gov (United States)

    2007-11-02

    legal services providedpro bono publico are not always on a no-fee basis because a reduced fee for professional services may be permissible in such...y f o u n d w i t h i n a p r i n c i p a l residence. Pro bono publico Legal services provided by civilian attorneys “for the public good or welfare...business activities, 3–6, 3–8 P r i v i l e g e , a t t o r n e y - c l i e n t , 3 – 8 , 4 – 3 , 4 – 8 , 5–5 Prisoners, 2–5 Pro bono publico , 3–7

  20. Legal duties to respect abortion choices.

    Science.gov (United States)

    Dickens, Bernard M

    2003-01-01

    This paper addresses legal protection of individual choices to obtain abortion services, to decline to perform abortions on grounds of religious objection, and to participate in these procedures. It considers legal duties to respect women as decision-makers in their own lives, including when they decide to continue pregnancy. The choice to decline participation in abortions is an aspect of religious freedom available to physicians, nurses, and, for instance, pharmacists, but not artificial legal persons such as hospital and clinic corporations. Refusal does not extend to ancillary functions such as serving meals, routine pre-operative and post-operative care of abortion patients or typing abortion referral letters. Physicians practising in proximate care must be trained in appropriate medical management of incomplete and threatened abortion even when they would refuse to apply such techniques to induce abortion.

  1. PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2016-02-01

    Full Text Available The authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers

  2. Legal Protections for Privacy

    Science.gov (United States)

    Leslie, David W.

    1977-01-01

    Individual interest in privacy is a multiple legal issue, roughly divided into four parts according to different types of law: constitutional, statutory, administrative, and common law. Policy implications of this issue for institutions are discussed. (Editor/LBH)

  3. Old Assyrian Legal Practices

    DEFF Research Database (Denmark)

    Hertel, Thomas Klitgaard

    This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East.......This work presents a comprehensive analysis of legal practices and dispute processing in Old Assyrian society c. 1950-1800 B.C. in the ancient Near East....

  4. Euthanasia: the legal issues.

    Science.gov (United States)

    Chaloner, C; Sanders, K

    The legal status of euthanasia is frequently deliberated. It remains unlawful in Britain and advocates for a change in the law are vigorously opposed by those who argue that it should remain unchanged. An objective account, in which current law and arguments for and against change are exposed, is essential to inform the euthanasia debate. In this article the legal issues concerning euthanasia are examined and arguments raised by proposed changes in the law are considered.

  5. FINANCIAL AND LEGAL RELATIONSHIP AND THE LEGAL REGULATION

    Directory of Open Access Journals (Sweden)

    Tkebuchava Yekaterina Bezhanovna

    2013-04-01

    Full Text Available This article considers the problems of financial and legal relationship and legal regulation. The financial activities of the state can not be carried out beyond the legal relations. Financial relations are expressed outwardly in the forms that are identified by the state as it is connected with the fact of its existence. With the help of law the state in the financial sphere determines and sets the types of budget revenues, taxation procedures, methods of currency use, etc. Administrative and legal regulation of financial relations is made up of such components as financial and legal relationships and legal regulation. This is why the concepts of "legal effect" and "legal regulation" come to the fore. According to the author, the term "legal regulation" and "legal effect" are not identical and have different meanings. Therefore it is necessary to distinguish between the "regulation" and "effect". This would eliminate naming the same thing with different words.

  6. Legal aspects of end-of-life decisions in Italy: the penal relevance of the limitation of treatment in the terminally ill and the problem of causality by omission. The legal puzzle of end-of-life care in Italy: is therapeutic limitation in the terminally ill patients a crime of omission liable to prosecution?

    Science.gov (United States)

    Fabris, E P; Piccinni, M

    2008-01-01

    The interruption of life support poses different problems for he who interrogates himself regarding the possible juridical role of omissible behaviour or activities by part of the physician when dealing with end-of-life interventions within the boundary of life and death. The present contribution proposes to trace the coordinates necessary to answer the main query regarding the obligations which may be incumbent on the physician. For this reason, the necessity to interpret the legal sanctions in a technical key is highlighted. This is performed in sight of a progressive and inevitable adaptation to problems which are the result of a social evolution, and to the conception of values which constitute an object responsibility, as renewed by the constitution. The laws that discipline crimes against life and individual integrity must be interpreted while keeping in mind that the objective of maintaining the patient in life must be integrated with the control of suffering and the guarantee of a dignified death. When identifying the principles which have to inspire the decisions during 'borderline or boundary situations', it is highlighted the way the physician has to resort to a just equilibrium between benefit, which can be reasonably expected, and sacrifice, which should be imposed, taking into consideration the criteria of good clinical practice, among which attention to the patient's will must be taken into consideration.

  7. Aspectos ético-legais da retirada e transplante de tecidos, órgãos e partes do corpo humano Aspectos ético-legales de la retirada y transplante de tejidos, organos y partes del cuerpo humano Legal-ethical aspects of the removal and transplantation of tissues, organs and parts of the human body

    Directory of Open Access Journals (Sweden)

    Elenice Dias Ribeiro de Paula Lima

    1997-10-01

    Full Text Available As autoras fazem uma análise crítica da legislação em vigor relativa aos transplantes de órgãos, tecidos e partes do corpo humano, e tecem comentários sobre os artigos pertinentes a eles nos respectivos códigos de ética médica e da enfermagem, alertando os profissionais de enfermagem para a necessidade de registrarem as infrações cometidas contra o cliente, à luz desses códigos.Las autoras hacen un analisis crítico de la legislación en vigor referente a los transplantes de órganos, tejidos y partes del cuerpo humano y hacen comentarios sobre los artículos pertinentes a ellos en los respectivos códigos de ética médica y de enfermería, alertando a los profesionales de enfermería sobre la necesidad de registrar las transgresiones hechas contra el cliente, a la luz de esos códigos.The authors analise critically the current legislation related to the transplantation of organs, tissues and parts of the human body, as well as they comment the articles which refer to this topic and which are found in medical and nursing ethical codes, advising nursing professionals to the need of registration of legal infractions attempted against the clients.

  8. [Legal consequences in cases of child abuse].

    Science.gov (United States)

    Clauß, D; Richter, C; Klohs, G; Heide, S

    2013-09-01

    Medical child protection includes besides interdisciplinary diagnostics and treatment of physical and psychological symptoms also a discussion that looks at the ensuing legal consequences.This study analyses 21 criminally investigated cases of suspected child abuse from a 2 year study period and compares severity of injury to legal outcome.7 of those 21 criminal proceedings were already dropped by the prosecution and never went to trial. 4 of the 8 cases that led to a trial ended with a conviction. In all of the 4 cases that resulted in an acquittal the judges had been convinced that the child had been abused but found themselves unable to exactly identify the perpetrator. Our study's cases did not show a positive correlation between severity of injury and legal outcome.Diagnosing and treating children and minors within the context of medical child protection should always also include the ques-tion of possible legal consequences. The judicial process in cases of serious child abuse requires high medical expertise. Such expertise particularly includes the ability to determine the time of injury as exactly as possible and to provide precise written documentation of any medical findings. However, our study also shows that medical assessment is only one of many aspects in the legal response to child abuse.

  9. Legal method in danish law

    DEFF Research Database (Denmark)

    Blume, Peter Erik

    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...

  10. [Drugs legalization and public health].

    Science.gov (United States)

    Laranjeira, Ronaldo

    2010-05-01

    The objective of this article is to: (1) evaluate the rationality and opportunity of this debate; (2) try to establish links with legal drugs; (3) evaluate the available data on the effect of legalization of a drug; and (4) propose an alternative drug police based on clear objectives to be reached; (5) describe how Sweden is dealing with the theme of drugs restriction as a social care. Methodologically the text constitutes in a summary of readings and elaborations of the author, placed to incite a discussion. It is concluded that four aspects need to be taken into consideration when a drug police of a country is analyzed, they are: (1) external factors influence the police: international agreements, health and social assistance police, individual rights, authority and autonomy of physicians and other professionals; (2) the objective established influence formal polices and its implementation; (3) the symbolic influence that excels the implementation. Influent people make declarations that strongly reach the legitimacy and adhesion to actions; (4) formal polices and their implementation receive direct influence to socially perceived damages by the drugs use, which could be independent of the real level of its use in a determined society.

  11. Nominal aspect

    DEFF Research Database (Denmark)

    Rijkhoff, Jan

    1991-01-01

    In a general way the notion 'aspect' can be defined as the way in which a property or relation is represented in some dimension. Two kinds of aspect can be distinguished: verbal and nominal aspect. The study of verbal aspect has a long tradition, but nominal aspect has only been introduced recently......, at least in the sense in which it is used here (Rijkhoff 1989b, 1990a, 1990b). After a brief look at the more familiar verbal aspects, each of the nominal aspects is discussed in some detail. Then the relevance of nominal aspect will be considered in connection with (i) certain 'number markers' (which...... will be analysed as nominal aspect markers below), (ii) noun-incorporation, and (iii) predicate nouns....

  12. Centriolar satellites

    DEFF Research Database (Denmark)

    Tollenaere, Maxim A X; Mailand, Niels; Bekker-Jensen, Simon

    2015-01-01

    Centriolar satellites are small, microscopically visible granules that cluster around centrosomes. These structures, which contain numerous proteins directly involved in centrosome maintenance, ciliogenesis, and neurogenesis, have traditionally been viewed as vehicles for protein trafficking...... highlight newly discovered regulatory mechanisms targeting centriolar satellites and their functional status, and we discuss how defects in centriolar satellite components are intimately linked to a wide spectrum of human diseases....

  13. Satellite theory

    Science.gov (United States)

    Kozai, Y.

    1981-04-01

    The dynamical characteristics of the natural satellite of Mars, Jupiter, Saturn, Uranus and Neptune are analyzed on the basis of the solar tidal perturbation factor and the oblateness factor of the primary planet for each satellite. For the inner satellites, for which the value of the solar tidal factor is much smaller than the planetary oblateness factor, it is shown that the eccentricity and inclination of satellite orbits are generally very small and almost constant; several pairs of inner satellites are also found to exhibit commensurable mean motions, or secular accelerations in mean longitude. In the case of the outer satellites, for which solar perturbations are dominant, secular perturbations and long-period perturbations may be derived by the solution of equations of motion reduced to one degree of freedom. The existence of a few satellites, termed intermediary satellites, for which the solar tidal perturbation is on the order of the planetary oblateness factor, is also observed, and the pole of the orbital plane of the satellite is noted to execute a complex motion around the pole of the planet or the orbital plane of the planet.

  14. Solar energy legal bibliography. Final report. [160 references

    Energy Technology Data Exchange (ETDEWEB)

    Seeley, D.; Euser, B.; Joyce, C.; Morgan, G. H.; Laitos, J. G.; Adams, A.

    1979-03-01

    The Solar Energy Legal Bibliography is a compilation of approximately 160 solar publications abstracted for their legal and policy content (through October 1978). Emphasis is on legal barriers and incentives to solar energy development. Abstracts are arranged under the following categories: Antitrust, Biomass, Building Codes, Consumer Protection, Environmental Aspects, Federal Legislation and Programs, Financing/Insurance, International Law, Labor, Land Use (Covenants, Easements, Nuisance, Zoning), Local Legislation and Programs, Ocean Energy, Patents and Licenses, Photovoltaics, Solar Access Rights, Solar Heating and Cooling, Solar Thermal Power Systems, Standards, State Legislation and Programs, Tax Law, Tort Liability, Utilities, Warranties, Wind Resources, and General Solar Law.

  15. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  16. 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)

  17. Roundtable: Legal Abortion

    Science.gov (United States)

    Guttmacher, Alan F.; And Others

    1971-01-01

    A roundtable discussion on legal abortion includes Dr. Alan F. Guttmacher, President of The Planned Parenthood Federation of America, Robert Hall, Associate Professor of Obstetrics and Gynecology at Columbia University College of Physicians and Surgeons, Christopher Tietze, a diretor of The Population Council, and Harriet Pilpel, a lawyer.…

  18. 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...

  19. 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.

  20. 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)

  1. Building evidence for legal decision making in real time: legal triage in public health emergencies.

    Science.gov (United States)

    Hodge, James G; Lant, Timothy; Arias, Jalayne; Jehn, Megan

    2011-09-01

    Similar to the triaging of patients by health care workers, legal and public health professionals must prioritize and respond to issues of law and ethics in declared public health emergencies. As revealed by the 2009-2010 H1N1 influenza outbreak and other events, there are considerable inconsistencies among professionals regarding how to best approach these issues during a public health emergency. Our project explores these inconsistencies by attempting to assess how practitioners make legal and ethical decisions in real-time emergencies to further critical public health objectives. Using a fictitious scenario and interactive visualization environment, we observed real-time decision-making processes among knowledgeable participants. Although participants' decisions and perspectives varied, the exercise demonstrated an increase in the perception of the relevance of legal preparedness in multiple aspects of the decision-making process and some key lessons learned for consideration in future repetitions of the exercise and actual, real-time emergency events.

  2. [The social and medicolegal aspects of maternal request or non-medically indicated cesarean section].

    Science.gov (United States)

    Fisher, Menachem; Shrem, David; Solt, Ido

    2013-07-01

    Patient choice cesarean or cesarean by maternal request/ demand is a controversial issue. The medical literature contains evidence based data on the medical aspects of patient choice cesarean, risks and benefits to the mother and her newborn. Fewer studies focused on the social and legal aspects of patient choice cesarean. This opinion paper discusses the social and legal aspects of patient choice cesarean.

  3. 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.

  4. Flying High: The Aeromedical Aspects of Marihuana

    Science.gov (United States)

    A summary of the discussions from the Civil Aeromedical Institute Symposium on aeromedical aspects of marihuana is presented. The invited panel...discussed the legal aspects of marihuana use and aviation, the experiences of military aviation, and the acute and chronic effects of the drug. For civil...aviation, the panel proposed a 12-16 hour period between marihuana use and work in aviation, no radical changes in FAA policy towards marihuana use, and additional research on aeromedical aspects of marihuana .

  5. Theory of satellite geodesy applications of satellites to geodesy

    CERN Document Server

    Kaula, William M

    2000-01-01

    The main purpose of this classic text is to demonstrate how Newtonian gravitational theory and Euclidean geometry can be used and developed in the earth's environment. The second is to collect and explain some of the mathematical techniques developed for measuring the earth by satellite.Book chapters include discussions of the earth's gravitational field, with special emphasis on spherical harmonies and the potential of the ellipsoid; matrices and orbital geometry; elliptic motion, linear perturbations, resonance, and other aspects of satellite orbit dynamics; the geometry of satellite obser

  6. Medicolegal aspects of iatrogenic root perforations

    DEFF Research Database (Denmark)

    Tsesis, I; Rosen, E; Bjørndal, L

    2014-01-01

    AIM: To retrospectively analyze the medico-legal aspects of iatrogenic root perforations (IRP) that occurred during endodontic treatments. METHODOLOGY: A comprehensive search in a professional liability insurance database was conducted to retrospectively identify cases of IRP following root canal...... treatment (p root perforation is a complication of root canal treatment and may result in tooth extraction...... and in legal actions against the treating practitioner. Mandibular molars are more prone to medico-legal claims related to root perforations. The patient should be informed of the risks during RCT and should get information on alternative treatments and their risks and prognosis...

  7. 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.

  8. 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 expl

  9. 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.

  10. 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.

  11. Equalization of Legal Status with Respect to Gender

    Directory of Open Access Journals (Sweden)

    Nadezhda Tarusina

    2016-01-01

    Full Text Available This article discusses the current trends in Russian legal doctrine and legislation on aligning the legal status of women and men, taking into account the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights.It analyzes and critically reflects upon the gender aspects and content of those branches of Russian law in which such aspects are most clearly represented, either objectively or by tradition – techniques for gender neutralization of legal norms, the establishment of gender privileges and gender restrictions in legal status.Constitutional law: the basic premise of gender equality, preferential treatment for certain categories of citizens, gender limitations; problems of quotas for women’s representation in government, administration and other structures, provisions for women’s representation in party electoral lists, etc.Criminal Law: trends in the gender neutralization of crimes of a sexual nature while maintaining criminal responsibility for offenses against pregnant women, etc.; gender neutralization of preferential treatment in the punishment of persons with children.Family Law: Russia’s traditional view of marriage and parenthood; privileges for women in the divorce process, disputes about children, maintenance obligations; gender restrictions on adoption, assisted reproductive technologies; variants of gender neutralization of some family law norms.Labor law: the preservation of absolute protection of the rights and interests of pregnant women and mothers of young children; the trend for gender neutralization of the legal status of parents of young children; continued restrictions on women’s access to certain areas of work.Analysis of the legal positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights shows that on a number of gender equality aspects in Russian legislation and law enforcement practice, the views of these

  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. Immigrant health: legal tools/legal barriers.

    Science.gov (United States)

    Moua, Mee; Guerra, Fernando A; Moore, Jill D; Valdiserri, Ronald O

    2002-01-01

    The United States is a country of immigrants, our government having been formed by recent arrivals. This trend has continued throughout our history; according to the Center for Immigration Studies, more than 26 million immigrants have settled in the United States since 1970, and approximately one million new immigrants come to the United States each year. The immigrant population faces highly diverse health issues that states, cities, and counties must address, many of which pose significant legal and policy issues. Social, cultural, and linguistic factors complicate those challenges, as does the overlay of federal immigration and health policy. Two federal laws, the Welfare Reform Act of 1996 and Title VI of the federal Civil Rights Act of 1964, have affected immigrants in two very different ways. The former made it difficult for immigrants to qualify for publicly funded benefits. In contrast, Title VI made it easier for immigrants to obtain benefits by requiring federally funded service providers to offer translating services to persons with limited English language skills. Tuberculosis treatment is perhaps the most pressing health need among recent arrivals to the United States. Methods to slow down and hopefully eliminate this disease are underway, but a more comprehensive approach to not only tuberculosis but to immigrant health in general is needed. Indeed, it will benefit those directly affected by tuberculosis and will have serious implications for the entire population for generations to come.

  14. Legal Assistance Guide: Wills

    Science.gov (United States)

    1990-09-01

    requirements, state living will statutes, state death and gift taxes, and adoption of the Uniform Gifts to Minors Act. Several forms designed to be...health care, and a summary of state living will legislation. Legal assistance attorneys are advised that these state and territorial statutes are subject... state living will statutes is Gelfand, Living Will Statutes: The First Decade, 5 Wis. Law. Rev. 737 (1987). a A recent article addressing the types of

  15. Cultural Dimensions Of Legal Discourse

    Directory of Open Access Journals (Sweden)

    Sierocka Halina

    2014-09-01

    Full Text Available Despite the intention for precision and accuracy, legal discourse is oftentimes complex, archaic and ambiguous - which gives rise to contentious interpretation. Moreover, little or no attention is paid to the cultural dimension of legal discourse, which plays a critical role in the translation and interpretation of legal texts, as well as in the application of law. This paper endeavours to illustrate the impact the culture, or, more precisely, legal culture has on the way legal texts are construed or translated and to present problems which arise in the interpretation, translation and application of law as a result of cultural diversities

  16. Satellite television analogue and digital reception techniques

    CERN Document Server

    Benoit, Herve

    1999-01-01

    Satellite television is part of the lives of millions of television viewers worldwide and its influence is set to increase significantly with the launch of digital satellite television services.This comprehensive reference book, written by the author of the highly successful 'Digital Television', provides a technical overview of both analogue and digital satellite TV. Written concisely and thoroughly, it covers all aspects of satellite TV necessary to understand its operation and installation. It also covers the evolution of satellite television, and contains a detailed glossary of tec

  17. 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.

  18. Satellite Geomagnetism

    DEFF Research Database (Denmark)

    Olsen, Nils; Stolle, Claudia

    2012-01-01

    Observations of Earth’s magnetic field from space began more than 50 years ago. A continuous monitoring of the field using low Earth orbit (LEO) satellites, however, started only in 1999, and three satellites have taken highprecision measurements of the geomagnetic field during the past decade...... ability to characterize and understand the many sources that contribute to Earth’s magnetic field. In this review, we summarize investigations of Earth’s interior and environment that have been possible through the analysis of high-precision magnetic field observations taken by LEO satellites........ The unprecedented time-space coverage of their data opened revolutionary new possibilities for monitoring, understanding, and exploring Earth’s magnetic field. In the near future, the three-satellite constellation Swarm will ensure continuity of such measurement and provide enhanced possibilities to improve our...

  19. [Minor cranial injury: clinical, audiovestibular and medico-legal aspects].

    Science.gov (United States)

    Tripodi, D; D'Ambrosio, L; Palladino, V; Paduano, F

    1989-02-28

    Minor cranial trauma is a common pathology upon which there is no general agreement. This is why the verification and quantification of the damages should not depend on the analysis of subjective data and objective elements which are not quantifiable. By careful clinical and instrumental examination of 42 patients, the authors come to the conclusion that ENG and ABR can often provide objective and documentable data of clinical and forensic relevance.

  20. Legal Aspects of a Location-Based Mobile Advertising Platform

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; Gidofalvi, Gyozo

    2008-01-01

    stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...... to introduce a platform which is in compliance with the provisions imposed by EU law with regard to personal data protection....

  1. Legal aspects of the players’ agents licensing system in football.

    Directory of Open Access Journals (Sweden)

    MARIOS PAPALOUKAS

    2007-01-01

    Full Text Available Sport entities have always tried to protect their autonomy from interventions. This status has been seriously put into question by the authorities of the European Communities and especially by the Court of the European Communities. One of the most recent cases where sport authorities were confronted with European competition law, was about the area of players’ agents licenses. In the present, the reader can find a summary of the famous «Piau Case» (C-171/2005 tackling problems such as whether private organisations like F.I.F.A., whose main statutory purpose is to promote football, have a rule-making power, concerning the issuance of these licenses, taking into consideration that these rules do not have a sport-related object but regulate an economic activity that is peripheral to the sporting activity in question and touch on fundamental freedoms.

  2. Legal aspects of the disclosure of HIV serostatus by educators

    African Journals Online (AJOL)

    Erna Kinsey

    the epidemic is eroding development gains, undermining management .... This Act aims to foster a culture ... actively promote a society in which the people of South Africa have .... learner, student or educator with HIV/AIDS has been divulged must ..... tails recognition of individual autonomy, that all persons should be.

  3. Legal Aspects of Personnel Management in Higher Education.

    Science.gov (United States)

    Kaiser, Michael G.; Greer, Dwight

    1988-01-01

    Reviews legislation and court decisions affecting higher education with respect to labor relations, promotion of minorities, retrenchment, sexual harassment, liability insurance, the impact of AIDS on personnel policies, affirmative action, and equal employment opportunity. (DMM)

  4. [Legal and practical aspects of euthanasia: experiences in The Netherlands].

    Science.gov (United States)

    Visser, Jacob J F

    2008-01-01

    Following a debate of more than 30 years the "Dutch Termination of Life on Request and Assisted Suicide Act" has come into force in 2002. Basically, the termination of life on request will in accordance with the Criminal Code remain punishable. Punishability is precluded if the physician notifies the review committee that he has performed termination of life on request and the committee is of the opinion that the physician has satisfied the due care criteria dictated in the Act. The Public Prosecution Service will not be informed, so the physician cannot be penalized. The review committee is composed of a lawyer, a physician and an expert on ethical issues.

  5. [Informed consent and risk management: medico-legal aspects].

    Science.gov (United States)

    Moreschi, C; Leone, E; Sabot, A

    2010-01-01

    In every relief run, both to the goals of medical performance quality and in the optics of a therapeutic alliance, it is fundamental to create a relationship of trust among the physician and the patient, in which communication assumes a fundamental role. The informed consent is set as an integral part of the sanitary action as conclusive moment of that "therapeutic alliance" fundamental to face in a correct way every illness, and it legitimates the same sanitary action, as it is the demonstration of the constitutionally guaranteed right of patient's autodetermination. The A.O.U.D. of Udine has undertaken a run of accreditation to the Joint Commission International that it foresees a revision of the informative runs and an updating of the forms of informed consent, with the purpose to overcome the traditional physician-patient relationship, recognizing to all the patients an active role in the exercise of the medical action and in the care process. In fact the information must be lived as integral part of the sanitary action, with the awareness that this, private of such a part, would result incomplete and inaccurate, independently from the result. In such optics, the consent form, created absorbing legislative, ethical and deontological principles and jurisprudential orientations, will be illustrated and particular considerations about the type of information that must be given to the patient for treatments effected in day-surgery, will be formulated.

  6. Legal aspects of transboundary movements of spent catalysts

    Energy Technology Data Exchange (ETDEWEB)

    Wuttke, J. [Umweltbundesamt, Dessau (Germany)

    2006-07-01

    Long years of world-wide effort to control transboundary movements of waste, espe-cially waste exports from industrial states to developing countries have led to the establishment of a comprehensive regulatory system, comprised of international, European and national laws that are often revised and modified. The Federal Republic of Germany is a Party State to the Basel Convention and the OECD as well as a Member State of the European Union. (orig.)

  7. Legal aspects of the disclosure of HIV serostatus by educators

    African Journals Online (AJOL)

    Erna Kinsey

    multiplicity of factors. One of ... family or friends and isolation at a time support is of vital importance ... concluded that protection may be found in the law that regulate the ... balance the rights of HIV positive employees and with those of the .... analyse disclosure factors related to the school environment. ..... Rights at work.

  8. Medical, psychologic, and legal aspects of child custody disputes.

    Science.gov (United States)

    Duncan, J W

    1978-07-01

    An increasing number of children seen in pediatric practice are children of divorce. The child is often involved in the conflict between his parents in regard to custody and visitation. The physician will want to be familiar with the historical background of child custody decisions and the present guidelines the courts are using in determining custody and visitation, together with the newer and controversial proposals concerning the elusive concept of "best interests of the child." It is important that the pediatrician recognize the usual phenomenology of the young child's response to family disruption, lest he ascribe it to some fault on the part of the current caretaker. Some children respond to disruption in the family with symptoms that warrant intervention directed toward helping the child. All cases warrant intervention designed to enhance the parenting ability of the custodial parent and to enlist the cooperation of the noncustodial parent to minimize adverse influences on the child's developmental agenda. The physician should be well prepared if he participates in court procedures regarding custody and visitation controversy.

  9. Consumer-related Legal Aspects of the Infromation Society

    DEFF Research Database (Denmark)

    Falch, Morten; Henten, Anders; Skouby, Knud Erik

    1998-01-01

    . Electronic Commerce mediated via the telecommunications network has enabled electronic ordering, electronic purchase and electronic payments. In addition digital goods such as software have no physical appearance and can be subject to electronic distribution. Not all parts of the existing legislation fit...

  10. The Asean Space Organization : legal aspects and feasibility

    NARCIS (Netherlands)

    Noichim, Chukeat

    2008-01-01

    In the 21st century, space activities increasingly affect global society, economy, technology, culture, and the environment. Many countries wish to develop space activities in order to obtain space benefits. However, a lot of them, especially developing countries, face huge obstacles such as lack of

  11. LEGAL ASPECTS OF THE REGULATORY FRAMEWORK FOR CREDIT RATING AGENCIES

    Directory of Open Access Journals (Sweden)

    Oana Mihaela MARIOARA (ORHEIAN

    2014-06-01

    Full Text Available This article makes an analysis of the main regulations used by the credit rating agencies on the financial market. The article describes the main specific legislation on credit rating agencies existing on the market. Credit rating agencies are issuing independent opinions on the reliability of an entity, of a debt, of financial obligations, or of a certain financial instrument. The credit ratings issued by the credit rating agencies established in the European Union are analysed by investors, debtors, issuers and governments, helping all these entities in making any decisions on investments and financing. These ratings may also serve as reference for determining their own funds, necessary to ensure the solvency or reference helping the investors in assessing any risks related to their investment activities. Rating agencies and the products they offer on the international capital market are subject of various researches, which mainly refer to market structure and organization, to the architecture of agencies` s rating systems, to the rating functions, to the controversies concerning rating activity, the role of rating agencies and rating quality.

  12. Pharmaceutical firms' generosity and physicians: legal aspects in Belgium.

    Science.gov (United States)

    Desmet, Christophe

    2003-01-01

    In this article we will examine the relation between physicians and (representatives of) the pharmaceutical industry. More in particular we want to discuss the appropriateness of some of the gifts that are given to physicians by companies in the pharmaceutical (and medical equipment) industry, since there has been growing concern about the potential negative consequences of these so-called 'gift-giving practices'. Although the relation between physicians and industry can result in impressive medical advances, they also create opportunities for bias and can result in unfavourable public perceptions, over-consumption and misuse of public money. First of all, a concise factual summary of the different types of gift-giving will be given, since not every gift can automatically be considered as inappropriate: depending on the extent to which the gift serves a function beneficial to patient care and on whether the same benefits can be realised through less costly promotional activities, gifts can be appropriate. In connection with that remark, we will next outline the positive and negative impact pharmaceutical promotion has on patient welfare, according to advocates as well as opponents of 'gift-giving'. We will not take position in the discussion whether 'gift-giving' is appropriate or not. This paper focuses on the position the (Belgian) legislator, following a European Directive of 1992, takes in this controversy. For the answer to that question the following documents are of crucial importance: the Belgian Law on Medicinal Products of 25 March 1964, the European Council Directive 92/28/EEC of 31 March 1992 on the advertising of medicinal products for human use and the Belgian Crown Order of 7 April 1995 on the advertising of medicinal products for human use. To round up, we will examine how the principles laid down in these documents are being interpreted in the Belgian case-law.

  13. Medico-legal aspect of amphetamine-related deaths

    Directory of Open Access Journals (Sweden)

    Karol Kula

    2014-12-01

    Full Text Available The subject of the work included 41 cases of death in which amphetamine was involved as the direct or indirect cause. Identification and determination of xenobiotics in blood samples collected from post-mortem cases were performed by high-performance liquid chromatography coupled with tandem mass spectrometry with electrospray ionisation (HPLC-ESI-MS-MS. Only for two cases was the cause of death amphetamine poisoning. In most of the investigated cases the death was caused by poisoning due to complex amphetamine and other psychoactive substances (e.g. opiates, benzodiazepines, cocaine. In other cases, multi-organ damage (fall from a height, traffic accident, a puncture wound and wound incised, drowning, or asphyxiation by hanging were reported. It can be explained as risky, murderous, or suicidal actions of people who were under the influence of amphetamines. The presented paper focuses on the interpretation of amphetamine concentration in blood samples from the perspective of direct or indirect cause of death.

  14. M Swanepoel LEGAL ASPECTS WITH REGARD TO MENTALLY ILL ...

    African Journals Online (AJOL)

    user

    Mental illness is a disorder (or a disease) of the mind that is judged by experts to interfere .... disorder. Often associated with the anti-psychiatry movement, he himself rejected the ... psychiatric treatments are ultimately far more damaging than helpful to patients. ... markedly incoherent speech, disorientation and confusion.

  15. Plant varieties protection in the European Union: legal aspects

    Directory of Open Access Journals (Sweden)

    Н. Б. Якубенко

    2015-06-01

    Full Text Available Purpose. Reviewing the EU legislation on plant varie­ties protection including documents of the International Union for the Protection of New Varieties of Plants (UPOV that related to the national laws of its member states. Results. Based on the sources processed, the authors give a brief analysis of the basic EU Council Regulation № 2100/94 of 27 July 1994 on Community plant variety rights and regulations of the European Commission adopted to implement it. Basic copyright concepts, features of plant varieties protection in the EU, including those under the UPOV Convention, are also considered. Conclusions. For Ukraine, obtaining full membership in the EU, on the one hand, requires harmonization of its laws with the re­levant EU legislation, on the other – improvement of the present system of plant varieties protection taking into account national interests of Ukraine.

  16. Active and intelligent food packaging: legal aspects and safety concerns

    NARCIS (Netherlands)

    Dainelli, D.; Gontard, N.; Spyropoulos, D.; Zondervan-van den Beuken, E.; Tobback, P.

    2008-01-01

    'Active and intelligent' (A&I) food packaging is based on a deliberate interaction of the packaging with the food and/or its direct environment. This article presents: (i) the main types of materials developed for food contact; (ii) the global market and the future trends of active and intelligent p

  17. Active and intelligent food packaging: legal aspects and safety concerns

    NARCIS (Netherlands)

    Dainelli, D.; Gontard, N.; Spyropoulos, D.; Zondervan-van den Beuken, E.; Tobback, P.

    2008-01-01

    'Active and intelligent' (A&I) food packaging is based on a deliberate interaction of the packaging with the food and/or its direct environment. This article presents: (i) the main types of materials developed for food contact; (ii) the global market and the future trends of active and intelligent p

  18. Legal and institutional aspects of regulating intermedia pollution

    Energy Technology Data Exchange (ETDEWEB)

    Entman, R.M.

    1980-05-01

    Intermedia pollution is defined here as the creation of new environmental impacts by controlling existing ones. DOE asked four questions: (1) do the major environmental laws address intermedia pollution; (2) does the Environmental Protection Agency (EPA) have rules, regulations, and procedures through which it considers intermedia questions; (3) do the legislative histories of the laws indicate whether Congress intended for the EPA to consider intermedia issues; and (4) in what ways do the existing laws and regulatory procedures exacerbate intermedia pollution. The answer to the first three questions is yes; much of this report is devoted to amplifying and qualifying that response, the rest to answering the fourth question. The report frames these issues by asking how we can control the adverse environmental i.e., intermedia, impacts of EPA itself. A case study of the intermedia implications of recently issued air-pollution standards for coal-fired power plants illustrates the themes concretely. An analysis of policy alternatives for improving intermedia pollution control concludes the study. The major problems impending good intermedia policy decisions are: conflicts among and failures fully to implement environmental laws; political pressures; tendencies of EPA to minimize the adverse environmental consequences of its own actions; uncertainties caused by the rudimentary scientific understanding of intermedia pollution; and limitations on EPA's organizational ability to handle whatever complex intermedia information it does obtain. The final chapter assesses three policy responses to these problems: do nothing new; issue an incremental prod; and a new law and EPA suffice. Evaluation of these alternatives depends on how deficient current practices are thought to be.

  19. Legal Aspects of a Location-Based Mobile Advertising Platform

    DEFF Research Database (Denmark)

    Cleff, Evelyne Beatrix; Gidofalvi, Gyozo

    2008-01-01

    stream. In this article the possibilities of using a location-aware mobile messenger for the purpose of mobile advertising will be introduced. However, mobile advertising may become an extremely intrusive practice if the user's privacy is not taken in account. The objective of this article is therefore...... to introduce a platform which is in compliance with the provisions imposed by EU law with regard to personal data protection....

  20. The Asean Space Organization : legal aspects and feasibility

    NARCIS (Netherlands)

    Noichim, Chukeat

    2008-01-01

    In the 21st century, space activities increasingly affect global society, economy, technology, culture, and the environment. Many countries wish to develop space activities in order to obtain space benefits. However, a lot of them, especially developing countries, face huge obstacles such as lack of

  1. Legal aspects of motor traffic trauma in Sri Lanka

    OpenAIRE

    Clifford Perera

    2016-01-01

    Motor traffic trauma has become a significant denominator of morbidity and mortality statistics in modern Sri Lanka. In 2010, 26,847 were seriously injured, and 2721 people died as a result of road traffic trauma. In 2014, nearly 38,500 road traffic accidents were reported of which 36% were categorized as “critical” with nearly 7% fatalities. Road traffic crashes have increased by 249% between 1977 and 2004. On average, road traffic trauma kills one person in Sri Lanka every 4.5 h. In the 30 ...

  2. Legal aspects of open access to publicly funded research

    NARCIS (Netherlands)

    Guibault, L.; Margoni, T.

    2015-01-01

    Internet growth, content digitisation, and expanding "big data" and data analytics capabilities have affected the ways in which publicly funded research results are accessed, disseminated and used. While these technological advances have made sharing and processing information easier, that does not

  3. Satellite (Natural)

    Science.gov (United States)

    Murdin, P.

    2000-11-01

    In its most general sense, any celestial object in orbit around a similar larger object. Thus, for example, the Magellanic Clouds are satellite galaxies of our own Milky Way galaxy. Without qualification, the term is used to mean a body in orbit around a planet; an alternative term is moon. The term natural satellite distinguishes these bodies from artificial satellites—spacecraft placed in orbi...

  4. Recortes da formação docente da educação superior brasileira: aspectos pedagógicos, econômicos e cumprimento de requisitos legais Contribuciones de la formación de profesores en la enseñanza superior brasileña: aspectos pedagógicos, económicos, y el cumplimiento de los requisitos legales Clippings of Brazilian teachers of higher education: pedagogic aspects, economic, and compliance with legal requirements

    Directory of Open Access Journals (Sweden)

    Giovanni Silva Paiva

    2010-03-01

    the intricate relations between them. Reflects also on the effects of the completion of necessary legal aspects related to the titration to higher education and describes public policies for training, qualification and evaluation of teachers of higher education in Brazil. Seeks to not only raise, but emphasized the need for discussion about the teacher training for the exercise of the teaching in higher educaction.

  5. Exploring the secret history of the legal service of the European Executives, 1952-1967

    DEFF Research Database (Denmark)

    Rasmussen, Morten

    key private archives, consequently constitutes the first attempt to write a history of the legal service of the European executives from 1952 to 1967. With the functions and actions of the legal service being very far from the public spotlight, the story presented here has until now been completely...... the jurisprudence of the Court of Justice. However, it has not yet been able to refute or confirm Stein’s thesis. In fact, our knowledge about the legal service of the European executives (i.e. the legal service of the High Authority from 1952-1958 and the common legal service for all three executives from 1958......-1967) is still fairly limited. Historical literature on the history of the European executives has largely ignored the legal aspects of the European administration and the nature of the legal service. This paper, which is based on until now unused primary sources from the Commission archive as well as several...

  6. [Medical-legal issues of physical and pharmacological restraint].

    Science.gov (United States)

    Gómez-Durán, Esperanza L; Guija, Julio A; Ortega-Monasterio, Leopoldo

    2014-03-01

    The use of physical and pharmacological restraint is controversial but is currently accepted as inevitable. It is indicated for controlling behavioral disorders and psychomotor agitation that put patients and third parties at risk. Its indication should be medical, and we should opt for the least restrictive measure. Restraints represent a possible infringement of patients' fundamental rights and require understanding and strict respect for the medical-legal precepts by physicians and other practitioners involved in its application. This article reviews the current legal framework, as well as the medical-legal premises and aspects of applying restraints, with the objective of ensuring maximum respect for patients' rights and the appropriate legal safety in the activity of practitioners. Copyright © 2014 Elsevier España, S.L. All rights reserved.

  7. Retroactive Legal Changes and Revision Theory in Defeasible Logic

    Science.gov (United States)

    Rotolo, Antonino

    In earlier works, we used Defeasible Logic to argue that techniques from belief and base revision encounter a number of difficulties in modelling legal dynamics. In particular, we showed that these techniques are not suitable when legal changes are retroactive. This suggested to adopt a different logical model able to express two main timelines, one internal to a given temporal version of the legal system, and another relative to how the legal system evolves over time. In this paper, we adjust our view and show that, under some restrictions, ideas from base revision, if applied to Defeasible Logic or to similar rule-based systems, can indeed capture some significant aspects of annulments, abrogations, and derogations.

  8. 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.

  9. Aspek Legal Penguasaan Hutan oleh Mukim

    Directory of Open Access Journals (Sweden)

    Husin Taqwaddin

    2010-04-01

    Full Text Available ABSTRACT: Mukim is one of the unique structure in Governance of Aceh, in which it is federation from several Gampong (village which exist since Islam Religious lesson came to Aceh region. Therefore Mukim has long path story, it resulted authority and authority of Mukim in the past has already sufficient known and obeyed by the people who stayed in the Mukim area.  Mukim has authority toward all of its territory, in the land and also in the sea. In the lagal aspect, Mukim since past until nowadays has the power basis or legal jurisdiction toward the Forrest in each Mukim area. The forrest exist in the Mukim area measured by the requirement go and back for a day, it is understood by the Mukim community as Uteun Mukim in which it is also called as rights of Kullah (Uteun Potallah. So terminology of Uteun Mukim is equivalent with Customary Forrest (hutan adat in the Indonesia’s of national law.  In the managerial aspect, in the Forrest management affair, the roles and responsibilities in the Mukim area are led by the customary chief of Forrest (Panglima Uteun or Pawang Glee. The management and using of the customary forest of Mukim almost always has coordination Imuem Mukim with Pawang Glee and also Petua Seunebok.   Legal Aspect of the Forest Management by Mukim

  10. 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

  11. 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

  12. SaVi: satellite constellation visualization

    CERN Document Server

    Wood, Lloyd

    2012-01-01

    SaVi, a program for visualizing satellite orbits, movement, and coverage, is maintained at the University of Surrey. This tool has been used for research in academic papers, and by industry companies designing and intending to deploy satellite constellations. It has also proven useful for demonstrating aspects of satellite constellations and their geometry, coverage and movement for educational and teaching purposes. SaVi is introduced and described briefly here.

  13. Indigenous Legal Translators: Challenges of a University Program for the Maya of Guatemala.

    Science.gov (United States)

    Herrera Pena, Guillermina; Raymundo, Jorge Manuel

    1998-01-01

    Guatemala is overhauling its justice system to be more congruent with its indigenous reality. A Rafael Landivar University program trains indigenous legal translators not only in legal and linguistic aspects, but also in strengthening indigenous identity and student commitment to the community. Challenges and future plans are described. A former…

  14. The legal and ethical framework governing Body Donation in Europe - 1st update on current practice

    NARCIS (Netherlands)

    Riederer, B.M.; Bolt, S.H.; Brenner, E.; Bueno-López, J.L.; Circulescu, A.R.M.; Davies, D.C.; Caro, R. de; Gerrits, P.O.; McHanwell, S.; Pais, D.; Paulsen, F.; Plaisant, O.; Sendemir, E.; Stabile, I.; Moxham, B.J.

    2012-01-01

    Previously, we have reported on the legal and ethical aspects and current practice of body donation in several European countries, reflecting cultural and religious variations as well as different legal and constitutional frameworks. We have also established good practice in body donation. Here we s

  15. The legal and ethical framework governing Body Donation in Europe - 1st update on current practice

    NARCIS (Netherlands)

    Riederer, B.M.; Bolt, S.H.; Brenner, E.; Bueno-López, J.L.; Circulescu, A.R.M.; Davies, D.C.; Caro, R. de; Gerrits, P.O.; McHanwell, S.; Pais, D.; Paulsen, F.; Plaisant, O.; Sendemir, E.; Stabile, I.; Moxham, B.J.

    2012-01-01

    Previously, we have reported on the legal and ethical aspects and current practice of body donation in several European countries, reflecting cultural and religious variations as well as different legal and constitutional frameworks. We have also established good practice in body donation. Here we

  16. The duty to consult and legal obligations

    Energy Technology Data Exchange (ETDEWEB)

    Carpenter, A.W. [Lawson Lundell Lawson and MacIntosh, Calgary, AB (Canada)

    2002-07-01

    Aboriginal law in Canada has been evolving and industry is beginning to engage in the change. This presentation describes the legal aspects regarding Aboriginal rights and the duty to consult First Nations regarding treaty rights. The implications for First Nations and industry are described. Aboriginal peoples of Canada include the Indian, Inuit and Metis populations. Aboriginal titles exist, therefore they are constitutionally protected. The paper describes recent decisions regarding the Mikisew Cree First Nation versus Canada, the Taku River Tlinget versus Ringstad, and the Haida Nation versus British Columbia and Weyerhaeuser.

  17. Formal aspects of resilience

    Directory of Open Access Journals (Sweden)

    Diana-Maria Drigă

    2015-12-01

    Full Text Available The concept of resilience has represented during the recent years a leading concern both in Romania, within the European Union and worldwide. Specialists in economics, management, finance, legal sciences, political sciences, sociology, psychology, grant a particular interest to this concept. Multidisciplinary research of resilience has materialized throughout the time in multiple conceptualizations and theorizing, but without being a consensus between specialists in terms of content, specificity and scope. Through this paper it is intended to clarify the concept of resilience, achieving an exploration of the evolution of this concept in ecological, social and economic environment. At the same time, the paper presents aspects of feedback mechanisms and proposes a formalization of resilience using the logic and mathematical analysis.

  18. International perspectives on the legal environment for selection

    NARCIS (Netherlands)

    Myors, B.; Lievens, F.; Schollaert, E.; van Hoye, G.; Cronshaw, S.F.; Mladinic, A.; Rodríguez, V.; Aguinis, H.; Steiner, D.D.; Rolland, F.; Schuler, H.; Frintrup, A.; Nikolaou, I.; Tomprou, M.; Subramony, S.; Raj, S.B.; Tzafrir, S.; Bamberger, P.; Bertolino, M.; Mariani, M.; Fraccaroli, F.; Sekiguchi, T.; Onyura, B.; Yang, H.; Anderson, N.; Evers, A.; Chernyshenko, O.; Englert, P.; Kriek, H.J.; Joubert, T.; Salgado, J.F.; König, C.J.; Thommen, L.A.; Chuang, A.; Sinangil, H.K.; Bayazit, M.; Cook, M.; Shen, W.; Sackett, P.R.

    2008-01-01

    Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged," (b) whether research documents mean differences between groups on individual dif

  19. [Medical attitude and legal concepts about some patient rights].

    Science.gov (United States)

    López de la Peña, X A

    1995-01-01

    To explore medical attitudes toward some patient rights and some legal aspects involving medical practice in Mexico. Prospective, transversal and nonrandomized study using a multiple choice survey of 12 questions. An urban general hospital in the city of Aguascalientes, Mexico. Seventy five physicians at the beginning of a specialty medical residency. They covered four areas: the patient's right to decide, the medical attitude of benefit to the patient above all considerations, the patient's capacity to make decisions, and some legal aspects of medical practice. 34% of the physicians gave the patient the right to decide, 34% were opposed, and 32% referred it to a third person; 26% showed a benevolent attitude to the patient, 69% did not and 5% referred it; 73% recognized the patient's capacity of decision and 27% did not; only 40% knew about legal aspects of medical practice. This study suggests an important lack of knowledge of the Mexican physicians in regard to patient rights and to legal aspects in medical practice.

  20. International perspectives on the legal environment for selection

    NARCIS (Netherlands)

    Myors, B.; Lievens, F.; Schollaert, E.; van Hoye, G.; Cronshaw, S.F.; Mladinic, A.; Rodríguez, V.; Aguinis, H.; Steiner, D.D.; Rolland, F.; Schuler, H.; Frintrup, A.; Nikolaou, I.; Tomprou, M.; Subramony, S.; Raj, S.B.; Tzafrir, S.; Bamberger, P.; Bertolino, M.; Mariani, M.; Fraccaroli, F.; Sekiguchi, T.; Onyura, B.; Yang, H.; Anderson, N.; Evers, A.; Chernyshenko, O.; Englert, P.; Kriek, H.J.; Joubert, T.; Salgado, J.F.; König, C.J.; Thommen, L.A.; Chuang, A.; Sinangil, H.K.; Bayazit, M.; Cook, M.; Shen, W.; Sackett, P.R.

    2008-01-01

    Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged," (b) whether research documents mean differences between groups on individual

  1. Medical safety in boxing: administrative, ethical, legislative, and legal considerations.

    Science.gov (United States)

    Schwartz, Michael B

    2009-10-01

    The roles and responsibilities of the ringside physician are complex and have evolved into a unique specialty in sport medicine. In addition to the medical aspects of ringside medicine, the doctor is now responsible for many administrative, ethical, and legal considerations. This article reviews and details the numerous roles the ringside physician plays in the sport of boxing.

  2. [Uterine subrogation: medical and legal aspects of the first legally supported case in Argentina].

    Science.gov (United States)

    Urquiza, M Fernanda; Carretero, Inés; Quaini, Fabiana Marcela; Inciarte, Florencia; Pasqualini, R Agustín; Pasqualini, R Sergio

    2014-01-01

    A woman aged 38 was referred to this center for surrogacy treatment, after subtotal ablation of her uterus due to a severe postpartum hemorrhage. Her hormonal profiles and ovarian structure were normal. The husband proved fertile and semen analysis was normal. The carrier, a woman 39 years old, fertile with two children of her own, and a long bonding friendship with the patient. After hormonal stimulation with gonadotropins and GnRH antagonist, six mature oocytes were obtained. These originated four embryos after in vitro fertilization, three of which were transferred to the carrier, achieving a singleton pregnancy which led to the birth of a normal child, now more than a year old. A lawsuit was filed after birth requesting the baby be registered with the biological parents name. The judge granted the request based on evidence and testimonies provided, international jurisprudence history and specification in Article 19 of the Argentine Constitution: "No inhabitant of the Nation shall be obliged to do what the law does not demand .nor be deprived of what it does not prohibit". This is an almost ideal example of the proceedings in a case of subrogation. However, we must always bear in mind the fact that in our country there is as yet no regulatory framework for these treatments, therefore there is a high probability of conflict.

  3. 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.

  4. Did Legalized Abortion Lower Crime?

    OpenAIRE

    2001-01-01

    This paper examines the relationship between the legalization of abortion and subsequent decreases in crime. In a current study, researchers estimate that the legalization of abortion explains over half of the recent decline in national crime rates. The association is identified by correlating changes in crime with changes in the abortion ratio weighted by the proportion of the criminal population exposed to legalized abortion. In this paper, I use an alternative identification strategy. I an...

  5. 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 of the i......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...

  6. Biopiracy: about its legal meanings

    National Research Council Canada - National Science Library

    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...

  7. Scientific Satellites

    Science.gov (United States)

    1967-01-01

    followed Hale’s into orbit. In 1879, Jules Verne wrote about launching small satellites with a gun possessing a muzzle velocity of 10 000 m/sec (ref. 3...was activated in 1950.11 It was located only a few tens of miles from the spot where Jules Verne had his Baltimore Gun Club fire a manned projectile to...principle, satellites can be launched by a single impulse applied at the Earth’s surface-say, with a large cannon, & la Jules Verne (sec. 8-3). In

  8. Telecommunications, health care, and legal liability

    Science.gov (United States)

    Levy, Chris

    1990-06-01

    Regulation of health care telecommunications is fragmented in Canada. Further neither the legislative nor the administrative nor the judicial processes have managed to respond successfully to the impact of telecommunications technology. The result is a legal environment that is necessarily speculative for both telecommunications service providers and health care personnel and facilities. Critical issues include ensuring confidentiality for sensitive patient records and health information liability of telecommunications service providers for inaccurate transmission liability of health care providers for use or non-use of telecommunications services. Limitation of legal liability for both telecommunications and health care service providers is likely to be most effective when based on contract but the creation of the necessary contracts is potentially unduly cumbersome both legally and practically. 1. CONSTITUTIONAL ASPECTS Telecommunications systems that are empowered to operate or connect cross provincial or international boundaries are subject to federal regulation bu the scheme is incomplete in respect of a system set up as a provincial agency. Health care on the other hand is very much a matter of provincial rather than federal authority as a matter of strict law but the fiscal strength of the federal government enables it to provide money to the provinces for financing health care and to4 use this as a device for securing compliance with certain federal standards. Nevertheless the political willingness of the federal health authorities to impose standards on the provinces

  9. Indian legal system and mental health

    Science.gov (United States)

    Narayan, Choudhary Laxmi; Shikha, Deep

    2013-01-01

    Although there was a rich tradition of legal system in Ancient India, the present judicial system of the country derives largely from the British system and is based on English Common Law, a system of law based on recorded judicial precedents. Earlier legislations in respect of mental health were primarily concerned with custodial aspects of persons with mental illness and protection of the society. Indian laws are also concerned with determination of competency, diminished responsibility and/or welfare of the society. United Nations Convention for Rights of Persons with Disabilities (UNCRPD) was adopted in 2006, which marks a paradigm shift in respect of disabilities (including disability due to mental illness) from a social welfare concern to a human right issue. The new paradigm is based on presumption of legal capacity, equality and dignity. Following ratification of the convention by India in 2008, it became obligatory to revise all the disability laws to bring them in harmony with the UNCRPD. Therefore, the Mental Health Act – 1987 and Persons with Disability Act – 1995 are under process of revision and draft bills have been prepared. Human right activists groups are pressing for provisions for legal capacity for persons with mental illness in absolute terms, whereas the psychiatrists are in favor of retaining provisions for involuntary hospitalization in special circumstances. PMID:23858251

  10. Discussion of the design of satellite-laser measurement stations in the eastern Mediterranean under the geological aspect. Contribution to the earthquake prediction research by the Wegener Group and to NASA's Crustal Dynamics Project

    Science.gov (United States)

    Paluska, A.; Pavoni, N.

    1983-01-01

    Research conducted for determining the location of stations for measuring crustal dynamics and predicting earthquakes is discussed. Procedural aspects, the extraregional kinematic tendencies, and regional tectonic deformation mechanisms are described.

  11. The role of law as an instrument of communication within legal positivism

    Directory of Open Access Journals (Sweden)

    Claudiu Ramon D. Butculescu

    2015-12-01

    Full Text Available This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.

  12. 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…

  13. 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…

  14. [Medico-legal incidence of instrumental delivery].

    Science.gov (United States)

    Pierre, F; Jousse, M

    2008-12-01

    The aim of this data analysis on medical liability in professional guidelines on instrumental delivery, is to point out the most common difficulties to which obstetricians are exposed, and to discuss some aspects confronted to literature. Firstly, instrumental delivery is replaced in whole labour ward activity by unpublished results of a national enquiry on instrumental delivery concerning 239 337 deliveries during the year 2007. Then, the analysis of 61 data from legal claims in relation with instrumental deliveries between 1995 and 2007, to allow educational lessons. At last, few specific aspects of judicial expert opinion are confronted to literature and discussed: the effects of debriefing after operative childbirth; discussion on decision making and decision-to-delivery intervals. This chapter is concluded by different points on risk management in labour ward, mainly with potential interest of auditable standards and training with computer assisted simulation.

  15. The legal dilemma

    DEFF Research Database (Denmark)

    Pedersen, Karsten

    Plain language changes in the municipality of Stevns In 2014 the municipality of Stevns in Denmark carried out a pilot project to initiate a plain language initiative covering the entire municipality. The pilot project involved a small section of Social Services and dealt with the reformulation...... of a series of letters. The group consisted of the project leader, the section’s head, and five staff members. The staff members went through the letters that they send out to citizens in order to edit them to plain language principles. I followed the process from beginning to end by observing meetings...... language changes aimed at. What to learn from the presentation: •How to design a plain language project •How to include legal advice in a plain language project •How to design a study of plain language changes...

  16. 75 FR 47632 - Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Including Workers Whose...

    Science.gov (United States)

    2010-08-06

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office..., applicable to workers of Thomson Reuters Legal, Legal Editorial Operations, Cleveland Office, Independence... that some workers separated from employment at the Independence, Ohio location of Thomson Reuters...

  17. Medicolegal aspects of medical radiation exposure

    Energy Technology Data Exchange (ETDEWEB)

    Ross, W.M.

    1990-04-01

    This short note, based on an invited paper presented in Radiology '89 at Eastbourne, May 1989, outlines the medico-legal discussion under the following aspects: psychological effects, scarring, stochastic effects giving rise to cancer or fetal abnormalities, and the steps necessary to pursue a medicolegal action. (UK).

  18. 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...... and looks at the overlapping roles of authors as activists, teachers, communicators etc....

  19. 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...

  20. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  1. 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 inequalit......, proxied by the political ideology of the median voter, exerts an independent influence....

  2. 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, legislator

  3. Legal Regime of Shale Gas Extraction

    Directory of Open Access Journals (Sweden)

    Ovidiu – Horia Maican

    2013-12-01

    Full Text Available Some countries with large reserves intend to promote shale gas production, in order to reduce their dependency on imported gas. Shale gas will be an important new aspect in the world energy scene, with many effects.European Union wants secure and affordable sources of energy. Natural gas is the cleanest fossil fuel and a vital component of European Union's energy strategy. One of the most important aspects is that gas produces significantly cleaner energy than other fossil fuels.From a legal point of view, extraction of oil and natural gas is one of the most highly-regulated activities.In European Union, the regulation of shale gas activities is different if we compare with United States. United States has a complete framework of federal and state regulation of shale gas extraction. More than that, these regulations have evolved in order to respond to the United States shale gas boom.Legal regime of shale gas extraction in every member state of European Union must put together national and European Union regulations in this field of activity.

  4. [Psychological aspects of induced abortion].

    Science.gov (United States)

    Sz Makó, Hajnalka; Veszprémi, Béla

    2011-01-01

    The present paper, based on the results of international studies, is focused on the reconsideration of the psychological aspects of induced abortion. By presenting a narrow cross-section of the Hungarian demographic data, we would like to emphasise the necessity and the significance of a deeper understanding of the subject. Factors behind the decision-making, short- and long term outcomes of the intervention influencing primarily the mental health of women and partner-relationship aspects are discussed in details. While acknowledging the complexity of the subject deriving from the legal, ethical, moral, religious, medical, social and sociological concerns, our aim is to call attention to the psychological aspects of induced abortion and the importance of psychological care of women undergoing surgical operation.

  5. Legal protection of pet animals in domestic legislation

    Directory of Open Access Journals (Sweden)

    Vidić-Trninić Jelena

    2012-01-01

    Full Text Available The subject of the author's analysis is the issue of legal protection of pet animals. Through analysis of applicable provisions contained in the Act on Animal Welfare of Serbia, on one hand, and the fundamental principles and provisions set out in the European Convention for the Protection of Pet animals, on the other hand, this paper attempts to point out the degree of legal protection that pet animals are awarded under domestic legal regulations, as well as to answer the question of compatibility of the national legislation with the international standards set out in the mentioned European Convention regarding the above mentioned question. In addition, since the legal protection of pet animals is also regulated by relevant by-laws in our law, the analysis of certain aspects of protection provided to pet animals, specifically the Decision of the city of Novi Sad on keeping of domesticated animals, the paper attempts to draw attention to compliance of the solutions adopted in this legal act, with the fundamental principles of protection, provided to pets by laws or the Act on Animal Welfare of Serbia. Finally, in order to provide a more comprehensive insight in terms of achievement of the legal protection of pets in Serbian law, the paper analyzes the types of unlawful conduct of the owner or the holder of the animals, as well as their respective sanctioning prescribed in specific laws or bylaws.

  6. Renewable energies in the Brazilian legal system: a constitutional vision; As energias renovaveis no ordenamento juridico brasileiro: uma visao constitucional

    Energy Technology Data Exchange (ETDEWEB)

    Lanzillo, Anderson Souza da Silva; Xavier, Yanko Marcius de Alencar [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2009-08-15

    The focus of this article is the inclusion of renewable energy in Brazil under the legal institutional aspect from the Brazilian Constitution of 1988. The legal perspective, set up three central pillars of questions: what questions the renewable energy in Brazil put in the legal treatment of the theme? What constitutional legal instruments for the management of renewable energy? Which legal instruments that would be recommended, as policy instruments, for the inclusion of renewable energy in Brazil? With these questions, we will develop the argument of the text.

  7. Translating Legal Collocations in Contract Agreements by Iraqi EFL Students-Translators

    Directory of Open Access Journals (Sweden)

    Muntaha A. Abdulwahid

    2017-01-01

    Full Text Available Legal translation of contract agreements is a challenge to translators as it involves combining the literary translation with the technical terminological precision. In translating legal contract agreements, a legal translator must utilize the lexical or syntactic precision and, more importantly, the pragmatic awareness of the context. This will guarantee an overall communicative process and avoid inconsistency in legal translation. However, the inability of the translator to meet these two functions in translating the contract item not only affects the contractors’ comprehension of the contract item but also affects the parties’ contractual obligations. In light of this, the purpose of this study was to find out how legal collocations used in contract agreements are translated from Arabic into English by student-translators in terms of (1 purely technical, (2 semi-technical, and (3 everyday vocabulary collocations. For the data collection, a multiple-choice collocation test was used to be answered by 35 EFL Iraqi undergraduate translator-students to decide on the aspects of weaknesses and strengths of their translation, thus decide on the aspects of correction. The findings showed that these students had serious problems in translating legal collocations as they lack the linguistic knowledge and pragmatic awareness needed to achieve the legal meaning and effect. They were also unable to make a difference among the three categories of legal collocations, purely technical, semi-technical, and everyday vocabulary collocations. These students should be exposed to more legal translation practices to obtain the required experience needed for their future career.

  8. EEMA: focus on technical and legal issues of e-business in the European Union

    Directory of Open Access Journals (Sweden)

    Edwin JACOBS

    2005-01-01

    Full Text Available EEMA is Europe's leading independent association for e-Business and promotes collaboration concerning all technical (ICT , legal and business aspects of e-business. EEMA puts the emphasis on today's practical issues. In this respect, EEMA's Legal Intrest Group, headed by Prof. Jos Dumortier, focuses on all legal aspects of e-business, i.a. electronic signature, e-invoice, identity management, security legislation (e.g. Sarbanes Oxley in the EU, privacy, etc. On November 22nd and 23 rd this year EEMA will organise a two day seminar about electronic invoicing and electronic archiving in Brussels.

  9. Cybersecurity threats to satellite communications: Towards a typology of state actor responses

    Science.gov (United States)

    Housen-Couriel, Deborah

    2016-11-01

    Cybersecurity threats to satellite communications are a relatively new phenomenon, yet have quickly come to the forefront of concern for the sustainability of satellite systems due to the vulnerabilities that such threats may exploit and negatively impact. These vulnerabilities are mission-critical: they include launch systems, communications, telemetry, tracking and command, and mission completion. They and other aspects of satellite communications depend heavily on secure and resilient cyber capabilities for all stages of the satellite's lifespan. Because of the inherently global nature of both satellite and cyberspace activities, these capabilities rely significantly on international cooperation for setting a baseline of agreed legal norms that protect satellites and satellite communications. This critical cooperation is relevant during all mission phases, from planning to final wrap-up. Under optimal circumstances, the norms and standards protecting satellites and satellite transmissions are developed and enforced by those nation-state actors that are committed to system operability and overall mission sustainability for those satellites launched under their aegis and responsibility. However, when breaches of international law do occur in the form of hostile cyber events that cause damage to satellite communications, a range of measures should be available to the victim state, provided by the appropriate legal regime or regimes. This article proposes that a comprehensive and integrative multi-stakeholder review be undertaken in the near future of the measures available under international law for responding to hostile acts directed at satellite systems and communications, in a manner that takes into account both existing regimes of international law reviewed herein, as well as considerations of cybersecurity. These measures will depend upon the characterization of hostile interference with satellite transmissions in accordance with a proposed typology of

  10. 法学话语中的法律解释规则%The Legal Interpretation Rules in Legal Discourse

    Institute of Scientific and Technical Information of China (English)

    陈金钊

    2014-01-01

    法律解释方法的核心是法律解释规则,即各种理解、解释和运用法律的规则。几乎所有关于法律解释方法的理论,其目标都是探寻法律解释规则的构建与运用。为了证成这一判断,梳理与不同意识形态相匹配的具体法律方法很有必要。这种概括不是对法律方法纯粹历史的考察,重心在于说明法律解释规则的实践意义。我国的法律方法论研究即将进入第二个发展阶段,即在关注一般理论研究的基础上,开始法律解释规则及其运用研究。这是展现法学理论和法律方法论实用品格的开始。对法律解释规则的认识可以从多个角度展开,重点从法治意识形态、法律方法的进化以及与相近概念的比较三个方面进行诠释。%The core of legal interpretation methods lies in legal interpretation rules , which are used to un-derstand , interpret and apply the law .Nearly all theories on legal interpretation methods set targets on how to construct and use legal interpretation rules .With the purpose of justifying this proposition , it’ s necessary to comb specific legal methods matching with ruling of law in different ideologies and historic periods .The sum-marization is rather focusing on illuminating practical significance of legal interpretation rules than pure historic review.The study on legal methodology in our country has evolved into the second development stage , starting to study on legal interpretation rules and the their application based on researches of general theories , which stands for the emergence of practical feature of jurisprudence and legal methodology .Different perspectives can be used to understand legal interpretation rules , among which three aspects are analyzed in this paper such as , the legal ideology , the evolution of legal methods and the comparison with similar concepts .

  11. [Legal position of non-medical personnel in hospitals].

    Science.gov (United States)

    Kirschner, M H; Nebendahl, M; Russo, S G; Tecklenburg, A; Bauer, M

    2013-05-01

    There are currently many assistant professions in the German healthcare system which have either a more nursing or a more medical character. All these assistant professions have in common that as yet they do not require uniform training criteria but members of these professions undertake some aspects of medical activities. At the center lies the difficulty of more political than legal discussion on whether members of these assistant professions and also nursing personnel are allowed to or should undertake medical activities. This article illuminates the legal status quo.

  12. LEGAL STATUS OF FIRMS – MAIN CONTRIBUTORS TO ROMANIAN PUBLIC BUDGET

    Directory of Open Access Journals (Sweden)

    Mihaela TOFAN

    2014-12-01

    Full Text Available Public expenditure and collection of public resources generate interactions among different subjects of law, natural and legal persons, subjects of public law and private law. These interactions are the main object of the financial regulation, both at domestic and EU level. The legal relations are part of social relations and the companies legally formed are subject to the execution of the financial and fiscal liabilities, which is ensured by the state authority. Financial legal relations are distinguished from other legal relationships by the specific connection that occurs between the contributors and the state authority representative. The subjects involved and the position they have towards each other is subject to regulatory act and, if needed, court of law determination and control. In legal theory, the time of crises determine deep mutation in the legislation in force and the papers shows some of these changes and conclude on some aspects to be improved.

  13. How International is the European Legal Order?

    OpenAIRE

    Besson, Samantha

    2012-01-01

    As Kaarlo Tuori has often emphasized, one of the most important challenges the current legal reality in Europe raises for legal theory lies in the integration of autonomous legal orders applying directly to the same people, hence the impact of this European brand of legal pluralism on traditional legal theories. Indeed, as I have argued elsewhere, what is needed in European legal theory is not only a translation of national concepts into European ones to avoid the dangers of rigid statism and...

  14. A relação profissional-paciente: o entendimento e implicações legais que se estabelecem durante o tratamento ortodôntico The relationship between the dentistry professional and patient: the understanding and legal aspects involved in the orthodontic treatment

    Directory of Open Access Journals (Sweden)

    Rodolfo Francisco Haltenhoff Melani

    2006-12-01

    Full Text Available OBJETIVO: investigar a relação profissional/paciente na área da Ortodontia. Foram analisados os aspectos legais que permeiam o tratamento ortodôntico. METODOLOGIA: a pesquisa foi realizada por meio de dois questionários: um dirigido a 10 profissionais da área de Ortodontia e o outro dirigido a 100 pacientes em tratamento ortodôntico dos respectivos profissionais. RESULTADOS: a análise das respostas obtidas demonstrou que a preocupação estética é a principal motivação que leva os pacientes aos consultórios ortodônticos. Os profissionais acreditam existirem fatores imprevisíveis que podem intervir no desenvolvimento e no resultado do tratamento ortodôntico. Apesar deste fato, 40% dos profissionais asseguram ao paciente o sucesso do tratamento. Para todos os profissionais, o principal meio de defesa do ortodontista frente a um processo de responsabilidade civil é o prontuário completo. Porém, 90% dos entrevistados não possuem em seu prontuário a ficha de procedimentos executados, com as intercorrências anotadas e assinatura do paciente, pressupondo o consentimento do tratamento. Nos contratos escritos de honorários e manutenção foi verificado que 50% dos profissionais formalizavam o registro. CONCLUSÃO: concluiu-se que existe uma preocupação em relação à parte financeira, e os profissionais não vêem a correta execução do prontuário principal como um meio de defesa e tampouco preocupam-se em fornecer informações claras e por escrito aos seus pacientes.AIM: the objective of the present research was to investigate the relationship between the dentistry professional and his/her patient in the orthodontic area. The legal aspects involved in the orthodontic treatments were deeply analyzed. METHODS: this research was developed using two questionnaires: the first one was submitted to ten orthodontics professionals and the second questionnaire to one hundred patients treated by those ten professionals. RESULTS: the

  15. preliminary study of American legal culture

    Institute of Scientific and Technical Information of China (English)

    周杨

    2016-01-01

    This thesis is a preliminary study of American legal culture. Nowadays more and more scholars see the importance of legal culture and do studies on it. The author selects a number of American legal TV plays and movies; analyzes their topics, main characters, and plots; then finds out why United States adopt the legal system; what kind of legal culture it has; and how the legal culture is reflected in those movies and TV plays. The author hopes this thesis can work not only as an insight into the American legal culture, but also a source of reference for china to improve its legal system.

  16. Vocoders in mobile satellite communications

    Science.gov (United States)

    Kriedte, W.; Canavesio, F.; dal Degan, N.; Pirani, G.; Rusina, F.; Usai, P.

    Owing to the power constraints that characterize onboard transmission sections, low-bit-rate coders seem suitable for speech communications inside mobile satellite systems. Vocoders that operate at rates below 4.8 kbit/s could therefore be a desirable solution for this application, providing also the redundancy that must be added to cope with the channel error rate. After reviewing the mobile-satellite-systems aspects, the paper outlines the features of two different types of vocoders that are likely to be employed, and the relevant methods of assessing their performances. Finally, some results from computer simulations of the speech transmission systems are reported.

  17. Legalized Abortion in Japan

    Science.gov (United States)

    Hart, Thomas M.

    1967-01-01

    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. PMID:6062283

  18. An introduction to optimal satellite range scheduling

    CERN Document Server

    Vázquez Álvarez, Antonio José

    2015-01-01

    The satellite range scheduling (SRS) problem, an important operations research problem in the aerospace industry consisting of allocating tasks among satellites and Earth-bound objects, is examined in this book. SRS principles and solutions are applicable to many areas, including: Satellite communications, where tasks are communication intervals between sets of satellites and ground stations Earth observation, where tasks are observations of spots on the Earth by satellites Sensor scheduling, where tasks are observations of satellites by sensors on the Earth. This self-contained monograph begins with a structured compendium of the problem and moves on to explain the optimal approach to the solution, which includes aspects from graph theory, set theory, game theory and belief networks. This book is accessible to students, professionals and researchers in a variety of fields, including: operations research, optimization, scheduling theory, dynamic programming and game theory. Taking account of the distributed, ...

  19. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang-zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consider-ation of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of foren-sic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteris-tics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its char-acteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods in-clude literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  20. Legal English Vocabulary and Its Translation

    Institute of Scientific and Technical Information of China (English)

    WANG Kuang zheng

    2016-01-01

    There are differences between legal English and general English. Legal English relates to the legal profession. Law needs to maintain the impression of seriousness, standardization, accuracy and objectiveness, and as a result, legal English also has these characteristics. Compared to general everyday English, the application of legal English vocabulary requires consideration of these characteristics. In the translation of legal content, attention is also needed to be paid to the characteristics of forensic linguistics. Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness, accuracy, smoothness and consistency. In this paper, legal English vocabulary is discussed based on its characteristics, as well as the method of translation of legal content. For practical translation of legal English, translation methods include literal translation, free translation and addition and omission. These methods are briefly discussed in this paper.

  1. 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...

  2. The Legal System in China

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    @@ The present legal system dates back to the late 1970s. The Sino-Foreign Equity Joint Venture (JV) Law of 1979 was the first step towards creating laws to meet the changing political and economic landscape.

  3. [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.

  4. Father by law: effects of joint legal custody on nonresident fathers' involvement with children.

    Science.gov (United States)

    Seltzer, J A

    1998-05-01

    Family membership and household composition do not always coincide. Joint legal custody after divorce formalizes the relationship between fathers and children who live apart. Policymakers hope that explicit acknowledgment of nonresident fathers' rights and responsibilities will increase their involvement with their children. I use prospective data from the National Survey of Families and Households to examine the association between joint legal custody and two aspects of nonresident fathers' contributions to their children--the frequency of visits between fathers and children and child-support payments. The analysis examines approximately 160 families in which parents divorced between interviews conducted for Wave 1 (1987-1988) and Wave 2 (1992-1994) of the survey. I investigate the effects of joint legal custody holding constant physical custody or replacement by restricting the analysis to children who live with their mothers most of the year. Controlling for socioeconomic status and the quality of family relationships before separation, fathers with joint legal custody see their children more frequently and have more overnight visits than do other fathers. The positive effect of joint legal custody on frequency of visits persists once unobserved differences among families are taken into account. Although fathers with joint legal custody pay more child support than those without joint legal custody, this difference lacks statistical significance when other family characteristics are taken into account. These findings support the view that joint legal custody may encourage some aspects of paternal involvement after divorce.

  5. Legal terminology at arm's length - the multiple dimensions of legal terms

    Directory of Open Access Journals (Sweden)

    Alenka Kocbek

    2013-12-01

    Full Text Available The paper is aimed at shedding new light on the multiple dimensions of legal terms which can be unearthed in the process of terminology mining as a crucial stage in translation. It proposes to view legal terminology from a sociocognitive perspective, according to which terms are perceived as expressing units of understanding based oncognitive frames rather than rendering concepts in their traditional definition. Upon closer scrutiny most of these units reveal significant information regarding their verbal and extra-verbal dimensions. We therefore suggest analysing units of understanding expressed by simple terms, multiple elements terms and phraseology as depositories of knowledge providing information on the text type in which they occur, as well as on there levant area of law, the legal system and the wider culture underlying the text. In this context, terminology mining is not intended merely as extraction of terms, but rather as their analysis, comparison and structuring which reveals aspects such as their multiple embeddedness, as well as their historical, ideological, metaphorical, status-conferringand common Latin dimension.

  6. Shared Electronic Health Record Systems: Key Legal and Security Challenges.

    Science.gov (United States)

    Christiansen, Ellen K; Skipenes, Eva; Hausken, Marie F; Skeie, Svein; Østbye, Truls; Iversen, Marjolein M

    2017-05-01

    Use of shared electronic health records opens a whole range of new possibilities for flexible and fruitful cooperation among health personnel in different health institutions, to the benefit of the patients. There are, however, unsolved legal and security challenges. The overall aim of this article is to highlight legal and security challenges that should be considered before using shared electronic cooperation platforms and health record systems to avoid legal and security "surprises" subsequent to the implementation. Practical lessons learned from the use of a web-based ulcer record system involving patients, community nurses, GPs, and hospital nurses and doctors in specialist health care are used to illustrate challenges we faced. Discussion of possible legal and security challenges is critical for successful implementation of shared electronic collaboration systems. Key challenges include (1) allocation of responsibility, (2) documentation routines, (3) and integrated or federated access control. We discuss and suggest how challenges of legal and security aspects can be handled. This discussion may be useful for both current and future users, as well as policy makers.

  7. A Basic Classification of Legal Institutions

    NARCIS (Netherlands)

    Ruiter, Dick W.P.

    1997-01-01

    The author offers a general definition of legal institutions. A distinction between institutional legal concepts, legal institutions and social institutions makes it possible to define legal institutions as systems of valid presentations of what must occur in social reality in order that the former

  8. Legal Typewriting, Business Education: 7705.35.

    Science.gov (United States)

    Missirlian, Melanie

    The course is designed to help the student qualify for employment as a typist in a legal office. Instruction is given to enable the student to prepare all types of legal documents, spell and use legal terminology correctly, and transfer legal information from one document to another. The course description includes: (1) equipment and supplies, (2)…

  9. LEGAL ENTITIES IN ROMANIAN PRIVATE INTERNATIONAL LAW

    Directory of Open Access Journals (Sweden)

    Berlingher Remus Daniel

    2013-12-01

    Full Text Available Legal entities play an increasing role in international economic relations, as well as in political, cultural, social or human relations. Any legal entity is subject to the law of a certain country, as it can only exist or function on the basis of legal provisions. In this sense, the paper analyses the law applicable to the organic statute of a legal entity, the importance and criteria underlying the establishment of a legal entity’s nationality, the recognition of foreign legal entities in Romania, as well as the rights and obligations of foreign legal entities residing in our country.

  10. Legal and ethical issues in research

    Directory of Open Access Journals (Sweden)

    Camille Yip

    2016-01-01

    Full Text Available Legal and ethical issues form an important component of modern research, related to the subject and researcher. This article seeks to briefly review the various international guidelines and regulations that exist on issues related to informed consent, confidentiality, providing incentives and various forms of research misconduct. Relevant original publications (The Declaration of Helsinki, Belmont Report, Council for International Organisations of Medical Sciences/World Health Organisation International Guidelines for Biomedical Research Involving Human Subjects, World Association of Medical Editors Recommendations on Publication Ethics Policies, International Committee of Medical Journal Editors, CoSE White Paper, International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use-Good Clinical Practice form the literature that are relevant to the ethical and legal aspects of conducting research that researchers should abide by when conducting translational and clinical research. Researchers should note the major international guidelines and regional differences in legislation. Hence, specific ethical advice should be sought at local Ethics Review Committees.

  11. Sources of Hong Kong Civil Legal Proceedings Legal Regulation

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-06-01

    Full Text Available In the present article author gives characteristic of the civil legal proceedings sources of legal regulation in Hong Kong: statute law, delegated legislation, general law, the Chinese common law. System of the Hong Kong law sources completely corresponds to the system of England civil procedural law sources. Till June 30, 1997 Hong Kong was a colony of the Great Britain. Since 1997 Hong Kong became a special administrative region of the People's Republic of China (PRC. Laws of Hong Kong on courts, on proofs, on the legal aid, on administration of justice contain references to the corresponding English legal acts. The feature of the Hong Kong legal system is due to the fact that Hong Kong Basic Law of 1990 sets on the territory of the country a simultaneous action of two systems of the legislation until 2047: legislation of Hong Kong created before 1997 under the influence Great Britain and legislation of People's Republic of China which regulates questions of foreign policy and country’s defense. The list of sources of the civil procedural law of Hong Kong includes: 1 statute law; 2 delegated legislation (rule of courts; 3 general law (precedents. Author gives opinions of jurists and practicians both from China, and from other countries, present own definitions and justifications.

  12. 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.

  13. 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.

  14. Regulatory aspects

    Science.gov (United States)

    Stern, Arthur M.

    1986-07-01

    At this time, there is no US legislation that is specifically aimed at regulating the environmental release of genetically engineered organisms or their modified components, either during the research and development stage or during application. There are some statutes, administered by several federal agencies, whose language is broad enough to allow the extension of intended coverage to include certain aspects of biotechnology. The one possible exception is FIFRA, which has already brought about the registration of several natural microbial pesticides but which also has provision for requiring the registration of “strain improved” microbial pesticides. Nevertheless, there may be gaps in coverage even if all pertinent statutes were to be actively applied to the control of environmental release of genetically modified substances. The decision to regulate biotechnology under TSCA was justified, in part, on the basis of its intended role as a gap-filling piece of environmental legislation. The advantage of regulating biotechnology under TSCA is that this statute, unlike others, is concerned with all media of exposure (air, water, soil, sediment, biota) that may pose health and environmental hazards. Experience may show that extending existing legislation to regulate biotechnology is a poor compromise compared to the promulgation of new legislation specifically designed for this purpose. It appears that many other countries are ultimately going to take the latter course to regulate biotechnology.

  15. On the Legal Protection of Design

    DEFF Research Database (Denmark)

    Teilmann-Lock, Stina

    2011-01-01

    not apply to any aspect which is dictated by its function. Accordingly, if a design is to qualify for legal protection, its description (or illustration) must make a clear distinction between form and function. According to the intellectual property laws of many nations today, designs may also be protected......Traditional registration of design relied on the deposit of an example of the thing itself; the Registrar who held things thus deposited was responsible for ensuring that they would be protected from unauthorized imitation. The material thing itself is to be the standard against which copies can...... be judged. In 1839 the Designs Registration Act in the UK introduced a fundamental modernization of registration for designs. Paradigmatic of the modern way of registration is the use of 'representative registration'. According to the 1839 Act, applicants for a design registration were required either...

  16. The living will: legal and ethical perspectives.

    Science.gov (United States)

    Wold, J L

    1992-02-01

    Problems surrounding issues of dying and death are many. Health professionals, families and individuals all must cope with different aspects of these problems. The living will has been discussed as one way people can alleviate many of the problems associated with the decision to die with dignity. Nurses are in the perfect position to educate people concerning the benefits of having a living will. As patient advocate, it is imperative nurses be apprised of the laws in their states regarding living wills. By initiating a living will, individuals can make their wishes known to both family and the medical establishment. Increased public education concerning state living will legislation and concomitant rights under these laws is needed. Through education, many of the legal and ethical issues that arise from ignorance of the law may be avoided before they become problems.

  17. 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.

  18. LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

    OpenAIRE

    Claudiu Ramon D. BUTCULESCU

    2014-01-01

    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. Attitudes towards cannabis legalization in Iceland

    OpenAIRE

    Sigurbjörg Lára Kristinsdóttir 1991

    2016-01-01

    The debate on whether or not cannabis should be legalized has been growing in recent years. The legality of cannabis varies from country to country. Possession of cannabis have been decriminalized or legalized in numerous countries. The main aim of the present study was to examine both what characterizes those who are in favor of cannabis legalization and the potential effect on the community and cannabis consumption if cannabis would be legalized. The participants were 1198 obtained from an ...

  20. 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.

  1. 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…

  2. 试论竞争情报工作的合法化%On the Legalization of Competitive Intelligence Work

    Institute of Scientific and Technical Information of China (English)

    宋恩梅

    2000-01-01

    As competition requires fair law environment, competitive intelligence work should obey the rules of law, too. This article elaborates the legalization of competitive intelligence work from three aspects: its necessity, manifestation and law system. Competitive intelligence tends to develop in the direction of standardization, and legalization is the inherent character of competitive intelligence.

  3. Public hospitals: the legal obstacles of entering into joint ventures.

    Science.gov (United States)

    Miller, J N

    1986-03-01

    Public hospitals, as public entities, are limited in many of their activities by state constitutions and statutes. One area where activity can be particularly limited is the joint venture. Constitutional and statutory limitations can influence several aspects of the joint venture: scope of activities, geographic boundaries, authority to enter into joint ventures, gift of public funds prohibition, and stock ownership. Therefore, public hospitals must be aware of possible legal obstacles and carefully consider their options.

  4. Cyber Attacks and the Legal Justification for an Armed Response

    Science.gov (United States)

    2017-05-25

    supporting 1.3 million Estonians.10 These networks controlled all aspects of life in the state including banking , ATM, telephones, personal networks...government and military communication systems, banking systems, and media outlets. The Georgia cyber attack meets the Tallinn Manual definition satisfying...international law apply to cyber attacks and can legally justify armed response. The ICJ’s judgment in Nicaragua v.United States of America and its

  5. International Perspectives on the Legal Environment for Selection

    OpenAIRE

    Myors, Brett; Lievens, Filip; Schollaert, Eveline; Van Hoye, Greet; Cronshaw , Steven F.; Mladinic, Antonio; Rodríguez, Viviana; Aguinis, Herman; Steiner, Dirk D.; Rolland, Florence; Schuler, Heinz; Frintrup, Andreas; Nikolaou, Ioannis; Tomprou, Maria; Subramony, S.

    2007-01-01

    Perspectives from 22 countries on aspects of the legal environment for selection are presented in this article. Issues addressed include (a) whether there are racial/ethnic/religious subgroups viewed as "disadvantaged,” (b) whether research documents mean differences between groups on individual difference measures relevant to job performance, (c) whether there are laws prohibiting discrimination against specific groups, (d) the evidence required to make and refute a claim of discrimination, ...

  6. Geostationary Satellite (GOES) Images

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — Visible and Infrared satellite imagery taken from radiometer instruments on SMS (ATS) and GOES satellites in geostationary orbit. These satellites produced...

  7. Satellite Tracking Astrometric Network (STAN)

    Science.gov (United States)

    Vecchiato, Alberto; Gai, Mario

    2015-08-01

    The possibility of precise orbit tracking and determination of different types of satellites has been explored for at least some 25 years (Arimoto et al., 1990). Proposals in this sense made use mainly of astrometric observations, but multiple tracking techniques combining transfer and laser ranging was also suggested (Guo et al., 2009; Montojo et al., 2011), with different requirements and performances ranging from $\\sim100$~m to tenths of meters.In this work we explore the possible improvements and a novel implementation of a technique relying on large angle, high precision astrometry from ground for the determination of satellite orbits. The concept is based on combined observation of geostationary satellites and other near-Earth space objects from two or more telescopes, applying the triangulation principle over widely separated regions of the sky. An accuracy of a few $10^{-2}$~m can be attained with 1-meter-class telescopes and a field of vied of some arcminutes.We discuss the feasibility of the technique, some of the implementation aspects, and the limitations imposed by atmospheric turbulence. The potential benefits for satellite orbit control and navigation systems are presented, depending on the number and position of the contributing telescopes.We also discuss the possibility that, by reversing the roles of stars and satellites, the same kind of observations can be used for verification and maintenance of astrometric catalogs.

  8. Neptune's small satellites

    Science.gov (United States)

    Thomas, P.

    1992-04-01

    The small satellites of Neptune and other planets discovered during the Voyager 2 mission are discussed in terms of their composition and relationship to the planetary systems. The satellite Proteus is described in terms of its orbit, five other satellites are described, and they are compared to ther small satellites and systems. Neptune's satellites are hypothesized to be related to the ring system, and the satellite Galatea is related to the confinement of the rings.

  9. Modern legal periodicals of China%中国近代的法律期刊

    Institute of Scientific and Technical Information of China (English)

    王健

    2007-01-01

    Driven by the importation of western learning to China by Protestant missionaries in the nineteenth century and compilation and publication of legal and political serial books and magazines by students studying in Japan in the late Tsing Dynasty, modem Chinese legal periodicals appeared officially and developed vigorously. These legal periodicals facilitated the modem transformation of traditional Chinese ideology and academy in terms of the purposes, editing mode, academic specifications, writing techniques and language styles of some typical periodicals. As the periodicals were widely spread and demonstrated throughout universities, legal communities and judicial and legislative authorities, more people acquired common background in such aspects as thoughts and writing techniques. As the adhesive of professional communityof media and an important means of maintaining knowledge production ,periodicals created some new authority of saying, based on which the tradition of modem Chinese legal system has been established.

  10. Accountable care organizations: legal concerns.

    Science.gov (United States)

    Sanbar, S Sandy

    2011-01-01

    The Accountable Care Organizations (ACOs) shared savings program has serious concerns about anti-trust and anti-fraud laws. Additionally, ACOs present several other legal concerns relating to the duties and responsibilities of the physician-hospital partnership. The federal regulations hold physicians who participate in the ACO shared savings program to the highest standards of care without offering them protection from liability. The structure and procedures required of ACOs may be detrimental and may significantly impact the liability of its contracting physicians. Therefore, it behooves physicians to obtain legal advice regarding one's estate planning and legal asset protection or wealth management techniques, and to thoroughly review the agreement with one's attorney before signing a contract with an ACO.

  11. STANDARD PROVIDING OF THE LEGAL STATUS OF PUBLIC SERVANTS OF CIVIL DEPARTMENT IN THE RUSSIAN EMPIRE IN THE XIX CENTURY

    Directory of Open Access Journals (Sweden)

    Arkhireeva A. S.

    2015-06-01

    Full Text Available In this article some features of standard regulation of a legal status of public servants of civil department in the XIX century are considered. The author notes that legal status of the public servant is the main component of system of legal support of public service. In this regard, theoretical approaches to understanding of such category of law as "legal status" are investigated. The scientific and legal category "legal support" can be considered as in wide, and in a narrow sense. We suggest understanding such system of the social and legal elements able as legal support to influence formation of precepts of law and their practical realization. Modern scientific approaches to definition of the legal category "status" are characterized by sufficient different aspects; there is no unity of opinions that allows drawing a conclusion on difficult multicomponent system of elements of the status of public servants. Legal status of the public servant - the sphere of realization of the rights and duties, legitimate interests, legal responsibility, guarantees. The office legislation in the Russian Empire in details regulated features of legal status of public servants. We have prepared a massive layer of legal acts which was improved further and, in fact, in the changed form found the reflection and during the Soviet period of development of institute of public service in spite of the fact that as a result of revolution of 1917 all regulations were cancelled. Elements of legal status of public servants were accurately defined and designated: the rights, duties, guarantees, a ban and restrictions, legal responsibility that was absent at the legislative level earlier

  12. Adjustment of legally binding local plans

    DEFF Research Database (Denmark)

    Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

    2012-01-01

    Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment......, which seem to be beyond the scope of the Danish Planning Act. This paper deals with this problem through case studies and a legal analysis of present law. If the combination of the legally binding local plan and subsequent added requirements is misused, it will weaken the legal rights of the citizens...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements....

  13. Handbook on satellite communications and broadcasting

    Science.gov (United States)

    Askinazi, G. B.; Bykov, V. L.; Vodopianov, G. V.; D'Iachkova, M. N.; Kantor, L. Ia.; Model, A. M.; Pokras, A. M.; Timofeev, V. V.; Tsirlin, V. M.; Tsirlin, I. S.

    Principles underlying the design and operation of satellite communications systems (SCSs) are reviewed with emphasis on multiple-access techniques. Particular consideration is given to the quality characteristics of CSCs, the frequency ranges assigned to SCSs, an energy analysis of satellite lines, EMC aspects, and the effective utilization of the geostationary orbit. Also examined are the design of earth-station equipment, waveguides and multiplexing equipment, satellite antennas, reliability issues, the Ekran receiving installation, and Gradient-N and Gruppa multiple-access equipment.

  14. Micro satellite mapping of plant genomes

    Directory of Open Access Journals (Sweden)

    Prodanović Slaven

    2001-01-01

    Full Text Available Micro satellites are DNA markers, based on the repeated nucleotide sequences number polymorphism. They belong to a group of PCR markers and are mainly used as an addition to other types of markers. Their characteristics and technical aspects of their application are discussed in the present study. Furthermore, some results obtained by the use of the micro satellite DNA in genetic mapping of plant genomes are also presented. Although micro satellites provide the identification of genotypes within a species, inadequacy of comparative mapping of different species is their serious blemish. .

  15. Knowledge discovery from legal databases

    CERN Document Server

    Stranieri, Andrew; Schauer, Frederick

    2006-01-01

    Knowledge Discovery from Legal Databases is the first text to describe data mining techniques as they apply to law. Law students, legal academics and applied information technology specialists are guided thorough all phases of the knowledge discovery from databases process with clear explanations of numerous data mining algorithms including rule induction, neural networks and association rules. Throughout the text, assumptions that make data mining in law quite different to mining other data are made explicit.  Issues such as the selection of commonplace cases, the use of discretion as a form

  16. Semi-legal family life

    DEFF Research Database (Denmark)

    Rytter, Mikkel

    2012-01-01

    In 2002, the Danish government introduced new legislation on family reunification to restrict the transnational arranged marriages that were occurring among some immigrant groups. Since then, thousands of people have emigrated from Denmark to Sweden where, as citizens of the European Union......, they are entitled to family reunification. In this article, I introduce the concept of semi-legality to describe the situation whereby Pakistani transnational couples commute on a regular basis between their legal residences in Sweden and their places of work or networks of friends and family in Denmark...... patterns and family life among Pakistani immigrants but also have long- lasting effects on the relationship between minorities and majorities in Denmark....

  17. Monetary impacts and currency wars: a blind spot in the discourse about Transnational Legal Orders

    Directory of Open Access Journals (Sweden)

    Marcus Faro de Castro

    Full Text Available Abstract The literature on transnational legal orders (TLOs establishes new criteria for the elaboration of analyses regarding complex legal and economic issues which transcend the nation state. By looking into the so-called "currency war" controversy of 2010-2013, the paper argues that TLO theory remains limited in its ability to shed light on relevant aspects of cross-border impacts of monetary policy changes.

  18. The Relationship between EU Legal Order and Albanian Legal Order

    Directory of Open Access Journals (Sweden)

    Merisë Rukaj

    2015-07-01

    Full Text Available This paper is an analysis of the interaction of Community law with the national law and in particular the ratio between Community - Albanian law. Main purpose of this paper is to clarify the position of the international legal order and in particular that of the Community in the Albanian legal regulated by constitutional provisions. During the analysis of the interaction between the Community and the Albanian law a question arises in case of a conflictual confrontation between the two legal systems, which one will be applied? Such situation always occurs in the cases when a provision of EU law transfers the rights and imposes direct obligations to the citizens of the EU while the content of this provision collides with the rule of national law. To resolve such a situation, the Republic of Albania has held a definite stance: bigotry retains superiority of international versus national law, positioning it in the hierarchy of sources of law immediately after the Constitution of the Republic of Albania. It is clear that the Albanian constitution legislators have been aware of their European perspective and for this fact the EU law and its legal order can survive only if compliance and protection is guaranteed by two cornerstones: direct applicability of Community law and the advantage of Community law over national law. They are two fundamental principles of European law which guarantee the implementation of the uniform and priority of the right of the EU in all Member States.

  19. Legal theory, legal practice and drama (1200-1600)

    NARCIS (Netherlands)

    Bouhaïk-Gironès, M.; Gabay, S.; Koopmans, J.; Lavéant, K.

    2011-01-01

    Theatre and the law always have a complex relationship. An analysis of French legal sources from the Middle Ages and the early modern period clearly points to the tension between the conceptual and the practical sides of drama. Three main issues will be addressed: codification by the Church, what no

  20. Competitive legal professionals' use of technology in legal practice ...

    African Journals Online (AJOL)

    Tanya du Plessis

    KM systems and strategies can support the legal research process, and what the benefits of KM are to .... c) Planning and developing a search strategy; d) Applying different approaches to formulating a .... that is the basis for a new law firm marketing strategy. Moreover ... This not only includes the basic skills, for instance ...

  1. [The victim as object of the medico-legal intervention].

    Science.gov (United States)

    Magalhães, Teresa

    2005-01-01

    We present a reflection about the victim as the object of the medico-legal intervention, that opens perspectives not only to the evidence research (as a techno-scientific contribute to support Justice in what concerns bio-psycho-social questions), but also to the support of victims which, in a last analysis, is no more than another aspect of this the social contribution of this science to ensure the best interest of the victim. This reflection aims to contribute to a better knowledge of the victim in his/her various perspectives. Accordingly, during the exposition, we refer some contributes of Victimology towards the understanding of the victims' behaviour's. Afterwards, we focus on the problems related to the aetiologies (with a particular reference to trauma), levels and consequences (physical, psychological and socio-economical) of victimization, as well as the methodologies of victims approach, medico-legal evaluation and reparation. Considering victims as being not only those who suffer directly the consequences of the victimizing phenomena, but also those that suffer from it indirectly and even secondarily, we shall approach the topic regarding both perspectives. We highlight the importance of understanding the victim as a person, not just understanding him/her confined to the organic aspect (as it used to be until recently in certain fields of medico-legal intervention, and as it still happens due to some legal obligations, for instance in the Labour Law), but considering the person in a global way (body, capacities, life situations and subjectivity). In conclusion, we highlight the importance of this topic to the medico-legal mission, while taking part in various multidisciplinary interventions and being involved in strategies and measures which purpose is to prevent violence, promote safety, avoid secondary victimization and revictimization as well as guarantee the victims' protection and reintegration, in a work attitude that should happen, even more and

  2. Isolation and Culture of Satellite Cells from Mouse Skeletal Muscle.

    Science.gov (United States)

    Musarò, Antonio; Carosio, Silvia

    2017-01-01

    Skeletal muscle tissue is characterized by a population of quiescent mononucleated myoblasts, localized between the basal lamina and sarcolemma of myofibers, known as satellite cells. Satellite cells play a pivotal role in muscle homeostasis and are the major source of myogenic precursors in mammalian muscle regeneration.This chapter describes protocols for isolation and culturing satellite cells isolated from mouse skeletal muscles. The classical procedure, which will be discussed extensively in this chapter, involves the enzymatic dissociation of skeletal muscles, while the alternative method involves isolation of satellite cells from isolated myofibers in which the satellite cells remain in their in situ position underneath the myofiber basal lamina.In particular, we discuss the technical aspect of satellite cell isolation, the methods necessary to enrich the satellite cell fraction and the culture conditions that optimize proliferation and myotube formation of mouse satellite cells.

  3. The Use of Remote Sensing Satellites for Verification in International Law

    Science.gov (United States)

    Hettling, J. K.

    The contribution is a very sensitive topic which is currently about to gain significance and importance in the international community. It implies questions of international law as well as the contemplation of new developments and decisions in international politics. The paper will begin with the meaning and current status of verification in international law as well as the legal basis of satellite remote sensing in international treaties and resolutions. For the verification part, this implies giving a definition of verification and naming its fields of application and the different means of verification. For the remote sensing part, it involves the identification of relevant provisions in the Outer Space Treaty and the United Nations General Assembly Principles on Remote Sensing. Furthermore it shall be looked at practical examples: in how far have remote sensing satellites been used to verify international obligations? Are there treaties which would considerably profit from the use of remote sensing satellites? In this respect, there are various examples which can be contemplated, such as the ABM Treaty (even though out of force now), the SALT and START Agreements, the Chemical Weapons Convention and the Conventional Test Ban Treaty. It will be mentioned also that NGOs have started to verify international conventions, e.g. Landmine Monitor is verifying the Mine-Ban Convention. Apart from verifying arms control and disarmament treaties, satellites can also strengthen the negotiation of peace agreements (such as the Dayton Peace Talks) and the prevention of international conflicts from arising. Verification has played an increasingly prominent role in high-profile UN operations. Verification and monitoring can be applied to the whole range of elements that constitute a peace implementation process, ranging from the military aspects through electoral monitoring and human rights monitoring, from negotiating an accord to finally monitoring it. Last but not least the

  4. Sleep Forensics: a critical review of the literature and brief comments on the Brazilian legal situation

    Directory of Open Access Journals (Sweden)

    Raimundo Nonato Delgado-Rodrigues

    2014-02-01

    Full Text Available Sleep medicine is a relatively new field among Medical Sciences. Its legal aspects are still obscure, either for lack of knowledge of the biological mechanisms underlying violent behaviour during sleep or the virtual absence of clear legal and uniformly accepted guidelines as to whether to punish or treat those disorders. An updated review of the pertinent literature was performed to determine the most prevalent pathological conditions involving violence and sleep and to identify their most common precipitating factors, attempting to provide some technical support to aid Brazilian medical-experts or assistants in preparing substantial and scientific-based reports in a legal environment.

  5. Legal Research in a Changing Information Environment

    Directory of Open Access Journals (Sweden)

    T du Plessis

    2007-05-01

    Full Text Available Since the advent of the latest constitutional dispensation in South Africa, legal researchers have been presented with new opportunities for research into constitutional issues, development and the relationship between constitutional law and other fields. This article investigates how information technology applications can support the legal research process and what the benefits of technology are likely to be to legal research. Furthermore, it investigates the changes and the impact that electronic resources and the digital information environment might have on legal research. This entails a study of the unique characteristics of digital legal research and of the challenges that legal researchers face in a changing information environment.

  6. The Legal Ethical Backbone of Conscientious Refusal

    DEFF Research Database (Denmark)

    Munthe, Christian; Nielsen, Morten Ebbe Juul

    2017-01-01

    This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

  7. Forensic Psychiatric Aspects of Impulse Control Disorders

    Directory of Open Access Journals (Sweden)

    Huseyin Soysal

    2015-03-01

    Full Text Available Impulse control disorders is an important psychiatric disorder group which draws attention in recent years. Attention deficit hyperactivity disorder and other classical disorders like pyromania, kleptomania, intermittent explosive disorder and compulsive buying could be evasuated under this topic. The aim of this article is to review forensic psychiatric aspects of impulse control disorders and evaluate the disorders in terms of their legal status. [Psikiyatride Guncel Yaklasimlar - Current Approaches in Psychiatry 2015; 7(1: 16-29

  8. The curious case of legal translation

    Directory of Open Access Journals (Sweden)

    E. Cornelius

    2011-06-01

    Full Text Available This article explores the nature and scope of legal translation which is an under-researched area in South Africa. In this article the author predicts that the demand for competent legal translators will increase in the future, evidenced by a recent call by the Department of Justice and Constitutional Development(DoJ&CD, inviting applications for ten positions for “legislative language practitioners”. However, legal translation differs substantially from general translation in the sense that legal translation is subject to heavy restrictions at all levels and legal considerations are of paramount importance in a country such as South Africa, which provides for eleven official languages. Legal translation involves different legal languages, different legal systems and different cultural systems that require specialised knowledge and skills of the translator. The aim of this article is to investigate the core competencies and skills the legal translator must have; to consider the balance between legal competence and translation or linguistic competence; and to propose a discourse-analytical method of source text analysis, developed by Bhatia as a simplification strategy, as this may be a powerful tool in the training of legal translators in South Africa. Recent developments in South Africa relating to the Department of Arts and Culture’s obligation to translate legislation into all official languages, have important consequences for legal translation in general and the training of legal translators in particular.

  9. 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)

  10. Legal Issues in Nursing Homes.

    Science.gov (United States)

    Kapp, Marshall B.

    This paper examines the variety of legal rules and processes which have been established to assess and ensure that the quality of care provided in nursing homes satisfies an acceptable level. It begins with a general overview of nursing home law. Areas discussed in this section include: (1) sources of nursing home law; (2) theories of liability;…

  11. Legal theology in imposed constitutionalism

    DEFF Research Database (Denmark)

    Abat Ninet, Antoni

    2017-01-01

    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...

  12. Legal restrictions and Investment Growth

    NARCIS (Netherlands)

    Lensink, B.W.; Scholtens, B.

    2007-01-01

    We analyze the impact of legal restrictions on investment growth at the firm level. With the help of a unique firm-level survey database, we analyze whether firm investments are related to the efficiency and quality of the judiciary. Furthermore, we analyze whether the investment behavior of large a

  13. Legal restrictions and investment growth

    NARCIS (Netherlands)

    Lensink, B.W.; Scholtens, B.

    2007-01-01

    We analyze the impact of legal restrictions on investment growth at the firm level. With the help of a unique firm-level survey database, we analyze whether firm investments are related to the efficiency and quality of the judiciary, Furthermore, we analyze whether the investment behavior of large a

  14. [The debate over drug legalization].

    Science.gov (United States)

    Babín Vich, Francisco de Asís

    2013-01-01

    The debate over drug legalization appears frequently in the media as a potential solution to issues such as drug trafficking and other problems related to drug use. In Spain, private consumption or even the production of small quantities of certain plants, whose active ingredients are considered illegal drugs, if clearly for own consumption are not practices criminalized by any law. In addition, a drug addict is considered a person who is ill. Although it has not always been like that even in the countries that have called for this debate, where at times the law prosecutes consumers. The population of our country, according to the views expressed in the opinion polls, prefer to increase preventive measures, foster the treatment freely assumed by drug addicts and make stricter the repression on drug trafficking. Therefore, when speaking of "legalization" we should be scrupulous with the semantics; legalize and decriminalize are not the same, it is not the same decriminalize consumption than decriminalize trafficking, neither is the same decriminalize private consumption than public consumption. Decriminalize private consumption is a fact in our country. Beyond this, we advocate for the strict need to analyze from a scientific perspective the hypothetical benefits that would result from drug legalization. Certainly, from the public health perspective, they are hard to find. We believe that the same logic applied to tobacco, increasing the restrictions on its use, is the path to follow with any addictive substance.

  15. 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...

  16. 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"

  17. LEGAL CHALLENGES POSED BY WI FI NETWORKS

    Directory of Open Access Journals (Sweden)

    Maxim DOBRINOIU

    2009-12-01

    Full Text Available Nowadays, the electronic communications market is in a high development, and this trend will not be diminished even by the newly world economic crisis. Studies show a significant growth in people’s interest for Information Society (IS services, with emphasize on the mobility of the resources. On the other hand, Internet has become more than a “network of networks”, but a way of life, and user’s addict to computer systems and IS services often reveal interesting aspects and controversial in the same time. Modern forms of electronic communications rely more and more on the wireless Internet connections (Wi Fi, and this conclusion could be eventually based on the following realities: 1 Users continue to migrate to wireless technology; 2 Users prefer wireless connectivity; 3 Users are attracted by costless Internet connections; 4 Users are fascinated by the possibility of hiding their online activity and behaviour. Although certain security measures can be easily applied in order to prevent the spread of cyber related crimes, the wireless (Wi Fi connection to Internet also rise up a lot of controversial aspects, most of them about the legality of the connection itself, topic that the authors try to approach in this study.

  18. Analysis of Fuzzy Words in Legal English

    Institute of Scientific and Technical Information of China (English)

    赵波

    2015-01-01

    With the development of legal English,fuzzy words are poured into legislative language and judicial practice constantly.Hence,this paper aims at exploring the application and funtion of different kinds of fuzzy words in legal English.

  19. Satellite data compression

    CERN Document Server

    Huang, Bormin

    2011-01-01

    Satellite Data Compression covers recent progress in compression techniques for multispectral, hyperspectral and ultra spectral data. A survey of recent advances in the fields of satellite communications, remote sensing and geographical information systems is included. Satellite Data Compression, contributed by leaders in this field, is the first book available on satellite data compression. It covers onboard compression methodology and hardware developments in several space agencies. Case studies are presented on recent advances in satellite data compression techniques via various prediction-

  20. Legal issues in clinical nursing education.

    Science.gov (United States)

    Patton, Carla Wheeler; Lewallen, Lynne Porter

    2015-01-01

    Nurse educators are concerned about legal implications of teaching students in clinical settings. Although literature is available about legal issues in working with students in the classroom, there is little recent information on clinical nursing faculty's legal liability when working with students and ways to reduce the risk of becoming involved in a lawsuit. This article discusses the major issues in clinical settings that contribute to lawsuits against faculty and offers suggestions to reduce legal liability with students in clinical settings.

  1. Legal Knowledge and Agility in Public Administration

    NARCIS (Netherlands)

    A. Boer; T. van Engers

    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,

  2. Prospective Educators' Knowledge of Children's Legal Rights.

    Science.gov (United States)

    Mcloughlin, Caven S.; And Others

    1983-01-01

    Prospective educators' knowledge of children's legal rights in several areas was assessed. Results indicated limited legal knowledge and some misconceptions about the law. The need for colleges of education to adapt their curricula to include legal issues is discussed. (Author/DWH)

  3. A Storytelling Learning Model for Legal Education

    Science.gov (United States)

    Capuano, Nicola; De Maio, Carmen; Gaeta, Angelo; Mangione, Giuseppina Rita; Salerno, Saverio; Fratesi, Eleonora

    2014-01-01

    The purpose of this paper is to describe a learning model based on "Storytelling" and its application in the context of legal education helping build challenging training resources that explain, to common citizens with little or no background about legal topics, concepts related to "Legal Mediation" in general and in specific…

  4. The Multiplication Effect of Legal Insurance

    NARCIS (Netherlands)

    J. 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 insur

  5. 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…

  6. Legal Doctrinal Scholarship and Interdisciplinary Engagement

    NARCIS (Netherlands)

    M. Bodig (Matyas)

    2015-01-01

    textabstractThe paper offers a legal theoretical analysis of the disciplinary character of the contemporary practice of legal scholarship. It is assumed that the challenges of interdisciplinary engagement are particularly revealing about the nature of legal scholarship. The paper argues for an

  7. 34 CFR 85.965 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false Legal proceedings. 85.965 Section 85.965 Education...) Definitions § 85.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to...

  8. 29 CFR 1471.965 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Legal proceedings. 1471.965 Section 1471.965 Labor... AND SUSPENSION (NONPROCUREMENT) Definitions § 1471.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud...

  9. 22 CFR 1006.965 - Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Legal proceedings. 1006.965 Section 1006.965...) Definitions § 1006.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C....

  10. 2 CFR 180.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Legal proceedings. 180.965 Section 180.965... § 180.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to...

  11. 7 CFR 3017.965 - Legal proceedings.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Legal proceedings. 3017.965 Section 3017.965... Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which...

  12. 21 CFR 1404.965 - Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Legal proceedings. 1404.965 Section 1404.965 Food... (NONPROCUREMENT) Definitions § 1404.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31...

  13. 22 CFR 1508.965 - Legal proceedings.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Legal proceedings. 1508.965 Section 1508.965...) Definitions § 1508.965 Legal proceedings. Legal proceedings means any criminal proceeding or any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C....

  14. 28 CFR 0.13 - Legal proceedings.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Legal proceedings. 0.13 Section 0.13... Attorney General § 0.13 Legal proceedings. (a) Each Assistant Attorney General and Deputy Assistant... to conduct any legal proceeding, civil or criminal, including grand jury proceedings and...

  15. 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...

  16. Victimological aspect of a corruption deal

    Directory of Open Access Journals (Sweden)

    Anna A. Ivanova

    2015-12-01

    Full Text Available Objective to present the author39s concept of the victimological aspect of corruption crime. Methods dialectical method of cognition mainly the systemic approach analysis. Results the article discusses the concept of corruption deal as an unlawful act statutory offence bribery and subornation law abuse by the authorized entity. The illegal most common and manipulative types of corruption deals and their mechanisms are defined as well as the ways of their implementation which include mutually beneficial bilateral trade extortion and initiative active bribery. The diverse negative effects of corruption on the legal relationships are proved. The danger of the crime deal is shown as the factor of corrupt behavior and active means of formation of corruption networks which increases victimogenity of corruption acts doing harm not only to physical but also legal entities. In accordance with this the point of view supported and proved that it is necessary to expand the notion of victim of corruption offences to legal persons. The conclusion is made about the feasibility of a legal assessment of corruption deals as a qualifying feature of a criminal offense. Scientific novelty the article justifies the author39s position in relation to an assessment of corruption victimization of the deal victimological characteristic of a corrupt deals victim are given critical analysis of basic victimological concepts is made to identify the potential corrupt deals victims and ensure victim safety. Practical significance the idea is expressed of reorienting public consciousness views on corruption as a way of solving problems of changing tolerance to corruption due to which the legal subjects become victims of corrupt deals of amending the anticorruption policies towards more careful attention to the protection of the legal relations subjects against the corruption threat. nbsp

  17. The analysis and evaluation of legal argumentation: approaches from legal theory and argumentation theory

    NARCIS (Netherlands)

    Feteris, E.; Kloosterhuis, H.

    2009-01-01

    In the past thirty years legal argumentation has become an important interdisciplinary field of interest. The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary the

  18. 75 FR 49528 - Thomson Reuters Legal, Legal Editorial Operations Cleveland Office Including Workers Whose...

    Science.gov (United States)

    2010-08-13

    ... Employment and Training Administration Thomson Reuters Legal, Legal Editorial Operations Cleveland Office... Assistance on June 22, 2010, applicable to workers of Thomson Reuters Legal, Legal Editorial Operations... unemployment insurance (UI) tax account under the name West Publishing Corporation, a Thomson Reuters...

  19. COSPAR report to United Nations 2004: satellite dynamics

    Science.gov (United States)

    Willis, Pascal

    2004-01-01

    The COSPAR Panel on Satellite Dynamics (PSD) is concerned with the determination of the position, velocity and orientation in space of artificial and natural satellites around the Earth or in the outer space. The following report highlighs representative activities of this panel and provides general information on related international aspects.

  20. DOCTRINAL BASICS OF THE LEGAL TECHNIQUE: COMPARATIVE ANALYSIS WITHIN THE EUROPEAN LEGAL FRAMEWORK

    Directory of Open Access Journals (Sweden)

    Alexander Malko

    2014-07-01

    Full Text Available The legal technique was initially developed as a kind of “interpreter” for the legislative will in the legal language using a specific ingenuity of legal engineering. Historically, the theoretical base of the legal technique was formed on a phased basis, essentially stimulated by state reforms, social transformations, and active legislation systematization. It should be mentioned here that legal technique is a distinctive category reflecting the political, economic, and legal situation in the historical period of a certain state development, but being extra-national in itself.The resource harmonization of the legal technique within the European legal framework means norm-setting regulations, coordination, and elaboration of common recommendations for the European countries. The cooperation in the legal technique standards harmonization will require the all-European cooperation to the new level as far as legal standards, human rights, democratic development, legitimacy and cultural cooperation are concerned.