WorldWideScience

Sample records for state laws

  1. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

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

  2. 42 CFR 422.378 - Relationship to State law.

    Science.gov (United States)

    2010-10-01

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

  3. The Necessary Predication between State and Law

    Directory of Open Access Journals (Sweden)

    Daniel Nunes Pereira

    2017-02-01

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

  4. Lawful Permanent Residents Fiscal Year 2011 State

    Data.gov (United States)

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

  5. Lawful Permanent Residents Fiscal Year 2016 State

    Data.gov (United States)

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

  6. Lawful Permanent Residents Fiscal Year 2014 State

    Data.gov (United States)

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

  7. Lawful Permanent Residents Fiscal Year 2015 State

    Data.gov (United States)

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

  8. 20 CFR 617.16 - Applicable State law.

    Science.gov (United States)

    2010-04-01

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

  9. 12 CFR 213.9 - Relation to state laws.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

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

    1999-06-25

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

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

    Science.gov (United States)

    2010-04-09

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

  12. The welfare state and Baumol's law

    DEFF Research Database (Denmark)

    Paldam, Martin

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

  13. 12 CFR 202.11 - Relation to state law.

    Science.gov (United States)

    2010-01-01

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

  14. Intuition beyond the law of the state

    Directory of Open Access Journals (Sweden)

    Stephen Connelly

    2011-04-01

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

  15. 45 CFR 98.3 - Effect on State law.

    Science.gov (United States)

    2010-10-01

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

  16. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-02-01

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

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

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

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

  18. 27 CFR 478.58 - State or other law.

    Science.gov (United States)

    2010-04-01

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

  19. 12 CFR 226.28 - Effect on State laws.

    Science.gov (United States)

    2010-01-01

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

  20. 28 CFR 104.42 - Applicable state law.

    Science.gov (United States)

    2010-07-01

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

  1. 36 CFR 8.4 - Federal and State labor laws.

    Science.gov (United States)

    2010-07-01

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

  2. 27 CFR 555.62 - State or other law.

    Science.gov (United States)

    2010-04-01

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

  3. 32 CFR 634.41 - Compliance with State laws.

    Science.gov (United States)

    2010-07-01

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

  4. 29 CFR 825.701 - Interaction with State laws.

    Science.gov (United States)

    2010-07-01

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

  5. 50 CFR 20.72 - Violation of State law.

    Science.gov (United States)

    2010-10-01

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

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

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

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

  7. 40 CFR 403.4 - State or local law.

    Science.gov (United States)

    2010-07-01

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

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

    International Nuclear Information System (INIS)

    Coley, Jonathan S.; Hess, David J.

    2012-01-01

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

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

    African Journals Online (AJOL)

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

  10. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1990-06-01

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

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

    Science.gov (United States)

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

    2016-09-01

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

  12. A baseline understanding of state laws governing e-cigarettes.

    Science.gov (United States)

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

    2014-07-01

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

  13. 31 CFR 50.24 - Applicability of State law requirements.

    Science.gov (United States)

    2010-07-01

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

  14. 7 CFR 766.155 - Conflict with State law.

    Science.gov (United States)

    2010-01-01

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

  15. 29 CFR 530.201 - Conflict with State law.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

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

    2014-12-01

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

  17. The Obligations of States towards Refugees under International Law

    DEFF Research Database (Denmark)

    Skordas, Achilles

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

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

    African Journals Online (AJOL)

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

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

    NARCIS (Netherlands)

    Kjos, H.E.

    2013-01-01

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

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

    Science.gov (United States)

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

    2009-03-01

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

  1. The State of Law – Between Ambition and Reality

    Directory of Open Access Journals (Sweden)

    Nicoleta DIACONU

    2011-11-01

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

  2. 34 CFR 200.4 - State law exception.

    Science.gov (United States)

    2010-07-01

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

  3. Water laws in eleven midwestern states: summary tables

    Energy Technology Data Exchange (ETDEWEB)

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

    1979-06-01

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

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

    Science.gov (United States)

    Valcore, Jace L

    2017-09-15

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

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

    Science.gov (United States)

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

    2016-06-01

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

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

    Science.gov (United States)

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

    2013-01-01

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

  7. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

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

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

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

    International Nuclear Information System (INIS)

    1983-09-01

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

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

    Science.gov (United States)

    Zhong, Wei; Xiao, Changming; Zhu, Yongkai

    2017-04-01

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

  11. State and perspectives of Czechoslovakian nuclear law

    International Nuclear Information System (INIS)

    Bezdek, R.

    1992-01-01

    In Czechoslovakia, the peaceful utilization of nuclear energy is governed by a series of legislative norms of varied character and legal power. The most important are the Act No. 194/1988 and the Act No. 28/1984. The former defines the competence of the Czechoslovak Atomic Energy Commission (CAEC), which is the central authority of state administration in the field of utilization of nuclear energy. The latter deals with the State inspection for the nuclear safety of nuclear facilities. In accordance with this Act, the CAEC is the competent authority for the licensing and inspection of nuclear safety. In addition to the two main Acts, a series of CAEC Regulations govern nuclear activities (accounting and control of nuclear materials, radioactive waste management, physical protection, qualifications of personnel in nuclear facilities, quality assurance, etc.). There is no specific legislation governing nuclear third liability. The solution for the various shortcomings of the contemporary codification lies primarily in change of the present codification. This change, however, should not mean a general and indiscriminate ''destruction'' of the legal norms in force at present, but in gradual and purposive creation of an integral, legal system capable of reacting flexibly, the core of which would consist of an Act concerning the peaceful utilization of nuclear energy and on liability for nuclear damage. (author)

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

    Directory of Open Access Journals (Sweden)

    Oluwakemi Ololade Odukoya

    2016-07-01

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

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

    Science.gov (United States)

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

    2009-01-01

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

  14. 12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?

    Science.gov (United States)

    2010-01-01

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

  15. 24 CFR 3500.13 - Relation to State laws.

    Science.gov (United States)

    2010-04-01

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

  16. The Passing on Defence Aviated Into State Aid Law

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2015-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Rogozen, M.B.

    1980-11-01

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

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

    Science.gov (United States)

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

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

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

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

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

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

    Science.gov (United States)

    2016-03-01

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

  1. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-07-01

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

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

    Science.gov (United States)

    Xuan, Ziming; Hemenway, David

    2015-11-01

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

  3. 27 CFR 31.4 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

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

  4. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    2009-12-01

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

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

    Directory of Open Access Journals (Sweden)

    Stewart J. H. McCann

    2016-04-01

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

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

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

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

  8. Climate change law and politics in the United States

    International Nuclear Information System (INIS)

    Gerrard, Michael B.

    2014-01-01

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

  9. Climate change law and politics in the United States

    Energy Technology Data Exchange (ETDEWEB)

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

    2014-07-01

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

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

    International Nuclear Information System (INIS)

    Smith, D.Y.; Karstens, William

    2000-01-01

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

  11. 20 CFR 601.2 - Approval of State unemployment compensation laws.

    Science.gov (United States)

    2010-04-01

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

  12. State aid in the Austrian electricity industry law

    International Nuclear Information System (INIS)

    Rehulka, J.

    2009-01-01

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

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

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

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

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

    Science.gov (United States)

    Frattaroli, Shannon; Vernick, Jon S.

    2006-01-01

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

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

    NARCIS (Netherlands)

    van Alebeek, R.

    2008-01-01

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

  16. 27 CFR 46.94 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

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

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

    Science.gov (United States)

    Ziebarth, Todd; Palmer, Louann Bierlein

    2018-01-01

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

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

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2016-01-01

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

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

    Science.gov (United States)

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

    2017-06-01

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

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

    Science.gov (United States)

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

    2008-02-01

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

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

    Science.gov (United States)

    Dailard, C

    1999-08-01

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

  2. 12 CFR 34.4 - Applicability of state law.

    Science.gov (United States)

    2010-01-01

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

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

    International Nuclear Information System (INIS)

    1989-10-01

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

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

    Directory of Open Access Journals (Sweden)

    O. L. Yevmieshkina

    2016-03-01

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

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

    Science.gov (United States)

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

    2017-01-01

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

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

    Science.gov (United States)

    Gorkom, Kris Van

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

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

    International Nuclear Information System (INIS)

    Canfield, J.L.

    1993-01-01

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

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

    NARCIS (Netherlands)

    Georgieva, Z.R.

    2015-01-01

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

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

    Science.gov (United States)

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

    2018-03-01

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

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

    Science.gov (United States)

    Jaeger, Paul T.; Gorham, Ursula

    2017-01-01

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

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

    NARCIS (Netherlands)

    Karavias, M.

    2015-01-01

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

  12. 49 CFR 24.208 - Aliens not lawfully present in the United States.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

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

    2014-09-01

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

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

    Science.gov (United States)

    Dimick, Chris

    2009-08-01

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

  15. The law of corresponding states and surface tension of metals

    International Nuclear Information System (INIS)

    Digilov, R.

    2001-01-01

    Full Text: Surface tension of liquid metals is one of fundamental and most important quantities in theory and practice of material processing and its temperature dependence leads to the well-known Marangoni convection. Although currently methods are sufficiently precise to measure the surface tension, there are uncertainties in experimental data and its temperature dependence mainly due to impurity, which even a trace of it strongly affects the results of measurements. The theoretical treatment from the first principles is unwieldy and not always permits one to calculate the surface tension with certainty. Another active research field deals with empirical correlation between the surface tension and bulk thermodynamic properties, which we interpret as a simple consequence of the law of corresponding states. In order to relate the surface tension and to bulk properties of liquid metals the reduced formula is derived by scaling with the melting point T m (0) at p = 0 and atomic volume Ω 0 2/3 at T = 0 K as macroscopic parameters for scaling ε and a characterizing the interatomic potential in metals. The reduced surface tension and the reduced surface entropy obtained in high temperature limit are discussed and compared with the experiment. The reduced temperature coefficient of the surface tension found is a universal constant for the metals of the same structure. It is shown that pressure dependence of the surface tension, so called baric coefficient of the surface tension, can be described by pressure dependence of scaling parameters T m (p) and Ω 0 (p). (author)

  16. Islamic bioethics: between sacred law, lived experiences, and state authority.

    Science.gov (United States)

    Padela, Aasim I

    2013-04-01

    There is burgeoning interest in the field of "Islamic" bioethics within public and professional circles, and both healthcare practitioners and academic scholars deploy their respective expertise in attempts to cohere a discipline of inquiry that addresses the needs of contemporary bioethics stakeholders while using resources from within the Islamic ethico-legal tradition. This manuscript serves as an introduction to the present thematic issue dedicated to Islamic bioethics. Using the collection of papers as a guide the paper outlines several critical questions that a comprehensive and cohesive Islamic bioethical theory must address: (i) What are the relationships between Islamic law (Sharī'ah), moral theology (uṣūl al-Fiqh), and Islamic bioethics? (ii) What is the relationship between an Islamic bioethics and the lived experiences of Muslims? and (iii) What is the relationship between Islamic bioethics and the state? This manuscript, and the papers in this special collection, provides insight into how Islamic bioethicists and Muslim communities are addressing some of these questions, and aims to spur further dialogue around these overaching questions as Islamic bioethics coalesces into a true field of scholarly and practical inquiry.

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

    African Journals Online (AJOL)

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

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

    NARCIS (Netherlands)

    Huda, Yasrul

    2013-01-01

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

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

    Science.gov (United States)

    Music Educators Journal, 1978

    1978-01-01

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

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

    Science.gov (United States)

    Okewusi, Peter Agboola

    1988-01-01

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

  1. The Imposition of Martial Law in the United States

    National Research Council Canada - National Science Library

    Davies, Kirk

    2000-01-01

    .... But despite police efforts to control the populace by establishing quarantine areas, the civilian infrastructure is quickly overwhelmed. Chaos results. Finally, the President declares martial law in an attempt to restore order in the nation.

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

    Science.gov (United States)

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

    2018-06-01

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

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

    OpenAIRE

    Huda, Yasrul

    2013-01-01

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

  4. 26 CFR 44.4422-1 - Doing business in violation of Federal or State law.

    Science.gov (United States)

    2010-04-01

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

  5. 7 CFR 360.400 - Preemption of State and local laws.

    Science.gov (United States)

    2010-01-01

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

  6. 12 CFR Appendix C to Part 230 - Effect on State Laws

    Science.gov (United States)

    2010-01-01

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

  7. 45 CFR 211.5 - Action under State law; appointment of guardian.

    Science.gov (United States)

    2010-10-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Robinson, N A

    1975-11-01

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

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

    Science.gov (United States)

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

    2015-01-01

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

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

    Science.gov (United States)

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

    2014-10-01

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

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

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

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

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

    Science.gov (United States)

    Witry, Matthew J; Doucette, William R

    2009-01-01

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

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

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1980-01-01

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

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

    Science.gov (United States)

    Saitta, Nicole; Hodge, Samuel D

    2012-05-01

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

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

    International Nuclear Information System (INIS)

    1984-06-01

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

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

    Science.gov (United States)

    Stabile, Bonnie

    2007-03-01

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

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

    Science.gov (United States)

    Ye, Mao; Searson, Peter C.

    2011-09-01

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

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

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

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

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

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

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

    2015-09-01

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

  1. Scaling laws for steady-state fusion plasmas

    Energy Technology Data Exchange (ETDEWEB)

    Husseiny, A A [Carnegie-Mellon Univ., Pittsburgh, Pa. (USA)

    1975-12-01

    Experimental and semi-theoretical scaling laws are extrapolated to include the effect of fusion burn on the lifetime of plasma ions. Fractional burnups are also reconsidered on the same basis. The actual lifetime of fusion plasma ions and the estimated time necessary for feasible reactors, provide a correlation between the laboratory data and the hypothesis of reactor feasibility conditions. Based on these correlations criteria for the realization of self-heated plasmas are established.

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

    Science.gov (United States)

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

    2017-03-01

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

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

    National Research Council Canada - National Science Library

    Feikert, Clare; Doyle, Charles

    2006-01-01

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

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

    Data.gov (United States)

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

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

    Data.gov (United States)

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

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

    Directory of Open Access Journals (Sweden)

    Timothy Donais

    2017-07-01

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

  7. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-05

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

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

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Arif Riza

    2016-11-01

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

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

    Science.gov (United States)

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

    1997-10-01

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

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

    Science.gov (United States)

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

    2012-08-01

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

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

    Science.gov (United States)

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

    2011-06-01

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

  13. 76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-02-03

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

  14. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Science.gov (United States)

    2012-08-30

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

  15. 45 CFR 302.70 - Required State laws.

    Science.gov (United States)

    2010-10-01

    ... in § 303.101 of this chapter; (3) Procedures for obtaining overdue support from State income tax... provisions, the same materials, the same evaluation methods, and the same training for the personnel of these... § 303.104 of this chapter. (d)(1) Exemption. A State may apply for an exemption from any of the...

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

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2015-07-01

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

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

    Science.gov (United States)

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

    2018-01-01

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

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

    Science.gov (United States)

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

    2009-04-01

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

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

    International Nuclear Information System (INIS)

    1984-02-01

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

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

    Directory of Open Access Journals (Sweden)

    Donna Lee Bowen

    2015-10-01

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

  1. Consumer bankruptcy law for Ethiopia: Lessons from United States ...

    African Journals Online (AJOL)

    After deregulation of consumer credit and resultant availability, ... Germany, United States, United Kingdom and France are some of the countries ... social insurance, development policy and rehabilitative function of discharge and fresh start.

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

    Science.gov (United States)

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

    2017-12-01

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

  3. Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

    OpenAIRE

    Francine Lafontaine; Fiona Scott Morton

    2010-01-01

    In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, an...

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

    Science.gov (United States)

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

    2010-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Elizabeth Ann Wilson Whetmore

    2013-02-01

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

  6. Fundamental Laws of the State: The Spanish Constitution.

    Science.gov (United States)

    Ministerio de Informacion y Turismo, Madrid (Spain).

    This political document is introduced by the head of the Spanish State, His Excellency Don Francisco Franco Bahamonde in a speech given on 22 November 1966 to the session of the Spanish Cores. The speech outlines in general terms the political and philosophical ideals of His Excellency. The Constitution is presented in several sections including:…

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

    International Nuclear Information System (INIS)

    Rios, P.R.

    2004-01-01

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

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

    OpenAIRE

    Smith, Tony

    2011-01-01

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

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

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

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

  10. 22 CFR 92.92 - Service of legal process under provisions of State law.

    Science.gov (United States)

    2010-04-01

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

  11. 12 CFR 617.7630 - Does this Federal requirement affect any state property laws?

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Lamb, C. M.

    1974-01-01

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

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

    Science.gov (United States)

    Laughon, Kathryn; Glass, Nancy; Worrell, Claude

    2009-01-01

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

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

    Science.gov (United States)

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

    2015-01-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

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

    Science.gov (United States)

    Sollom, T; Donovan, P

    1985-01-01

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

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

    Science.gov (United States)

    Anestis, Michael D; Anestis, Joye C

    2015-10-01

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

  18. Transgendered Prisoners in the United States: A Progression of Laws

    OpenAIRE

    Alexander, Rudolph

    2013-01-01

    In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disor...

  19. Civil law

    NARCIS (Netherlands)

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

    2014-01-01

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

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

    Science.gov (United States)

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

    2018-06-01

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

  1. Association of State Recreational Marijuana Laws With Adolescent Marijuana Use.

    Science.gov (United States)

    Cerdá, Magdalena; Wall, Melanie; Feng, Tianshu; Keyes, Katherine M; Sarvet, Aaron; Schulenberg, John; O'Malley, Patrick M; Pacula, Rosalie Liccardo; Galea, Sandro; Hasin, Deborah S

    2017-02-01

    Historical shifts are occurring in marijuana policy. The effect of legalizing marijuana for recreational use on rates of adolescent marijuana use is a topic of considerable debate. To examine the association between the legalization of recreational marijuana use in Washington and Colorado in 2012 and the subsequent perceived harmfulness and use of marijuana by adolescents. We used data of 253 902 students in eighth, 10th, and 12th grades from 2010 to 2015 from Monitoring the Future, a national, annual, cross-sectional survey of students in secondary schools in the contiguous United States. Difference-in-difference estimates compared changes in perceived harmfulness of marijuana use and in past-month marijuana use in Washington and Colorado prior to recreational marijuana legalization (2010-2012) with postlegalization (2013-2015) vs the contemporaneous trends in other states that did not legalize recreational marijuana use in this period. Perceived harmfulness of marijuana use (great or moderate risk to health from smoking marijuana occasionally) and marijuana use (past 30 days). Of the 253 902 participants, 120 590 of 245 065(49.2%) were male, and the mean (SD) age was 15.6 (1.7) years. In Washington, perceived harmfulness declined 14.2% and 16.1% among eighth and 10th graders, respectively, while marijuana use increased 2.0% and 4.1% from 2010-2012 to 2013-2015. In contrast, among states that did not legalize recreational marijuana use, perceived harmfulness decreased by 4.9% and 7.2% among eighth and 10th graders, respectively, and marijuana use decreased by 1.3% and 0.9% over the same period. Difference-in-difference estimates comparing Washington vs states that did not legalize recreational drug use indicated that these differences were significant for perceived harmfulness (eighth graders: % [SD], -9.3 [3.5]; P = .01; 10th graders: % [SD], -9.0 [3.8]; P = .02) and marijuana use (eighth graders: % [SD], 5.0 [1.9]; P = .03; 10th graders

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

    Science.gov (United States)

    Fuller, B; Ip, M

    2001-01-01

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

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

    Science.gov (United States)

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

    2001-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Mahdavi Sabet

    2017-06-01

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

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

    OpenAIRE

    Domazet, Siniša

    2017-01-01

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

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

    Science.gov (United States)

    2011-02-16

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

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

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

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

  8. Case law: France, Germany, India, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    France: Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF's permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas; Conseil d'Etat decision regarding Atelier de technologie de plutonium (ATPu) located at the Cadarache site. Germany: Request for arbitration against Germany at the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) because of Germany's legislation leading to the phase-out of nuclear energy. India: Cases related to the Kudankulam Nuclear Power Project (KKNPP). Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Inc. on the revocation of the operating licence for the Muehleberg nuclear power plant. United States: Judgement of the Court of Appeals for the D.C. Circuit vacating the NRC's 2010 Waste Confidence Decision and Rule Update; U.S. Supreme Court declines petition for certiorari filed by property owners on Price- Anderson Act claim for damages; Judgement of the NRC Atomic Safety and Licensing Board finding applicants ineligible to obtain a combined license because they are owned by a U.S. corporation that is 100% owned by a foreign corporation; Judgement of an NRC Atomic Safety and Licensing Board Authorizing Issuance of a license for the construction and operation of a commercial laser enrichment facility

  9. Transgendered Prisoners in the United States: A Progression of Laws

    Directory of Open Access Journals (Sweden)

    Rudolph Alexander

    2013-11-01

    Full Text Available In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disorder was not a serious mental disorder—a critical component of the right to medical care and mental health treatment. Later, a few appeals courts ruled that gender identity disorder was a serious mental disorder, triggering a prisoner’s right to medical care and mental health treatment for this disorder. Prisoners with gender identity disorder have litigated for sex realignment surgery as part of their treatment, which prison administrators have balked. The latest ruling unequivocally ordered the Massachusetts Department of Corrections to give a prisoner suffering from gender identity disorder sex reassignment surgery, but the prison system has appealed. This ruling, and previous rulings, has furthered policy towards transsexual prisoners.

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

    Science.gov (United States)

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

    2016-10-01

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

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

    Science.gov (United States)

    Weitz, Lesley A.; Swieringa, Kurt A.

    2018-01-01

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

  12. 287(g): Cross-Delegating State and Local Law Enforcement Officers with Federal Immigration Authority - Homeland Security Remedy or Rue?

    National Research Council Canada - National Science Library

    Lines, Jonathan L

    2008-01-01

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

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

    NARCIS (Netherlands)

    de Groot, I.M.

    2014-01-01

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

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

    NARCIS (Netherlands)

    Plakokefalos, I.

    2015-01-01

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

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

    NARCIS (Netherlands)

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

    2011-01-01

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

  16. 12 CFR 707.1 - Authority, purpose, coverage and effect on State laws.

    Science.gov (United States)

    2010-01-01

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

  17. 12 CFR 230.1 - Authority, purpose, coverage, and effect on state laws.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

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

    2016-01-01

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

  19. 27 CFR 478.24 - Compilation of State laws and published ordinances.

    Science.gov (United States)

    2010-04-01

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

  20. 15 CFR 8a.535 - Effect of state or local law or other requirements.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Vukadinovich, David M

    2004-01-01

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

  2. 12 CFR 557.12 - What are some examples of preempted state laws affecting deposits?

    Science.gov (United States)

    2010-01-01

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

  3. 13 CFR 113.535 - Effect of state or local law or other requirements.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Pressman, Robert

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

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

    NARCIS (Netherlands)

    Schill, S.W.

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

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

    Science.gov (United States)

    Hoang, Khanh; Reich, Sudrishti

    2017-01-01

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

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

    OpenAIRE

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

    2005-01-01

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

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

    OpenAIRE

    Eichner Maxine

    2008-01-01

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

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

    Science.gov (United States)

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

    2014-12-12

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

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

    Science.gov (United States)

    Paul, Sanku; Santhanam, M. S.

    2018-03-01

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

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

    International Nuclear Information System (INIS)

    1978-01-01

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

  12. World law

    Directory of Open Access Journals (Sweden)

    Harold J. Berman

    1999-03-01

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

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

    Science.gov (United States)

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

    2010-02-01

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

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

    Science.gov (United States)

    Colgrove, James; Lowin, Abigail

    2016-02-01

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

  15. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Science.gov (United States)

    2010-06-09

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

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

    Science.gov (United States)

    Puhl, Rebecca M; Heuer, Chelsea A

    2011-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Santarelli, Keith R.

    2009-09-01

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

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Kinga Makovi

    2016-09-01

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

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

    DEFF Research Database (Denmark)

    Andersen, Astrid Oberborbeck

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Roessner, J.D.

    1980-11-01

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

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

    DEFF Research Database (Denmark)

    Brehm, Maya

    2007-01-01

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

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

    CERN Document Server

    Rudra, Shubhobrata; Maitra, Madhubanti

    2017-01-01

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

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

    Science.gov (United States)

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

    2013-08-01

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

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

    Science.gov (United States)

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

    2014-11-18

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

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

    International Nuclear Information System (INIS)

    Liu Hong; Chen Aiqiu; Li Baiwen

    1991-01-01

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

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

    OpenAIRE

    Coukos, Pamela

    2011-01-01

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

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

    Science.gov (United States)

    2010-02-05

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

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

    Science.gov (United States)

    Aharonov, Einat; Scholz, Christopher H.

    2018-02-01

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

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

    Science.gov (United States)

    Wincott, Daniel

    2011-01-01

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

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

    International Nuclear Information System (INIS)

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

    1989-01-01

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

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

    Science.gov (United States)

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

    2015-01-01

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

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

    Science.gov (United States)

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

    2015-10-01

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

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

    Science.gov (United States)

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

    2018-03-01

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

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

    International Nuclear Information System (INIS)

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

    1994-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Sautter, John A.

    2010-10-15

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

  17. 77 FR 530 - Department of State Advisory Committee on Private International Law: Notice of Renewal of Charter

    Science.gov (United States)

    2012-01-05

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

  18. 77 FR 23318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL); Online Dispute...

    Science.gov (United States)

    2012-04-18

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

  19. 76 FR 65318 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2011-10-20

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

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

    Science.gov (United States)

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

    2014-01-01

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

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

    Science.gov (United States)

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

    2014-04-01

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

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

    Science.gov (United States)

    Stone, Dave

    2014-08-01

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

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

    Science.gov (United States)

    Rault, Jacques

    2017-09-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    Schwarze, J

    1986-01-01

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

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

    International Nuclear Information System (INIS)

    Schwarze, J.

    1986-01-01

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

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

    Science.gov (United States)

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

    2015-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Dian Puji Simatupang

    2011-09-01

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

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

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

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

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

    Science.gov (United States)

    Eichner, Maxine

    2008-08-04

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

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

    Directory of Open Access Journals (Sweden)

    Eichner Maxine

    2008-08-01

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

  11. The relationship between the Maria da Penha Law and intimate partner violence in two Brazilian states.

    Science.gov (United States)

    Gattegno, Mariana V; Wilkins, Jasmine D; Evans, Dabney P

    2016-11-17

    Globally, inequality between men and women manifests in a variety of ways. In particular, gender inequality increases the risk of perpetration of violence against women (VAW), especially intimate partner violence (IPV), by males. The World Health Organization (WHO) estimates that 35 % of women have experienced physical, psychological and/or sexual IPV at least once in their lives, making IPV unacceptably common. In 2006, the Maria da Penha Law on Domestic and Family Violence, became the first federal law to regulate VAW and punish perpetrators in Brazil. This study examines the relationship between Brazilian VAW legislation and male perpetration of VAW by comparing reported prevalence of IPV before and after the enactment of the Maria da Penha Law. To assess changes in magnitude of IPV before and after the law, we used data from the 2013 Brazilian National Health Survey; we replicated the analyses conducted for the WHO Multi-Country Study on Women's Health and Domestic Violence Against Women-whose data were collected before the passage of the Maria da Penha Law. We compare findings from the two studies. Our analyses show an increase in the reported prevalence of physical violence, and a decrease in the reported prevalence of sexual and psychological violence. The increase may result from an actual increase in physical violence, increased awareness and reporting of physical violence, or a combination of both factors. Additionally, our analysis revealed that in the urban setting of São Paulo, physical violence was more likely to be severe and occur in the home; meanwhile, in the rural state of Pernambuco, physical violence was more likely to be moderate in nature and occur in public. The Maria da Penha Law increased attention and resources for VAW response and prevention; however, its true impact remains unmeasured. Our data suggest a need for regular, systematic collection of comparable population-based data to accurately estimate the true prevalence of IPV in

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

    Science.gov (United States)

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

    2018-07-01

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

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

    OpenAIRE

    Stone, Katherine

    2008-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2017-11-15

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

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

    International Nuclear Information System (INIS)

    1983-05-01

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

  16. From to the Liberal State into the Social and Democratic State of Law: Analysis of the Emergence of Judicial Activism

    Directory of Open Access Journals (Sweden)

    Alexandre Luna da Cunha

    2016-10-01

    Full Text Available This article will examine the relationship between the judiciary and the effectiveness of social rights and, consequently, the vaunted judicial activism. More specifically, the article will answer the following question: the role of the judiciary has changed with the development of state models? Article develop their problem by analyzing the function of the judiciary in each of these rule of law models: the Liberal, Social (in spite of that State have not been fully implemented in Brazil and the Democratic. To do so, take into account the relationship between the established powers republish, social movement for the conquest of rights and assertiveness of a new generation of rights. The "Judicial activism" is analyzed as the practical consequence of a new constitutionalism, more guided in the realization of social rights outlined in the constitutions of democratic character.

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

    Directory of Open Access Journals (Sweden)

    John Christian Laursen

    2018-06-01

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

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

    Directory of Open Access Journals (Sweden)

    Erbi Ago

    2015-03-01

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

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

    Science.gov (United States)

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

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

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

    Science.gov (United States)

    Allison, Kali L.; Dunham, Eric M.

    2018-05-01

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

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

    Science.gov (United States)

    Whitney, Daniel W

    2010-01-01

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

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

    Science.gov (United States)

    Depew, Briggs

    2015-01-01

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

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

    International Nuclear Information System (INIS)

    1984-09-01

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

  4. 75 FR 66420 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Online Dispute...

    Science.gov (United States)

    2010-10-28

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

  5. 12 CFR 987.2 - Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States...

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Dingman, Deirdre A; Schmit, Cason D

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

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

    Science.gov (United States)

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

    2018-05-22

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

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

    Science.gov (United States)

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

    2010-07-01

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

  9. Suppression law of quantum states in a 3D photonic fast Fourier transform chip

    Science.gov (United States)

    Crespi, Andrea; Osellame, Roberto; Ramponi, Roberta; Bentivegna, Marco; Flamini, Fulvio; Spagnolo, Nicolò; Viggianiello, Niko; Innocenti, Luca; Mataloni, Paolo; Sciarrino, Fabio

    2016-01-01

    The identification of phenomena able to pinpoint quantum interference is attracting large interest. Indeed, a generalization of the Hong–Ou–Mandel effect valid for any number of photons and optical modes would represent an important leap ahead both from a fundamental perspective and for practical applications, such as certification of photonic quantum devices, whose computational speedup is expected to depend critically on multi-particle interference. Quantum distinctive features have been predicted for many particles injected into multimode interferometers implementing the Fourier transform over the optical modes. Here we develop a scalable approach for the implementation of the fast Fourier transform algorithm using three-dimensional photonic integrated interferometers, fabricated via femtosecond laser writing technique. We observe the suppression law for a large number of output states with four- and eight-mode optical circuits: the experimental results demonstrate genuine quantum interference between the injected photons, thus offering a powerful tool for diagnostic of photonic platforms. PMID:26843135

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

    Science.gov (United States)

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

    2016-11-01

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

  11. New Economic Policy As A Period In The History Of The Domestic State And Law

    Directory of Open Access Journals (Sweden)

    Valeriy V. Burdanov

    2014-12-01

    Full Text Available In the present article the importance of the Soviet period studying in the context of historical and legal science is explained. The legal nature of the new economic policy and regulatory frameworks of it’s principles implement are analyzed. It is noted that today, obviously, not enough attention is paid to the development of cooperation and yet in our history there are examples of its true heyday, and NEP is an excellent example. Author draws attention to the normative legal acts, devoted to the development of economy during the NEP. In the article a strong correlation of economy with law is shown. Enacted legal acts, which were aimed on the establishment of the legal system in the young Soviet State, were determined by economic factors and their dynamics, but were developed and adopted with the account to the political situation. It is concluded that the New Economic Policy was a course taken forcedly. In this capacity it took shape gradually during the 1921 - 1922 years, what found reflected in decisions of highest Soviet ordinances and resolutions of party congresses, as well as adopted in this period regulations. Denial from the emergency legislation of the "war communism" period made a more flexible policy possible in the NEP period, both in the economy and in other spheres of state and public life. Rejection of emergency measures allowed to start work on the development of law as a regulator of new social relations. During the NEP period an extensive work on the Soviet legislation codification was conducted.

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

    Energy Technology Data Exchange (ETDEWEB)

    Kotulla, M.

    1999-07-01

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

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

    Science.gov (United States)

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

    2018-04-01

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

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

    Science.gov (United States)

    Blum, J D

    1999-01-01

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

  15. The Importance of Comparative Law in Legal Education: United States Goals and Methods of Legal Comparison

    Science.gov (United States)

    Ault, Hugh J.; Glendon, Mary Ann

    1976-01-01

    Discusses the rationale for teaching comparative law and describes techniques and results of experiments with two kinds of courses at Boston College Law School: (1) Comparative Legal Analysis, a perspective course, and (2) integration of comparative law as another dimension into courses in a particular subject matter area. (JT)

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

    Science.gov (United States)

    Qiao, Nan; Bell, Teresa Maria

    2016-01-01

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

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

    International Nuclear Information System (INIS)

    1985-12-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

    None

    1980-08-01

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

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

    Directory of Open Access Journals (Sweden)

    Lambert H.B. Asemota

    2017-04-01

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

  20. Network-state modulation of power-law frequency-scaling in visual cortical neurons.

    Science.gov (United States)

    El Boustani, Sami; Marre, Olivier; Béhuret, Sébastien; Baudot, Pierre; Yger, Pierre; Bal, Thierry; Destexhe, Alain; Frégnac, Yves

    2009-09-01

    Various types of neural-based signals, such as EEG, local field potentials and intracellular synaptic potentials, integrate multiple sources of activity distributed across large assemblies. They have in common a power-law frequency-scaling structure at high frequencies, but it is still unclear whether this scaling property is dominated by intrinsic neuronal properties or by network activity. The latter case is particularly interesting because if frequency-scaling reflects the network state it could be used to characterize the functional impact of the connectivity. In intracellularly recorded neurons of cat primary visual cortex in vivo, the power spectral density of V(m) activity displays a power-law structure at high frequencies with a fractional scaling exponent. We show that this exponent is not constant, but depends on the visual statistics used to drive the network. To investigate the determinants of this frequency-scaling, we considered a generic recurrent model of cortex receiving a retinotopically organized external input. Similarly to the in vivo case, our in computo simulations show that the scaling exponent reflects the correlation level imposed in the input. This systematic dependence was also replicated at the single cell level, by controlling independently, in a parametric way, the strength and the temporal decay of the pairwise correlation between presynaptic inputs. This last model was implemented in vitro by imposing the correlation control in artificial presynaptic spike trains through dynamic-clamp techniques. These in vitro manipulations induced a modulation of the scaling exponent, similar to that observed in vivo and predicted in computo. We conclude that the frequency-scaling exponent of the V(m) reflects stimulus-driven correlations in the cortical network activity. Therefore, we propose that the scaling exponent could be used to read-out the "effective" connectivity responsible for the dynamical signature of the population signals measured

  1. Network-state modulation of power-law frequency-scaling in visual cortical neurons.

    Directory of Open Access Journals (Sweden)

    Sami El Boustani

    2009-09-01

    Full Text Available Various types of neural-based signals, such as EEG, local field potentials and intracellular synaptic potentials, integrate multiple sources of activity distributed across large assemblies. They have in common a power-law frequency-scaling structure at high frequencies, but it is still unclear whether this scaling property is dominated by intrinsic neuronal properties or by network activity. The latter case is particularly interesting because if frequency-scaling reflects the network state it could be used to characterize the functional impact of the connectivity. In intracellularly recorded neurons of cat primary visual cortex in vivo, the power spectral density of V(m activity displays a power-law structure at high frequencies with a fractional scaling exponent. We show that this exponent is not constant, but depends on the visual statistics used to drive the network. To investigate the determinants of this frequency-scaling, we considered a generic recurrent model of cortex receiving a retinotopically organized external input. Similarly to the in vivo case, our in computo simulations show that the scaling exponent reflects the correlation level imposed in the input. This systematic dependence was also replicated at the single cell level, by controlling independently, in a parametric way, the strength and the temporal decay of the pairwise correlation between presynaptic inputs. This last model was implemented in vitro by imposing the correlation control in artificial presynaptic spike trains through dynamic-clamp techniques. These in vitro manipulations induced a modulation of the scaling exponent, similar to that observed in vivo and predicted in computo. We conclude that the frequency-scaling exponent of the V(m reflects stimulus-driven correlations in the cortical network activity. Therefore, we propose that the scaling exponent could be used to read-out the "effective" connectivity responsible for the dynamical signature of the population

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

    Science.gov (United States)

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

    2016-04-16

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

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

    Science.gov (United States)

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

    2018-03-05

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

  4. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

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

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

    NARCIS (Netherlands)

    Douma, S.; Kardachaki, A.

    2016-01-01

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

  6. Commentary on the 2010 model law "on joint-stock companies" for CIS member states

    Index Scriptorium Estoniae

    2011-01-01

    Kogu ajakirjanumber keskendub SRÜ Parlamentidevahelise Assamblee mudelseadusele avalike aktsiaseltside kohta. Kommentaar ja mudelseaduse tekst. Model law on joint-stock companies (17.veebr, 1996, muudet. 2005)

  7. Case law

    International Nuclear Information System (INIS)

    2016-01-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2010-01-01

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

  9. Awareness of United States' Law for Nursing Mothers among Employers in New Orleans, Louisiana.

    Science.gov (United States)

    Alb, Caitrin H; Theall, Katherine; Jacobs, Marni B; Bales, Ana

    The U.S. Federal Reasonable Break Time for Nursing Mothers Law to support breastfeeding employees was passed in 2010, as part of the Affordable Care Act. However, few data are available assessing employers' awareness of the law or its implementation. The study aims were to 1) describe New Orleans employers' awareness of the law, 2) determine the extent of the law implementation within workplaces, and 3) determine the associations between workplace characteristics and employers' awareness and implementation. A cross-sectional survey was mailed to 652 workplaces with more than 50 employees in New Orleans, Louisiana, in the fall of 2013. A random sample of those who did not respond was called. The survey included questions about the industry category, number and type of employees, the employers' awareness of the law, if they had begun to implement the law, and their perceptions of barriers to implementation. The final sample included 182 workplaces (27.9% response rate). Eighty-seven participants (47.8%) reported having heard of the law. However, 52.7% of the participants (n = 96) responded that they had begun to implement the law. Large workplaces (≥100 employees) were more than four times as likely to be aware of the law compared with smaller workplaces (odds ratio, 4.23; 95% confidence interval, 1.69-10.59). The results were similar for beginning implementation. The proportion of large workplaces who are aware of the law remains lower than it should be, even 3 years after the institution of the Affordable Care Act. Outreach to all workplaces, including smaller ones, is needed to inform employers about the law and give them tools for implementation. Copyright © 2016 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

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

    International Nuclear Information System (INIS)

    1982-01-01

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

  11. An Interpretive Inquiry of the Case Law of Teacher Evaluation in the Southern Regional Education Board States: Forecasting Pressing Problems

    Science.gov (United States)

    Kidder-Wilkerson, Kathy S.

    2009-01-01

    The purpose of this study was to analyze case law related to teacher evaluation between 1980 and 2008 in the SREB states to determine the problems associated with teacher evaluation and if these problems were documented in the literature. Content analysis of teacher dismissal cases revealed many types of teacher evaluation problems. The two most…

  12. Teacher Satisfaction and Turnover in Charter Schools: Examining the Variations and Possibilities for Collective Bargaining in State Laws

    Science.gov (United States)

    Torres, A. Chris; Oluwole, Joseph

    2015-01-01

    Charter schools see as many as one in four teachers leave annually, and recent evidence attributes much of this turnover to provisions affected by collective bargaining processes and state laws such as salary, benefits, job security, and working hours. There have been many recent efforts to improve teacher voice in charter schools (Kahlenberg…

  13. 77 FR 50404 - Electronic Fund Transfers; Intent To Make Determination of Effect on State Laws (Maine and...

    Science.gov (United States)

    2012-08-21

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

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

    Science.gov (United States)

    2010-12-01

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

  15. 76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-09-14

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

  16. 76 FR 77584 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2011-12-13

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

  17. Should Cops Be Spies? Evaluating the Collection and Sharing of National Security Intelligence by State, Local and Tribal Law Enforcement

    Science.gov (United States)

    2013-03-01

    criminal activity, while state, local and tribal law enforcement provide the local-area expertise. A side benefit of this symbiotic relationship is all...intelligence was focused primarily on geopolitical rivalries” (pp. 41–42). Now that al-Qa’ida, through its surrogates and franchisees —as well as through its

  18. 29 CFR 825.702 - Interaction with Federal and State anti-discrimination laws.

    Science.gov (United States)

    2010-07-01

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

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

    Directory of Open Access Journals (Sweden)

    Américo Bedê Freire Júnior

    2017-05-01

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

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

    Science.gov (United States)

    Ferdowsi, B.; Rubin, A. M.

    2017-12-01

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

  1. UNCLOS and International Law

    DEFF Research Database (Denmark)

    Martinez Romera, Beatriz; Coelho, Nelson F.

    2018-01-01

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

  2. [Literature review and state of the art of the Italian law on medically assisted reproduction].

    Science.gov (United States)

    Ricci, G; Delbon, P; Conti, A; Sirignano, A

    2015-01-01

    This article analyzes the current situation of medically assisted reproduction in Italy after the promulgation of Law 40 in 2004. This law is actually completely different from the origin version. The controversial points like reproduction for couples who bear genetic diseases, prohibition of heterologous fertilization, cryoconservation of the embryos, obligation to perform just one and contemporaneous implant of all the embryos produced, are today definitively erased. This new situation is due to the jurisprudence of the Italian Courts but especially to the changes introduced by the European Court of Human Rights and by the questions of constitutionality raised by some Italian Courts. After analysis of the legislation, the views of various authors are compared, and the weaknesses and strong points of the law are considered from the point of view of legal medicine, science and bioethics. After ten years of operation of this law Italy has returned to a situation that existed before the law. In fact the old law was only full of prohibitions. Now is possible to do heterologous fertilization and this article photographs the current situation of hospitals for assisted procreation in Italy. The work also comments on procreative tourism, a direct consequence of this law, and on the status of women, who must be the subject and not the object of the legislation.

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

    Science.gov (United States)

    Hagin, Paul N.

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

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

    Science.gov (United States)

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

    2008-01-01

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

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

    Science.gov (United States)

    King, Brian A.; Babb, Stephen D.

    2016-01-01

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

  6. Drug per se laws: a review of their use in the states : traffic tech.

    Science.gov (United States)

    2010-09-01

    Research has indicated that per se laws for alcohol have been : effective in reducing alcohol-related fatalities. A difficulty : in prosecuting drivers for driving impaired by drugs other : than alcohol is that there is no scientific basis for specif...

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

    Science.gov (United States)

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

    2018-02-26

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

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

    Science.gov (United States)

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

    2014-05-01

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

  9. Evolving impact of environmental laws on cross-border power between Mexico and the United States

    International Nuclear Information System (INIS)

    Barron, J.

    2005-01-01

    There has been a growing concern among some United States (US) residents that the increasing number of merchant power plants planned for the Mexican side of the US/Mexican border could contribute to increased air pollution and the misuse of finite water resources in the border region. The case of Border Power Plant Working Group v. DOE, et al. is examined in this paper, providing a focus for a discussion of the border region's future as US merchant power producers continue to position themselves to provide electricity in California. One of the factors in the push to develop power generation on the Mexican side of the border was California's electricity crisis of 2000-2001, and plans have been drawn up to build 22 plants between Mexicali and Ciudad Juarez. A history of the Border Power Plant Working Group (BPPWG) was presented, along with details of the government's granting of permits for the power plants after environmental assessments. By suing the government BPPWG hoped to set a standard for future power plant development in the area. The lawsuit addressed the following 4 primary concerns: air emissions; emission offsets; water cooling; and wastewater discharge. BPPWG aimed to achieve the 3 following results: protective legislation in the 4 U.S. border states that would preclude the use of massive amounts of water in border power plant cooling systems; a critical area designation with pollution limits set low enough to require catalytic control systems; and an overarching annex to the La Paz Agreement that would create a formal bi-national agreement governing the above actions for both countries. A review of environmental law in both countries was presented, along with a description of the proposed plants. A complete review of the lawsuit was provided, along with eventual rulings against the BPPWG. It was concluded that the case showed that power developers had proved that although the plants would contribute to the environmental degradation of the region, the

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

    Science.gov (United States)

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

    2017-12-01

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

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

    OpenAIRE

    Rudisill, Toni M; Zhu, Motao

    2016-01-01

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

  12. Washington State's Lystedt law in concussion documentation in Seattle public high schools.

    Science.gov (United States)

    Bompadre, Viviana; Jinguji, Thomas M; Yanez, N David; Satchell, Emma K; Gilbert, Kaiulani; Burton, Monique; Conrad, Ernest U; Herring, Stanley A

    2014-01-01

    The Lystedt law requires high school athletes who have sustained a concussion to be removed from practice and play and not to be allowed to return until cleared by a medical professional. To determine the effect of the Lystedt law on injury and concussion documentation in the Seattle public high schools. Cross-sectional study. Seattle public high schools. The numbers of students, aged 13 to 19 years in the 2008-2009, 2009-2010, and 2010-2011 school years, were 4348, 4925, and 4806, respectively. All injuries documented in SportsWare by athletic trainers in Seattle public high schools. We evaluated all injuries, including concussions recorded during the 2008-2009 school year, before the Lystedt law, and during the 2 school years after the law took effect (2009-2010 and 2010-2011). Incidence rates before and after the law were estimated and compared. The concussion rate was -1.09% in 2008-2009, 2.26% in 2009-2010, and 2.26% in 2010-2011. A comparison of relative risks showed that the incidence rates of concussions were different before and 1 year after the Lystedt law (relative risk = 2.10; 95% confidence interval [CI] = 1.50, 2.93) and 2 years after the law (relative risk = 2.10; 95% CI = 1.49, 2.93). Overall, the mean number of days out of play after 2008-2009 was almost 7 days greater after the law took effect (difference = 6.9 days; 95% CI = 0.70, 13.1). For females, the mean number of days out of play after 2008-2009 was more than 17 days in 2009-2010 (difference = 17.2 days; 95% CI = 4.81, 29.5) and was more than 6 days in 2010-2011 (difference = 6.3 days; 95% CI = 1.62, 11.0). The number of documented concussions more than doubled after the institution of the Lystedt law, which may be attributed to heightened awareness and closer monitoring.

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

    Science.gov (United States)

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

    2018-05-01

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

  14. THE JUDGE'S PROBATIVE INITIATIVE: CONTRASTS AND LIMITATIONS FROM THE LEGAL-CONSTITUTIONAL PARADIGM OF LAWFUL DEMOCRATIC STATE

    Directory of Open Access Journals (Sweden)

    Igor Alves Noberto Soares

    2016-12-01

    Full Text Available This article will reflect on the production of proof by the judge, in the context of Criminal Procedure, according to the rules presents in the brazilian legal system. Therefore, the critcial incursions will take into account the technical constructions expressed from the legal and constitutional paradigm of Lawful Democratic State, in order to counter the currently permissive system that confers, to judging agent, the probative initiative.

  15. The law of radiation protection in the member states of the European Community. Vol. 2

    International Nuclear Information System (INIS)

    Bischof, W.; Pelzer, N.

    1983-01-01

    After a first publication concerning the law of radiation protection in the Benelux Countries in volume II the law of radiation protection in the Federal Republic of Germany is represented. The investigation which compares the different laws discusses not only the substantive bases and repercussions of the provisions of radiation protection; the commission furthermore is interested to examine to what extent it was successful to bring the national provisions of radiation protection into one line with each other on the basis of the fundamental standards of Euratom. Apart from a comprehensive discussion of the provisions of radiation protection and of the organization of radiation protection critical annotations are made to some topics. The volume consists of the following chapters: development, fundamentals, principles and definitions, organization of radiation protection, nuclear installations, radioactive substances and waste, protection and population and environment, internal radiation protection, medical supervision, radiation on foodstuffs and radiopharmaca, legal provisions governing fines and penalties. (orig./HSCH) [de

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

    Directory of Open Access Journals (Sweden)

    Andrey V. Bezrukov

    2018-01-01

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

  17. Constitutive law for seismicity rate based on rate and state friction: Dieterich 1994 revisited.

    Science.gov (United States)

    Heimisson, E. R.; Segall, P.

    2017-12-01

    Dieterich [1994] derived a constitutive law for seismicity rate based on rate and state friction, which has been applied widely to aftershocks, earthquake triggering, and induced seismicity in various geological settings. Here, this influential work is revisited, and re-derived in a more straightforward manner. By virtue of this new derivation the model is generalized to include changes in effective normal stress associated with background seismicity. Furthermore, the general case when seismicity rate is not constant under constant stressing rate is formulated. The new derivation provides directly practical integral expressions for the cumulative number of events and rate of seismicity for arbitrary stressing history. Arguably, the most prominent limitation of Dieterich's 1994 theory is the assumption that seismic sources do not interact. Here we derive a constitutive relationship that considers source interactions between sub-volumes of the crust, where the stress in each sub-volume is assumed constant. Interactions are considered both under constant stressing rate conditions and for arbitrary stressing history. This theory can be used to model seismicity rate due to stress changes or to estimate stress changes using observed seismicity from triggered earthquake swarms where earthquake interactions and magnitudes are take into account. We identify special conditions under which influence of interactions cancel and the predictions reduces to those of Dieterich 1994. This remarkable result may explain the apparent success of the model when applied to observations of triggered seismicity. This approach has application to understanding and modeling induced and triggered seismicity, and the quantitative interpretation of geodetic and seismic data. It enables simultaneous modeling of geodetic and seismic data in a self-consistent framework. To date physics-based modeling of seismicity with or without geodetic data has been found to give insight into various processes

  18. State of enforcement of the law concerning prevention from radiation hazards due to radio-isotopes

    International Nuclear Information System (INIS)

    1977-01-01

    In view of the recent advance of radiation utilization in many fields, the situation as of the end of fiscal 1976 under the law is described. The statistics on the number of enterprises concerning radioisotope usage, sales and waste-treatment are first given. Then, the measures taken by the Science and Technology Agency to improve radiation hazard prevention are explained, and cooperation with other governmental offices, efforts by the enterprises, steps taken for the enterprises of nondestructive testing, hospitals, universities, etc., and restudy on the law are described. (Mori, K.)

  19. Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

    Science.gov (United States)

    Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

    2014-11-01

    While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

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

    Science.gov (United States)

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

    2010-01-01

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

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

    Science.gov (United States)

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

    2012-01-01

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

  2. Colonialism, customary law and the post-colonial state in Africa: the ...

    African Journals Online (AJOL)

    Colonialism became a fact of life in many African countries. An effect of colonialism especially in the former British colonized countries was the transplantation of the British legal system, which led to recognition of both systems and the gradual relegation of the indigenous system otherwise called customary law. The use and ...

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

    Science.gov (United States)

    2014-09-01

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

  4. Governance and law in transition states : [doktoritöö] / Taavi Annus ; juhendaja: Wolfgang Drechsler

    Index Scriptorium Estoniae

    Annus, Taavi, 1977-

    2004-01-01

    Sisaldab artikleid: Comparative constitutional reasoning : the law and strategy of selecting the right arguments ; Die Verfassungsentwicklung in Estland von 1992 bis 2001 ; Judicial behavior in transition : the effects of judge and defendant characteristics ; The right to health protection in the Estonian Constitution ; German authors on Estonian minority rights

  5. Creating a Learning Organization for State, Local, and Tribal Law Enforcement to Combat Violent Extremism

    Science.gov (United States)

    2016-09-01

    investigate blind spots and signals of unexpected events. 2. Combine scenario thinking and explorations of organizational purpose. 3. Develop...communication, collaboration, strategic thinking , learning organizations, law enforcement partners 15. NUMBER OF PAGES 103 16. PRICE CODE 17... THINKING ............................................................................30 E. SCENARIO PLANNING

  6. Can a state house of assembly enact pension law in Nigeria ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence. Journal Home · ABOUT THIS JOURNAL · Advanced Search · Current Issue · Archives · Journal Home > Vol 8, No 2 (2017) >. Log in or Register to get access to full text downloads.

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

    International Nuclear Information System (INIS)

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

    1978-01-01

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

  8. The current state of abortion law and practice in Northern Ireland.

    Science.gov (United States)

    Daniels, Pauline; Campbell, Patricia; Clinton, Alison

    This paper reviews current abortion law and practice in Northern Ireland (NI). It explores the origins of NI's abortion law and its complexity in relation to current practice. It reviews issues relating to women seeking terminations in NI and Great Britain and reviews attempts by the Family Planning Association in NI to require the Department of Health, Social Services and Public Safety NI to clarify the current legal basis for termination of pregnancy and to provide guidance for health professionals engaged in this practice. The paper also discusses some of the issues surrounding abortion in NI and seeks to explain why this subject is causing controversy and debate, especially following a judicial review in February and Marie Stopes opening a termination service in Belfast.

  9. Finding the Gaps: A Comparative Analysis of Disability Laws in the United States to the United Nations Convention on the Rights of Persons with Disabilities (CRPD)

    Science.gov (United States)

    National Council on Disability, 2008

    2008-01-01

    The purpose of this paper is to help the National Council on Disability (NCD), and others, better understand how the Convention on the Rights of Persons with Disabilities, if ratified by the United States, might impact U.S. disability laws by examining the degree to which U.S. law is consistent with the CRPD. The paper endeavors to analyze the…

  10. The relationship between the Maria da Penha Law and intimate partner violence in two Brazilian states

    OpenAIRE

    Gattegno, Mariana V.; Wilkins, Jasmine D.; Evans, Dabney P.

    2016-01-01

    Background Globally, inequality between men and women manifests in a variety of ways. In particular, gender inequality increases the risk of perpetration of violence against women (VAW), especially intimate partner violence (IPV), by males. The World Health Organization (WHO) estimates that 35 % of women have experienced physical, psychological and/or sexual IPV at least once in their lives, making IPV unacceptably common. In 2006, the Maria da Penha Law on Domestic and Family Violence, becam...

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

    Science.gov (United States)

    Rahayu, D.

    2018-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Diego Armando Yáñez Meza

    2013-06-01

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

  13. Local conservation laws and the structure of the many-body localized states.

    Science.gov (United States)

    Serbyn, Maksym; Papić, Z; Abanin, Dmitry A

    2013-09-20

    We construct a complete set of local integrals of motion that characterize the many-body localized (MBL) phase. Our approach relies on the assumption that local perturbations act locally on the eigenstates in the MBL phase, which is supported by numerical simulations of the random-field XXZ spin chain. We describe the structure of the eigenstates in the MBL phase and discuss the implications of local conservation laws for its nonequilibrium quantum dynamics. We argue that the many-body localization can be used to protect coherence in the system by suppressing relaxation between eigenstates with different local integrals of motion.

  14. Fast sweeping methods for hyperbolic systems of conservation laws at steady state II

    Science.gov (United States)

    Engquist, Björn; Froese, Brittany D.; Tsai, Yen-Hsi Richard

    2015-04-01

    The idea of using fast sweeping methods for solving stationary systems of conservation laws has previously been proposed for efficiently computing solutions with sharp shocks. We further develop these methods to allow for a more challenging class of problems including problems with sonic points, shocks originating in the interior of the domain, rarefaction waves, and two-dimensional systems. We show that fast sweeping methods can produce higher-order accuracy. Computational results validate the claims of accuracy, sharp shock curves, and optimal computational efficiency.

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

    DEFF Research Database (Denmark)

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

    2016-01-01

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

  16. International contracts - private autonomy and State law: consideration of recent trends with particular attention to their effect on nuclear contracts

    International Nuclear Information System (INIS)

    Carbone, Sergio

    1981-01-01

    This paper provides a description of several types of international contracts and their clauses, in particular in relation to their limitations which are partly due to compliance with the law of the countries concerned. The actions of private business concerns are increasingly conditioned by the position taken at government level, while States in turn are governed by commitments under Treaties they have concluded, e.g. the International Monetary Fund Treaty and the 1980 Rome Convention relating to contractual obligations. The author also deals with private autonomy and international contracts in the context of the development of international economic relationships. (NEA) [fr

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

    Directory of Open Access Journals (Sweden)

    Gennadiy N. Gorshenkov

    2015-12-01

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

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

    Science.gov (United States)

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

    2017-06-01

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

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

    Science.gov (United States)

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

    2015-03-01

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

  20. Case law

    International Nuclear Information System (INIS)

    Anon.

    1999-01-01

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

  1. Case law

    International Nuclear Information System (INIS)

    2015-01-01

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

  2. Low-level waste management: a report on the states - the laws, the legislature, the administration

    International Nuclear Information System (INIS)

    1981-10-01

    This document presents a state-by-state review of existing legislation on low-level radioactive waste disposal. As noted in the introduction, exploration of regional waste management has begun in many parts of the country. To aid readers wishing to obtain legislative information quickly, this document has been organized according to those general geographical areas currently engaged in regional discussion. The first section includes those states who have yet to enter into formal compact negotiations or who have indicated their intention to manage waste as a single state. At this writing only three states have enacted a regional compact. It should also be noted that the membership of the Midwest and Southcentral areas particularly are in considerable flux. The grouping of state profiles in this document is thus for the purpose of quick reference to the changing national picture and is not presented as recommended regions

  3. Advancing Direct Corporate Accountability in International Human Rights Law: The Role of State-Owned Enterprises

    OpenAIRE

    Ma, Xili

    2017-01-01

    Resorting to the immensely State-centric international legal system to regulate corporate human rights abuses is often viewed as inadequate. Among many proposals aiming at filling the international regulatory gaps, imposing international human rights obligations directly on corporations is a bold one, which, due to profound doctrinal and practical challenges, has yet to be agreed upon or established. However, State-Owned Enterprises (SOEs), given its prima facie “State-Business nexus” that bl...

  4. A Concise Equation of State for Aqueous Solutions of Electrolytes Incorporating Thermodynamic Laws and Entropy

    Directory of Open Access Journals (Sweden)

    Raji Heyrovská

    2004-03-01

    Full Text Available Abstract: Recently, the author suggested a simple and composite equation of state by incorporating fundamental thermodynamic properties like heat capacities into her earlier concise equation of state for gases based on free volume and molecular association / dissociation. This work brings new results for aqueous solutions, based on the analogy of the equation of state for gases and solutions over wide ranges of pressures (for gases and concentrations (for solutions. The definitions of entropy and heat energy through the equation of state for gases, also holds for solutions.

  5. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

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

  6. The principles and values of the social state of law as a legal and political framework for resolving conflicts

    International Nuclear Information System (INIS)

    Valencia Hernandez, Javier Gonzaga

    2008-01-01

    The social state of law is the legal politic framework proposed in the 1991 Constitution, in which Colombians expect to construct a new relationship with nature, based in principles and values such as life, prevalence of general interest over the individual, solidarity, protection of cultural and natural wealth, human dignity and civic participation. The environmental conflicts currently pose a new challenge for the jurists, given that for its comprehension, development and solution proposal it becomes necessary to have a general legal framework and rules of environmental law, as well as principles and values consecrated in the constitution and in other international instruments ratified by Colombia. The participation of an informed, trained and deliberative citizenship, in the resolution of environmental conflicts and in the decisions taken over the environment, will create a dynamic public opinion that will question governors, will manage jointly their own projects and will promote different values from those created from the consumer societies and the individual ownership in the actual states

  7. The OSHA Communication Standard and State Right-to-Know Laws.

    Science.gov (United States)

    Roll, Michalene H.

    1990-01-01

    As a result of a 1988 federal appellate court mandate, schools and colleges in 24 states and 2 territories with OSHA-approved state plans must inform their employees about hazardous chemicals to which they may be exposed. School administrators should implement a responsible program meeting regulatory compliance, tort liability, and public…

  8. Handbook of Laws and Regulations Affecting Public Libraries in New York State. Second Edition.

    Science.gov (United States)

    Eisner, Joseph, Comp.

    In a looseleaf format which permits easy revision, this handbook synthesizes statutes, opinions, and regulations that affect library operation in New York State. The text consists of excerpts and synopses of statutes and opinions from state agencies and courts. Topics include: (1) library types; (2) establishment and dissolution of libraries; (3)…

  9. Health Care Communication Laws in the United States, 2013: Implications for Access to Sensitive Services for Insured Dependents.

    Science.gov (United States)

    Kristoff, Iris; Cramer, Ryan; Leichliter, Jami S

    Young adults may not seek sensitive health services when confidentiality cannot be ensured. To better understand the policy environment for insured dependent confidentiality, we systematically assessed legal requirements for health insurance plan communications using WestlawNext to create a jurisdiction-level data set of health insurance plan communication regulations as of March 2013. Two jurisdictions require plan communications be sent to a policyholder, 22 require plan communications to be sent to an insured, and 36 give insurers discretion to send plan communications to the policyholder or insured. Six jurisdictions prohibit disclosure, and 3 allow a patient to request nondisclosure of certain patient information. Our findings suggest that in many states, health insurers are given considerable discretion in determining to whom plan communications containing sensitive health information are sent. Future research could use this framework to analyze the association between state laws concerning insured dependent confidentiality and public health outcomes and related sensitive services.

  10. The effect of medical marijuana laws on crime: evidence from state panel data, 1990-2006.

    Directory of Open Access Journals (Sweden)

    Robert G Morris

    Full Text Available Debate has surrounded the legalization of marijuana for medical purposes for decades. Some have argued medical marijuana legalization (MML poses a threat to public health and safety, perhaps also affecting crime rates. In recent years, some U.S. states have legalized marijuana for medical purposes, reigniting political and public interest in the impact of marijuana legalization on a range of outcomes.Relying on U.S. state panel data, we analyzed the association between state MML and state crime rates for all Part I offenses collected by the FBI.Results did not indicate a crime exacerbating effect of MML on any of the Part I offenses. Alternatively, state MML may be correlated with a reduction in homicide and assault rates, net of other covariates.These findings run counter to arguments suggesting the legalization of marijuana for medical purposes poses a danger to public health in terms of exposure to violent crime and property crimes.

  11. Current Law Limits the State Department's Authority to Manage Certain Overseas Properties Cost Effectively

    National Research Council Canada - National Science Library

    Ford, Jess

    2002-01-01

    The Department of State is the central manager for real estate at U.S. embassies and consulates and has the statutory authority to sell properties and use the sales proceeds to acquire and maintain other overseas properties...

  12. Vital Interests, Virtual Threats: Reconciling International Law with Information Warfare and United States Security

    National Research Council Canada - National Science Library

    Shawhan, Karl

    2001-01-01

    .... Nontraditional threats, however, pose asymmetric dilemmas for the United States. The increased U.S. military and economic reliance on information systems introduces new vulnerabilities not adequately protected by traditional kinetic force arms...

  13. 12 CFR 550.136 - To what extent do State laws apply to my fiduciary operations?

    Science.gov (United States)

    2010-01-01

    ...) Recordkeeping; (3) Advertising and marketing; (4) The ability of a federal savings association conducting..., upon review, finds: (i) Furthers a vital State interest; and (ii) Either has only an incidental effect...

  14. The Effect of Medical Marijuana Laws on Crime: Evidence from State Panel Data, 1990-2006

    OpenAIRE

    Morris, Robert G.; TenEyck, Michael; Barnes, J. C.; Kovandzic, Tomislav V.

    2014-01-01

    Background Debate has surrounded the legalization of marijuana for medical purposes for decades. Some have argued medical marijuana legalization (MML) poses a threat to public health and safety, perhaps also affecting crime rates. In recent years, some U.S. states have legalized marijuana for medical purposes, reigniting political and public interest in the impact of marijuana legalization on a range of outcomes. Methods Relying on U.S. state panel data, we analyzed the association between st...

  15. The Role of Competition and State Aid Policy in Financial and Monetary Law

    OpenAIRE

    Philip Marsden; Ioannis Kokkoris

    2010-01-01

    During the financial crisis, companies and lenders found themselves in distressed situations. Competition authorities across the globe had to deal with controversial issues such as the application of the 'failing firm' defence in merger transactions as well as assessment of emergency aid granted by states. This article considers competition policy in periods of crisis, in particular the failing firm defence in merger control and its state aid policy. Oxford University Press 2010, all rights r...

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

    Directory of Open Access Journals (Sweden)

    Jana Gláserová

    2017-01-01

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

  17. Motor vehicle injury, mortality, and hospital charges by strength of graduated driver licensing laws in 36 States.

    Science.gov (United States)

    Pressley, Joyce C; Benedicto, Camilla B; Trieu, Lisa; Kendig, Tiffany; Barlow, Barbara

    2009-07-01

    To assess the relation between strength of graduated driver licensing (GDL) laws and motor vehicle (MV) injury burden, this study examined injury mortality, hospitalizations and related charges for 15 year to 17 year olds in 36 states by strength of GDL legislation. Data sources include the CDC's Web-Based Injury Statistics Query and Reporting System (WISQARS) and the 2003 Healthcare Cost and Utilization Kids' Inpatient database (KID). Hospital admissions for injuries in 15 year to 17 year olds (n = 49,520) are unweighted. Injury severity was assessed using ICDMAP-90 and International Classification of Injury Severity Scores. The Insurance Institute for Highway Safety rating system was used to categorize legislative strength: good, fair, marginal/poor, and none. Logistic regression was used to assess independent predictors of MV injury. MV injury accounted for 14.6% of all-cause injury-related hospital admissions with 47.7% classified as drivers. Total MV occupant mortality was 14.6% lower after enactment of GDL with greater improvement observed in the good law category (26.0%). In multivariate models for hospitalized injury, all GDL law categories were protective for MV driver injury in 16 year olds. Compared with whites, black and Hispanic teens were more frequently injured as passengers than drivers. The contribution of MV occupant to all-cause injury-related hospital charges was 16.0% lower in good versus no-GDL categories and 39.5% lower for MV drivers. These findings suggest that the presence of any GDL legislation is associated with a lower burden of MV-related injury and expenditures with the largest differences observed for 16-year-old drivers.

  18. The Scope of State Aid and Public Service Obligation for Airports and Air Carriers in the Light of European Law

    Directory of Open Access Journals (Sweden)

    Grzegorz Zajac

    2015-10-01

    Full Text Available Public aid is the kind of advantage granted directly or indirectly for private companies from State resources. The European Commission prerogative to control the transfer of public resources by the public authorities (national or local for the benefit of private undertakings, as a general rule, there is an obligation of notification, as provided for in article 108 (3 of the Treaty on the Functioning of the European Union (TFEU. It should be noted in the beginning that State aid given to undertakings conducting economic activity is, in principle, incompatible with the European Union’ law, as provided for in article. 107 (1 of the TFEU. There are certain situations that the granting of public funds will not constitute “public aid” within the meaning of article 107 of the TFEU and, therefore, will not violate European rules in this field. One of them are activities related to the exercise of the prerogatives of the public authority (security, safety, customs, air traffic control. The other is related to the exercise of services in general economic interest. This could be an example of public service obligation (PSO. This service can be applied in the light of the provisions of European law on two types of action on air routes, and on airport managing body. The imposition of a PSO to the specified route is the support given by the State to the outermost regions that due to their unfavourable geographical position cannot fully develop economically, and no carrier had not been interested in performing air services to that region due to the lack of cost effectiveness. Some activities at the airport may be considered as activities of general economic interest.

  19. State Child Care Licensing Laws in the Fifty States: A New Look in the Face of Child Abuse.

    Science.gov (United States)

    Bulkley, Josephine; Jackson, Jolie

    1989-01-01

    The article reviews state child care licensing legislation in light of reported child abuse and neglect in some such facilities. Recommended are licensing of all facilities of any size or religious affiliation, criminal record screening, at least annual inspections, unannounced inspections, and required notice to parents when abuse has been…

  20. The rule of law

    Directory of Open Access Journals (Sweden)

    Besnik Murati

    2015-07-01

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

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

    International Nuclear Information System (INIS)

    1989-10-01

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

  2. From Political Unity to State Fragmentation: Crime, Law and Sovereignty in Carlos Fuentes and Juan Rulfo

    Directory of Open Access Journals (Sweden)

    Guillermo J. Fajardo Sotelo

    2018-01-01

    Full Text Available The author analyzes the late work of Mexican writer Carlos Fuentes to think about the Mexican political system and its transformations. Also, the author uses the figure of Pedro Paramo as an example of total sovereignty in comparison with the state fragmentation and the multi-sovereign forms that Carlos Fuentes uses in his novels as tools to demonstrate how the transformations have operated in Mexico: from a strong state to a fragmented government surrounded by other forms of control such as globalization, crime, and necroempowerment.

  3. The Existence Of Leading Islands Securing And The Border Areas Unitary State Of Indonesia An Analysis In Law Perspective

    Directory of Open Access Journals (Sweden)

    Nazali

    2015-08-01

    Full Text Available Abstract The research was carried with the aim to discover the existence of securing the foremost islands and state border region of the Republic of Indonesia reviewed from a legal perspective which is directly related to the existence of security and dispute resolution methods as well as the governance of the foremost islands and border region in Kalimantan which bordering Malaysia. This study was conducted in Nunukan district and the surrounding provinces of Kalimantan in this research method that used is normative legal analysis data with juridical and qualitative descriptive approach. The results showed that the security of foremost islands and border region of law perspective in accordance with the Law No. 34 of 2004 regarding the Indonesian National Army has not been implemented to the fullest to realize the security of foremost islands and border region as the frontline of the Republic of Indonesia. The existence of leading islands securing and the border region of the Republic of Indonesia still contain many weaknesses in terms of both governance and security.

  4. Integrated care in Norway: State of affairs years after regulation by law

    Directory of Open Access Journals (Sweden)

    Jorunn Bjerkan

    2011-01-01

    Full Text Available Introduction: A mandatory multidisciplinary plan for individual care, the 'Individual care Plan', was introduced by law in Norway in 2001. The regulation was established to meet the need for improved efficiency and quality of health and social services, and to increase patient involvement. The plan was intended for patients with long-term and complex needs for coordinated care. The aim of this study was to elaborate on knowledge of such planning processes in Norwegian municipalities.Method: A piloted questionnaire was sent to 92 randomly selected municipalities in 2005-2006, addressing local organization and participation in the work with individual care plans. Local political governance, size of the population, funds available for health care, and problems related to living conditions were indicators for analysing the extent to which the individual care plan was used five years after the regulation was introduced.Results: Our results showed that 0.5% as opposed to an expected 3% of the population had an individual care plan. This was independent of the political, social and financial situation in the municipalities or the way the planning process had been carried out. The planning process was mostly taken care of by local health and social care professionals, rather than by hospital staff and general practitioners.Discussion and conclusion: The low number of care plans and the oblique responsibility among professionals for planning showed that the objectives of the national initiative had not been achieved. More research is needed to determine the reasons for this lack of success and to contribute to solutions for improved multidisciplinary cooperation.

  5. Integrated care in Norway: State of affairs years after regulation by law

    Directory of Open Access Journals (Sweden)

    Jorunn Bjerkan

    2011-01-01

    Full Text Available Introduction: A mandatory multidisciplinary plan for individual care, the 'Individual care Plan', was introduced by law in Norway in 2001. The regulation was established to meet the need for improved efficiency and quality of health and social services, and to increase patient involvement. The plan was intended for patients with long-term and complex needs for coordinated care. The aim of this study was to elaborate on knowledge of such planning processes in Norwegian municipalities. Method: A piloted questionnaire was sent to 92 randomly selected municipalities in 2005-2006, addressing local organization and participation in the work with individual care plans. Local political governance, size of the population, funds available for health care, and problems related to living conditions were indicators for analysing the extent to which the individual care plan was used five years after the regulation was introduced. Results: Our results showed that 0.5% as opposed to an expected 3% of the population had an individual care plan. This was independent of the political, social and financial situation in the municipalities or the way the planning process had been carried out. The planning process was mostly taken care of by local health and social care professionals, rather than by hospital staff and general practitioners. Discussion and conclusion: The low number of care plans and the oblique responsibility among professionals for planning showed that the objectives of the national initiative had not been achieved. More research is needed to determine the reasons for this lack of success and to contribute to solutions for improved multidisciplinary cooperation.

  6. Thermodynamic perspectives on genetic instructions, the laws of biology and diseased states.

    Science.gov (United States)

    Trevors, Jack T; Saier, Milton H

    2011-01-01

    This article examines in a broad perspective entropy and some examples of its relationship to evolution, genetic instructions and how we view diseases. Living organisms are programmed by functional genetic instructions (FGI), through cellular communication pathways, to grow and reproduce by maintaining a variety of hemistable, ordered structures (low entropy). Living organisms are far from equilibrium with their surrounding environmental systems, which tends towards increasing disorder (increasing entropy). Organisms free themselves from high entropy (high disorder) to maintain their cellular structures for a period of time sufficient to allow reproduction and the resultant offspring to reach reproductive ages. This time interval varies for different species. Bacteria, for example need no sexual parents; dividing cells are nearly identical to the previous generation of cells, and can begin a new cell cycle without delay under appropriate conditions. By contrast, human infants require years of care before they can reproduce. Living organisms maintain order in spite of their changing surrounding environment that decreases order according to the second law of thermodynamics. These events actually work together since living organisms create ordered biological structures by increasing local entropy. From a disease perspective, viruses and other disease agents interrupt the normal functioning of cells. The pressure for survival may result in mechanisms that allow organisms to resist attacks by viruses, other pathogens, destructive chemicals and physical agents such as radiation. However, when the attack is successful, the organism can be damaged until the cell, tissue, organ or entire organism is no longer functional and entropy increases. Copyright © 2010 Académie des sciences. Published by Elsevier SAS. All rights reserved.

  7. Thermodynamic perspectives on genetic instructions, the laws of biology, diseased states and human population control

    Science.gov (United States)

    Saier, M. H.

    2014-01-01

    This article examines in a broad perspective entropy and some examples of its relationship to evolution, genetic instructions and how we view diseases. Many knowledge gaps abound, hence our understanding is still fragmented and incomplete. Living organisms are programmed by functional genetic instructions (FGI), through cellular communication pathways, to grow and reproduce by maintaining a variety of hemistable, ordered structures (low entropy). Living organisms are far from equilibrium with their surrounding environmental systems, which tends towards increasing disorder (increasing entropy). Organisms must free themselves from high entropy (high disorder) to maintain their cellular structures for a period of time sufficient enough to allow reproduction and the resultant offspring to reach reproductive ages. This time interval varies for different species. Bacteria, for example need no sexual parents; dividing cells are nearly identical to the previous generation of cells, and can begin a new cell cycle without delay under appropriate conditions. By contrast, human infants require years of care before they can reproduce. Living organisms maintain order in spite of their changing surrounding environment, that decreases order according to the second law of thermodynamics. These events actually work together since living organisms create ordered biological structures by increasing local entropy. From a disease perspective, viruses and other disease agents interrupt the normal functioning of cells. The pressure for survival may result in mechanisms that allow organisms to resist attacks by viruses, other pathogens, destructive chemicals and physical agents such as radiation. However, when the attack is successful, the organism can be damaged until the cell, tissue, organ or entire organism is no longer functional and entropy increases. PMID:21262480

  8. From Rule of Law to Rule of Love: towards Plato‟s Ideal State - the ...

    African Journals Online (AJOL)

    Inspired by this timeless, instructive and worrisome admonition, the paper reviews the evolution of Western political thought and the resultant theories targetedat constantly updating, fine-tuning and upholding the essence of the Social Contract towards the realization of the essence of the Biblical averment, which states that ...

  9. From Particles in Steady State Shear Bands via Micro-Macro to Macroscopic Rheology Laws

    NARCIS (Netherlands)

    Luding, S.; Singh, A.; Roy, S.; Vescovi, D.; Weinhart, T.; Magnanimo, V.; Li, Xikui; Feng, Yuntian; Mustoe, Graham

    2017-01-01

    Particulate systems and granular matter are discrete systems made of many particles; they display interesting dynamic or static, fluid- or solid-like states, respectively, or both together. The challenge of bridging the gap between the particulate, microscopic picture towards their continuum

  10. 78 FR 56267 - Article 19-A of the State of New York's Vehicle and Traffic Law

    Science.gov (United States)

    2013-09-12

    ... safety benefits, how it is being enforced against interstate passenger carriers and its effect, if any, on interstate commerce. DATES: Comments are due on or before November 12, 2013. ADDRESSES: You may... interstate commerce by imposing requirements that are more stringent than Federal regulations. MCC stated...

  11. Numerical static state feedback laws for closed-loop singular optimal control

    NARCIS (Netherlands)

    Graaf, de S.C.; Stigter, J.D.; Straten, van G.

    2005-01-01

    Singular and non-singular control trajectories of agricultural and (bio) chemical processes may need to be recalculated from time to time for use in closed-loop optimal control, because of unforeseen changes in state values and noise. This is time consuming. As an alternative, in this paper,

  12. Protecting Student Press Freedom by State Law: The Experience in California.

    Science.gov (United States)

    Overbeck, Wayne

    Following "Tinker vs. Des Moines Community School District," the United States Supreme Court decision that assured First Amendment rights to secondary school students and teachers, California began experimenting with statutory guarantees of free expression for students at the high school and community college levels. Decisions issued by…

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

    International Nuclear Information System (INIS)

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

    1987-01-01

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

  14. Business Law

    DEFF Research Database (Denmark)

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

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

  15. Adaptive estimation of a time-varying phase with a power-law spectrum via continuous squeezed states

    Science.gov (United States)

    Dinani, Hossein T.; Berry, Dominic W.

    2017-06-01

    When measuring a time-varying phase, the standard quantum limit and Heisenberg limit as usually defined, for a constant phase, do not apply. If the phase has Gaussian statistics and a power-law spectrum 1 /|ω| p with p >1 , then the generalized standard quantum limit and Heisenberg limit have recently been found to have scalings of 1 /N(p -1 )/p and 1 /N2 (p -1 )/(p +1 ) , respectively, where N is the mean photon flux. We show that this Heisenberg scaling can be achieved via adaptive measurements on squeezed states. We predict the experimental parameters analytically, and test them with numerical simulations. Previous work had considered the special case of p =2 .

  16. Study on Investor-State Dispute Settlement (‘ISDS’) and Alternatives of Dispute Resolution in International Investment Law

    DEFF Research Database (Denmark)

    Hindelang, Steffen

    aken the public concerns about current developments in the area of the European International Investment Policy, the European Parliament’s INTA Committee launched a study on Investor-State Dispute Settlement and Possible Alternatives of Dispute Resolution in International Investment Law....... In a nutshell, the study suggests that ISDS is a useful means of enforcing substantive investment protection standards contained in international investment agreements. The mechanism should therefore continue to form part of European international investment policy. However, the EU has to address four major...... challenges tied to this dispute settlement tool, i.e. (1) mitigating inconsistency, (2) securing the right balance between private and public interests, (3) establishing integrity of arbitral proceedings and (4) preventing misuse, allowing for error-correction and managing financial risk associated with ISDS...

  17. Migration and Freedom of Movement of Workers: EU Law, Crisis and the Cypriot States of Exception

    Directory of Open Access Journals (Sweden)

    Nicos Trimikliniotis

    2013-11-01

    Full Text Available This paper examines the authoritarian immigration policy of the Republic of Cyprus (RoC, which often results in the denial of the rights of migrants, TCNs, and EUNs. It examines how the mode of immigration control is connected to the particular state of exception in Cyprus known as ‘the doctrine of necessity’. It focuses particularly the issue of criminalizing, detention and expulsion of migrants, both TCNs and EUNs and the denial of residency rights for TCNs. The paper introduces the basic components towards an analytical frame for understanding and critiquing the current legal framework. Repressive migration control is a manifestation of an ill-construed conception of ‘sovereignty’ in a divided country, which the State seeks to justify on the grounds of ‘necessity’ and ‘exception’. In addition, the RoC is currently facing the banking/economic crisis and mass unemployment, which has provided a fertile ground for racism and xenophobia. The paper concludes with some ideas about the alternative policies ahead. Important for this paper are the current global and European debates around the ‘states of exception’, ‘emergency’, ‘necessity’, and ‘sovereignty’ in the context of the dissensus or fundamental disagreement over the issue migration and the racialization of subaltern migrants. The case of Cyprus is discussed, in part as an exception, but also as a particular instance of a broader global and European issue.

  18. Divorcing Marriage from Sex: Radically Rethinking the Role of Sex in Marriage Law in the United States

    Directory of Open Access Journals (Sweden)

    Sally Goldfarb

    2016-12-01

    Full Text Available In 2015, the U.S. Supreme Court required all states to permit same-sex couples to marry. Many people assume that marriage equality for gay, lesbian, bisexual and transgender people has been achieved simply by eliminating the requirement that two individuals entering a marriage must be of different sexes. However, family law in the United States has traditionally required not only that married people are of different sexes, but also that they perform heterosexual intercourse. This focus on heterosexual performance threatens to undermine the legal marriages of gay, lesbian, bisexual and transgender people. It also threatens the dignity, privacy, and legal validity of some heterosexual couples’ marriages. Contrary to current practice, the law should make no assumptions about the existence or type of sexual behavior between spouses that is necessary to create and sustain a marriage. En 2015, la Corte Suprema de los Estados Unidos obligó a todos los estados a permitir que las parejas del mismo sexo se casaran. Muchas personas asumen que se ha logrado la igualdad de matrimonio para personas gays, lesbianas, bisexuales y transexuales simplemente eliminando el requisito de que dos personas que contraen matrimonio deben ser de diferente sexo. Sin embargo, el derecho de familia en los Estados Unidos tradicionalmente ha requerido no sólo que las personas casadas sean de sexo diferente, sino también que mantengan relaciones sexuales heterosexuales. Este enfoque en el comportamiento heterosexual amenaza con minar los matrimonios legales de personas gays, lesbianas, bisexuales y transexuales. También amenaza la dignidad, privacidad y validez legal de los matrimonios de algunas parejas heterosexuales. Contrariamente a la práctica actual, el derecho no debe hacer suposiciones sobre la existencia o el tipo de comportamiento sexual entre los cónyuges que es necesario para crear y mantener un matrimonio.DOWNLOAD THIS PAPER FROM SSRN: https

  19. State-level medical marijuana laws, marijuana use and perceived availability of marijuana among the general U.S. population.

    Science.gov (United States)

    Martins, Silvia S; Mauro, Christine M; Santaella-Tenorio, Julian; Kim, June H; Cerda, Magdalena; Keyes, Katherine M; Hasin, Deborah S; Galea, Sandro; Wall, Melanie

    2016-12-01

    Little is known on how perceived availability of marijuana is associated with medical marijuana laws. We examined the relationship between medical marijuana laws (MML) and the prevalence of past-month marijuana use, with perceived availability of marijuana. Data were from respondents included in the National Survey of Drug Use and Health restricted use data portal 2004-2013. Multilevel logistic regression of individual-level data was used to test differences between MML and non-MML states and changes in prevalence of past-month marijuana use and perceived availability from before to after passage of MML among adolescents, young adults and older adults controlling for demographics. Among adults 26+, past-month prevalence of marijuana use increased from 5.87% to 7.15% after MML passage (Adjusted Odds Ratio (AOR): 1.24 [1.16-1.31]), but no change in prevalence of use was found for 12-17 or 18-25 year-olds. Perceived availability of marijuana increased after MML was enacted among those 26+ but not in younger groups. Among all age groups, prevalence of marijuana use and perception of it being easily available was higher in states that would eventually pass MML by 2013 compared to those that had not. Perceived availability was significantly associated with increased risk of past-month marijuana use in all age groups. Evidence suggests perceived availability as a driver of change in use of marijuana due to MML. To date, this has only occurred in adults 26+ and different scenarios that could explain this change need to be further explored. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

  20. 77 FR 12353 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2012-02-29

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

  1. Hospital compliance with a state unfunded mandate: the case of California's Earthquake Safety Law.

    Science.gov (United States)

    McCue, Michael J; Thompson, Jon M

    2012-01-01

    Abstract In recent years, community hospitals have experienced heightened regulation with many unfunded mandates. The authors assessed the market, organizational, operational, and financial characteristics of general acute care hospitals in California that have a main acute care hospital building that is noncompliant with state requirements and at risk of major structural collapse from earthquakes. Using California hospital data from 2007 to 2009, and employing logistic regression analysis, the authors found that hospitals having buildings that are at the highest risk of collapse are located in larger population markets, possess smaller market share, have a higher percentage of Medicaid patients, and have less liquidity.

  2. Streamlining Defense Acquisition Laws. Report of the Acquisition Law Advisory Panel to the United States Congress. Chapters 1 through 8 and Appendices

    Science.gov (United States)

    1993-01-01

    section 2392 is derived from a long-standing provision of annual Department of Defense Appropriation Acts commonly referred to as the " Maybank Amendment...34 In 1954, Senator Burnett Maybank of South Carolina authored and achieved passage of a law prohibiting Congress from giving economic preference to areas...of high unemployment. With some exceptions, the " Maybank Amendment" has been enforced in DOD ever since.1 Those exceptions occurred in FY83-85 when

  3. Universality in the phase behavior of soft matter: a law of corresponding states.

    Science.gov (United States)

    Malescio, G

    2006-10-01

    We show that the phase diagram of substances whose molecular structure changes upon varying the thermodynamic parameters can be mapped, through state-dependent scaling, onto the phase diagram of systems of molecules having fixed structure. This makes it possible to identify broad universality classes in the complex phase scenario exhibited by soft matter, and enlightens a surprisingly close connection between puzzling phase phenomena and familiar behaviors. The analysis presented provides a straightforward way for deriving the phase diagram of soft substances from that of simpler reference systems. This method is applied here to study the phase behavior exhibited by two significative examples of soft matter with temperature-dependent molecular structure: thermally responsive colloids and polymeric systems. A region of inverse melting, i.e., melting upon isobaric cooling, is predicted at relatively low pressure and temperature in polymeric systems.

  4. State procurement law: facilitating the collaboration between health department and school of public health.

    Science.gov (United States)

    Huber, George A; Barron, Gerald M; Duchak, Linda S; Raniowski, Martin; Alsahlani, Hazem S; Potter, Margaret A

    2014-01-01

    The mark of an "academic health department" includes shared activity by academic and practice partners sustained over time. Despite a long history of productive interactivity, the Pennsylvania Department of Health and the University of Pittsburgh's Graduate School of Public Health often faced administrative hurdles in contracting for projects of mutual interest. Seeking to overcome these hurdles, the Commonwealth of Pennsylvania and the University of Pittsburgh's Graduate School of Public Health negotiated a Master Agreement on the basis of statutes designating both as "public procurement units." This provided a template for project specifications, standard financial terms, and a contracting process. Since taking effect, the Master Agreement has supported projects in policy development, capacity building, workforce development, program evaluation, data analysis, and program planning. This experience suggests an approach potentially useful for other states and localities seeking to solidify academic health department partnerships either envisioned for the future or already in place.

  5. 1988 changes to United States law regarding nuclear third party liability

    International Nuclear Information System (INIS)

    Cunningham, G.H.

    1989-09-01

    The Price-Anderson Amendments Act of 1988 has introduced sweeping changes into the nuclear third party liability regime in the United States. The basis principle that a single, assured source of funds for compensation of those injured by a nuclear incident, regardless of the party actually at fault, has been maintained. The amount of such funding has been increased tenfold, to more than $7 billion, with a commitment that even more will be made available by the Congress, if needed. The scope of compensable injury has been broadened to include precautionary evacuations. With respect to contractors carrying out the defense-related nuclear activities of the Government, the changes have been equally momentous. The ceiling on Government idemnification has risen to keep pace with the maximum amount of licensee liability. Provisions designed to provide greater incentive to adherence to all nuclear safety standards have been added, authorizing the imposition of substantial civil and criminal sanctions for violations

  6. Formation and relaxation of quasistationary states in particle systems with power-law interactions.

    Science.gov (United States)

    Marcos, B; Gabrielli, A; Joyce, M

    2017-09-01

    We explore the formation and relaxation of the so-called quasistationary states (QSS) for particle distributions in three dimensions interacting via an attractive radial pair potential V(r→∞)∼1/r^{γ} with γ>0, and either a soft core or hard core regularization at small r. In the first part of the paper, we generalize, for any spatial dimension d≥2, Chandrasekhar's approach for the case of gravity to obtain analytic estimates of the rate of collisional relaxation due to two-body collisions. The resultant relaxation rates indicate an essential qualitative difference depending on the integrability of the pair force at large distances: for γ>d-1, the rate diverges in the large particle number N (mean-field) limit, unless a sufficiently large soft core is present; for γsoft cores leading to the formation of QSS. We find, just as for the previously well studied case of gravity (which we also revisit), excellent agreement between the parametric dependence of the observed relaxation times and our analytic predictions. Further, as in the case of gravity, we find that the results indicate that, when large impact factors dominate, the appropriate cutoff is the size of the system (rather than, for example, the mean interparticle distance). Our results provide strong evidence that the existence of QSS is robust only for long-range interactions with a large distance behavior γstates will be conditioned strongly on the short-range properties of the interaction.

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

    Science.gov (United States)

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

    2015-01-01

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

  8. Case law

    International Nuclear Information System (INIS)

    2016-01-01

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

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

    Science.gov (United States)

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

    2009-08-01

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

  10. Do state minimum markup/price laws work? Evidence from retail scanner data and TUS-CPS.

    Science.gov (United States)

    Huang, Jidong; Chriqui, Jamie F; DeLong, Hillary; Mirza, Maryam; Diaz, Megan C; Chaloupka, Frank J

    2016-10-01

    Minimum markup/price laws (MPLs) have been proposed as an alternative non-tax pricing strategy to reduce tobacco use and access. However, the empirical evidence on the effectiveness of MPLs in increasing cigarette prices is very limited. This study aims to fill this critical gap by examining the association between MPLs and cigarette prices. State MPLs were compiled from primary legal research databases and were linked to cigarette prices constructed from the Nielsen retail scanner data and the self-reported cigarette prices from the Tobacco Use Supplement to the Current Population Survey. Multivariate regression analyses were conducted to examine the association between MPLs and the major components of MPLs and cigarette prices. The presence of MPLs was associated with higher cigarette prices. In addition, cigarette prices were higher, above and beyond the higher prices resulting from MPLs, in states that prohibit below-cost combination sales; do not allow any distributing party to use trade discounts to reduce the base cost of cigarettes; prohibit distributing parties from meeting the price of a competitor, and prohibit distributing below-cost coupons to the consumer. Moreover, states that had total markup rates >24% were associated with significantly higher cigarette prices. MPLs are an effective way to increase cigarette prices. The impact of MPLs can be further strengthened by imposing greater markup rates and by prohibiting coupon distribution, competitor price matching, and use of below-cost combination sales and trade discounts. 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/.

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

    DEFF Research Database (Denmark)

    Hartz, Emily

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

  12. Massachusetts State Police Special Tactical Operations Team User Focus Group Report - Law Enforcement Advanced Protection (LEAP) Duty Uniforms, Integrated Head Protection, Chemical/Biological Protection and Human Systems Integration

    National Research Council Canada - National Science Library

    Creighton, II, Thomas E; Hibbard, Bradley; Doherty, Stephen; McManus, Kelly

    2008-01-01

    ...) from representatives within the law enforcement community. This focus group consisted exclusively of personnel assigned to the Massachusetts State Police Special Tactical Operations (STOP) Team...

  13. Oil pollution issues: an overview of U.S. law under the Oil Pollution Act of 1990, and Alaska State law

    International Nuclear Information System (INIS)

    Davis, D.R.

    1997-01-01

    Part One of this paper presents details of the U.S. Oil Pollution Act of 1990 (OPA). The Act defines the responsible party for a vessel or facility from which oil is spilled, or which poses a threat of a spill into US waters, assigns liability for removal costs and damages, defines limitations of liability, outlines financial responsibility and contingency plan requirements, and describes civil and criminal penalties for violations. Part Two of the paper discusses the corresponding Alaska statutes and regulations which are essentially similar to the OPA. It also provides details of the Alaska requirement of certificates of financial responsibility and contingency plans which are separate from those required under federal law

  14. Environmental law

    International Nuclear Information System (INIS)

    Ketteler, G.; Kippels, K.

    1988-01-01

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

  15. Introduction : The dynamics of power and the rule of law in Africa and beyond: Theoretical perspectives on chiefs, the state, agency, customary law, and violence

    NARCIS (Netherlands)

    Binsbergen, van W.M.J.

    2003-01-01

    The purpose of this chapter is to explore the extent to which violence can be said to underlie any form of Stae formation in precolonial Africa. This is done by examining the role of violence in State formation in west central Zambia from the 17th century onwards. The chapter shows that State

  16. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

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

  17. Case law

    International Nuclear Information System (INIS)

    2017-01-01

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

  18. 8 CFR 232.2 - Examination in the United States of alien applicants for benefits under the immigration laws and...

    Science.gov (United States)

    2010-01-01

    ... applicants for benefits under the immigration laws and other aliens. 232.2 Section 232.2 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS DETENTION OF ALIENS FOR PHYSICAL AND... immigration laws and other aliens. (a) General. When a medical examination is required of an alien who files...

  19. 77 FR 31682 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-05-29

    ... and business to consumer cross-border electronic commerce disputes. The Working Group is in the process of developing generic ODR procedural rules for resolution of cross-border electronic commerce... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of Private International Law...

  20. Law on the Decommissioning of unit 1 at the state enterprise of the Republic of Lithuania Ignalina Nuclear Power Plant

    International Nuclear Information System (INIS)

    2000-01-01

    This law regulates the legal principles for the decommissioning of unit 1 at the Ignalina Nuclear Power Plant. The main deadlines for the government in the preparation for the decommissioning are set in the law. All preparatory works should be finished before the year 2005

  1. 78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-10-28

    ... International Law (ACPIL): Public Meeting on Cross-Border Insolvency The Office of the Assistant Legal Adviser... potential future work related to cross-border insolvency issues under consideration in the United Nations... has developed a number of instruments related to cross- border insolvency law, including the UNCITRAL...

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

    Science.gov (United States)

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

    2012-05-01

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

  3. Criminal Law

    DEFF Research Database (Denmark)

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

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

  4. Case law

    International Nuclear Information System (INIS)

    2012-01-01

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

  5. The role of the European Union in private law relations of organizations operating in the internal electricity or gas market in medium and small size Member States

    International Nuclear Information System (INIS)

    Nechvátal, Ivan; Pilavachi, Petros A.; Kakaras, Emmanuel

    2012-01-01

    This paper studies European Union (EU) legislation on private law relations for organizations operating in the internal electricity and gas market in medium and small size Member States. It consists of the analysis of both the EU primary (Treaties) and secondary (directives and regulations) legislation. A survey was sent to organizations operating in the internal energy market in four Member States: Greece, Czech Republic, Finland, and Malta. Through the survey, the paper identifies problematic areas of current EU legislation and compares them with new legislation applied as from 3 March 2011 (third liberalization package). It looks into all important EU energy legislation on private law relations of organizations operating in the internal energy market such as unbundling, procurement, procedural law, duties related to information and other legislation on energy contracts. The study concludes that, despite some small problems, the energy liberalization including the third liberalization legislative package progresses in a correct manner. There are nearly no problems in the access to the transmission and distribution systems. The functioning of the gas market is considered as the most important problem. - Highlights: ► European Union legislation on private law relations was studied. ► Organizations operating in the electricity and gas market were considered. ► A survey was sent to organizations in four Member States. ► Despite some problems, the energy liberalization advances correctly. ► The gas market is considered as the most important problem.

  6. ARRANGEMENT OF LAW BY STATE FINANCIAL AUTHORITY IN REALIZING NATIONAL BANKING INDUSTRY THAT’S HEALTHY AND DYNAMIC

    Directory of Open Access Journals (Sweden)

    Muammar Arafat Yusmad

    2015-12-01

    Full Text Available he development of national banking nowadays are growing fast, competitive and integrative. One problem of Indonesian banking system related with practicing law arrangement which is a harmonization process toward legislations. The focus problems are: law arrangement in banking governance, the procedure of the law arrangement in achieving national bank industry which are healthy and dynamic. As intermediary institutions, bank should be in a healthy condition in order to gain public confidence and deserve to increase national economic growth. Based on the conceptual discussion, obtained arguments are: (1 The law arrangement of national banking should be done coodinately between Otoritas Jasa Keuangan (OJK and Bank Indonesia (BI; (2 Procedure of law arrangement according to the function and authority of OJK and BI which the urgent subjects are to avoid conflict of norm, overlapping policies and limited validity of norm of the law case which happen and will be happen; (3 banking law arrangement include bank arrangement and supervision system, strengthening internal condition of the bank, empowering and protecting consumer with complaints mechanism and follow-up which are clear and measurable.

  7. The development of Tobacco Harm Prevention Law in Vietnam: stakeholder tensions over tobacco control legislation in a state owned industry

    Directory of Open Access Journals (Sweden)

    Ngo Anh D

    2011-09-01

    Full Text Available Abstract Background Building on its National Tobacco Control Policy initiated in 2000, Vietnam is currently considering introducing a comprehensive law to strengthen the implementation of tobacco control policy. This study analyses the positions of key stakeholders in the development of tobacco control legislation in the context of a largely state-owned industry, and discusses their implications for the policy process. Methods Several qualitative methods were employed for the study including: literature review and documentary analysis; key informant interview; focus groups discussion; and key stakeholders survey. Findings The Ministry of Health, Ministry of Trade and Industry, and Ministry of Finance are key players in the tobacco control policy and legislation, representing competing bureaucratic interests over health, macro-economy and revenue. High-ranking officials, including the Communist Party and National Assembly members, take a rather relaxed position reflecting the low political stakes placed on tobacco issues. The state-owned tobacco industry is regarded as an important contributor to the government revenue and gross domestic product, and the relative weight on health and socioeconomic issues placed by stakeholders determine their positions on tobacco control. Overall, short-term economic interests have more immediate influence in setting policy directions, with the consequences of health gains perceived as relegated to a distant future. This was reflected in the position of tobacco control advocates, including MOH, that presented with reluctance in insisting on some tobacco control strategies revealing a mixture attitude of concessions to the socioeconomic uncertainties and a sense of bargaining to win the strategies that are more likely to be accepted. Conclusion The state-ownership of tobacco industry poses a major paradox within the government that benefits from manufacturing of tobacco products and is also responsible for

  8. The development of Tobacco Harm Prevention Law in Vietnam: stakeholder tensions over tobacco control legislation in a state owned industry.

    Science.gov (United States)

    Higashi, Hideki; Khuong, Tuan A; Ngo, Anh D; Hill, Peter S

    2011-09-18

    Building on its National Tobacco Control Policy initiated in 2000, Vietnam is currently considering introducing a comprehensive law to strengthen the implementation of tobacco control policy. This study analyses the positions of key stakeholders in the development of tobacco control legislation in the context of a largely state-owned industry, and discusses their implications for the policy process. Several qualitative methods were employed for the study including: literature review and documentary analysis; key informant interview; focus groups discussion; and key stakeholders survey. The Ministry of Health, Ministry of Trade and Industry, and Ministry of Finance are key players in the tobacco control policy and legislation, representing competing bureaucratic interests over health, macro-economy and revenue. High-ranking officials, including the Communist Party and National Assembly members, take a rather relaxed position reflecting the low political stakes placed on tobacco issues. The state-owned tobacco industry is regarded as an important contributor to the government revenue and gross domestic product, and the relative weight on health and socioeconomic issues placed by stakeholders determine their positions on tobacco control. Overall, short-term economic interests have more immediate influence in setting policy directions, with the consequences of health gains perceived as relegated to a distant future. This was reflected in the position of tobacco control advocates, including MOH, that presented with reluctance in insisting on some tobacco control strategies revealing a mixture attitude of concessions to the socioeconomic uncertainties and a sense of bargaining to win the strategies that are more likely to be accepted. The state-ownership of tobacco industry poses a major paradox within the government that benefits from manufacturing of tobacco products and is also responsible for controlling tobacco consumption. The perceptions of negative implications

  9. A simple scaling law for the equation of state and the radial distribution functions calculated by density-functional theory molecular dynamics

    Science.gov (United States)

    Danel, J.-F.; Kazandjian, L.

    2018-06-01

    It is shown that the equation of state (EOS) and the radial distribution functions obtained by density-functional theory molecular dynamics (DFT-MD) obey a simple scaling law. At given temperature, the thermodynamic properties and the radial distribution functions given by a DFT-MD simulation remain unchanged if the mole fractions of nuclei of given charge and the average volume per atom remain unchanged. A practical interest of this scaling law is to obtain an EOS table for a fluid from that already obtained for another fluid if it has the right characteristics. Another practical interest of this result is that an asymmetric mixture made up of light and heavy atoms requiring very different time steps can be replaced by a mixture of atoms of equal mass, which facilitates the exploration of the configuration space in a DFT-MD simulation. The scaling law is illustrated by numerical results.

  10. The Danish Supreme Court rules on State action defense and refusal to supply under Danish competition law (Copenhagen Airport Terminal A)

    DEFF Research Database (Denmark)

    Bergqvist, Christian; Christensen, Laurits Peder Schmidt

    2015-01-01

    to the application of competition law to the matter at hand. Unhappy, not only with the outcome, but also the process, the access seeking party, Terminal A, lodged a case before the judiciary arguing that air security regulation did not prevent the application of competition law and an order for the granting...... of access. This submission was not accepted by the Danish Supreme Court that moreover held EU Article 106 (2) to be applicable as a defence for Copenhagen Airport’s refusal to lease the land to Terminal A. The case provides guidance on the scope of the state action defence under Danish competition law and...... for the purpose of building a new terminal A. Terminal A would compete with the airport in the supply of services to airlines. Copenhagen airport rejected the request which in turn lead the group of investors to complain to the Danish Competition and Consumer Authority ("DCCA"). In its draft decision the DCCA...

  11. State Authorities’ Powers to Determine the Budget Deficit and Public Debt in the Light of the Articles of the Constitution and the Law of the European Union

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2013-10-01

    Full Text Available The issues of public debt and budget deficit are regulated by constitutions (e.g. of Poland, Germany, Spain as well as by the law of the European Union. The constitutional regulations concerning public debt and deficit are norms primarily directed at governments and parliaments. However, these regulations mainly have a preventive and auxiliary character and cannot by themselves stop the debt level of the state from increasing. Financial aims concerning debt and deficit can be achieved by non-financial methods, i.e. through the appropriate social and economic policies implemented by the authorities enjoying considerable social respect. The EU regulations regarding public debt and deficit can only be implemented with the instruments of the national law. The set of the EU regulations limiting the budgetary powers of member states, including the budgetary powers of governments and national parliaments, are questionable and undermine the authority of the state.

  12. Effects of state-level Earned Income Tax Credit laws in the U.S. on maternal health behaviors and infant health outcomes.

    Science.gov (United States)

    Markowitz, Sara; Komro, Kelli A; Livingston, Melvin D; Lenhart, Otto; Wagenaar, Alexander C

    2017-12-01

    The purpose of this paper is to investigate the effects of state-level Earned Income Tax Credit (EITC) laws in the U.S. on maternal health behaviors and infant health outcomes. Using multi-state, multi-year difference-in-differences analyses, we estimated effects of state EITC generosity on maternal health behaviors, birth weight and gestation weeks. We find little difference in maternal health behaviors associated with state-level EITC. In contrast, results for key infant health outcomes of birth weight and gestation weeks show small improvements in states with EITCs, with larger effects seen among states with more generous EITCs. Our results provide evidence for important health benefits of state-level EITC policies. Copyright © 2017 Elsevier Ltd. All rights reserved.

  13. Rapport tchèque - Modernization and Simplification of Private Companies Law among the EU Members States

    OpenAIRE

    Havel, B. (Bohumil)

    2015-01-01

    Historical Background of the Czech Regulation. Nature of Private Company according to Czech Law. Regulation of the Limited Liability Company and Motivation for the New Regulation. Cross-border Element of Czech Business Corporatons and Forum Shopping.

  14. New Russian law

    International Nuclear Information System (INIS)

    Anon.

    1996-01-01

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

  15. Water, law, science

    Science.gov (United States)

    Narasimhan, T. N.

    2008-01-01

    SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

  16. What role for law in achieving transboundary drainage basin security?--the development and testing of the Legal Assessment Model (LAM) for transboundary watercourse states.

    Science.gov (United States)

    Wouters, P K

    2004-01-01

    The beneficial use of the world's transboundary waters raises difficult issues for drainage basin security on most parts of the globe. International law provides that each transboundary watercourse State is entitled to, and obliged to ensure, an "equitable and reasonable use" of these shared waters. The IWLRI developed and tested a Legal Assessment Model (LAM) through the work of interdisciplinary teams working in three different transboundary situations--China (upstream), Mozambique (downstream) and Palestine (shared groundwater). The LAM provides a tool for transboundary watercourse States to use in the preparation of their national water strategy for use at the national and international levels. The model should now be tested at the basin level, with a view to assisting to accomplish the peaceful and rational use of transboundary waters in line with the governing rule of international law and thereby to facilitate the overall policy objective of drainage basin security.

  17. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

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

  18. A Descriptive Analysis of Tactical Casualty Care Interventions Performed by Law Enforcement Personnel in the State of Wisconsin, 2010-2015.

    Science.gov (United States)

    Stiles, Chad M; Cook, Christopher; Sztajnkrycer, Matthew D

    2017-06-01

    Introduction Based upon military experience, law enforcement has developed guidelines for medical care during high-threat conditions. The purpose of the current study was to provide a descriptive analysis of reported outcomes of law enforcement medical interventions. This was a descriptive analysis of a convenience sample of cases submitted to the Wisconsin Tactical Medicine Initiative (Wisconsin USA), after the provision of successful patient care, between January 2010 and December 2015. The study was reviewed by the Mayo Foundation Institutional Review Board (Rochester, Minnesota USA) and deemed exempt. Nineteen agencies submitted information during the study period. Of the 56 episodes of care reported, four (7.1%) cases involved care provided to injured officers while 52 (92.9%) involved care to injured civilians, including suspects. In at least two cases, on-going threats existed during the provision of medical care to an injured civilian. Law enforcement rendered care prior to Emergency Medical Services (EMS) arrival in all but two cases. The current case series demonstrates the life-saving potential for law enforcement personnel trained and equipped under current Tactical Combat Casualty Care (TCCC)/ Committee on Tactical Emergency Casualty Care (C-TECC) tactical casualty care guidelines. Although originally developed to save the lives of wounded combat personnel, in the civilian sector, the training appears more likely to save victims rather than law enforcement personnel. Stiles CM , Cook C , Sztajnkrycer MD . A descriptive analysis of tactical casualty care interventions performed by law enforcement personnel in the State of Wisconsin, 2010-2015. Prehosp Disaster Med. 2017;32(3):284-288.

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

    Science.gov (United States)

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

    2017-11-09

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

  20. Zen law and features of liquidus-solidus curves in binary state diagrams based on elements VIIIA and IB of the periodic table

    Science.gov (United States)

    Potekaev, A. I.; Kondratyuk, A. A.; Porobova, S. A.; Klopotov, A. A.; Markova, T. N.; Kakushkin, Yu A.; Klopotov, V. D.

    2016-11-01

    The paper presents the analysis of binary state diagrams based on elements VIIIA and IB of the periodic table and crystal geometry parameters of solid solutions and intermetallic compositions. The analysis shows an explicit correlation between the type of the evolution of phase diagrams classified by Lebedev depending on the nature of atomic volume deviations observed in solid solutions and intermetallic compounds from Zen law.

  1. AN INTRODUCTION TO EXPLORING LAW, DISABILITY, AND THE CHALLENGE OF EQUALITY IN CANADA AND THE UNITED STATES: PAPERS FROM THE BERKELEY SYMPOSIUM

    Directory of Open Access Journals (Sweden)

    Laverne Jacobs

    2015-10-01

    Full Text Available It brings me great pleasure to write this Introduction to Exploring Law, Disability, and the Challenge of Equality in Canada and the United States. This special collection of articles in the Windsor Yearbook of Access to Justice [WYAJ] stems from a symposium of the same name held at the Berkeley Law School at the University of California on 5 December 2014. Writing this introduction allows me to bring together my identities as a law and disability scholar, the principal organizer and convener of the Berkeley Symposium, and editor-in-chief of the WYAJ. In these roles, I have had the opportunity to engage with this set of articles and their authors in a distinct way – from the early versions of these articles through to the final peer-reviewed publications. The Berkeley Symposium is the first conference, of which we are aware, to bring together scholars and experts from both Canada and the United States to present research and exchange ideas on equality issues affecting persons with disabilities in both countries.1 Each academic was invited to write about an equality issue of their choice that is of contemporary concern to persons with disabilities, and to focus on Canada, the United States,or both, at their  option. The result is a set of articles that is simultaneously introspective and comparative.

  2. Case law

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

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

  3. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

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

  4. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

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

  5. Support for laws to prohibit weight discrimination in the United States: public attitudes from 2011 to 2013.

    Science.gov (United States)

    Suh, Young; Puhl, Rebecca; Liu, Sai; Milici, Frances Fleming

    2014-08-01

    Public attitudes about three proposed laws prohibiting weight discrimination in the US, from 2011 to 2013 were examined. An online survey using a diverse national sample of US adults to assess their level of support for three specific laws against weight discrimination was conducted. Data collection occurred between June and July in 2011 (n = 1,098), 2012 (n = 1,202), and 2013 (n = 1,202). Between 2011 and 2013, support for laws prohibiting weight discrimination remained consistent, and in some cases became increasingly supportive, primarily in 2012-2013. At least 75% of participants consistently favored laws prohibiting weight discrimination in the workplace. Individuals became increasingly supportive of extending disability protections for individuals with obesity (62% in 2011 to 69% in 2013) and adding body weight as a protected class in Civil Rights statutes (70% in 2011 to 76% in 2013). Analyses highlight specific predictors of support (gender, race, education, and political affiliation). There is strong, consistent support for policies prohibiting weight discrimination. These findings have important implications for developing specific antidiscrimination legislation to protect Americans with obesity and improve their quality of life. Copyright © 2014 The Obesity Society.

  6. The Empty Fortress or the Poverty of Islamic Public Discourse: The Role of Law in Arab State Failure

    DEFF Research Database (Denmark)

    Afsah, Ebrahim

    triad of Qur’an, sunna, and shari’a (read: fiqh). This body of norms is contrasted with the relatively shallow dogmatic effort to systematise public law under the dogmatic headings of ta’zir, siyasa shar’ia and siyar. This presentation argues that whatever the philosophical value of this century...

  7. 78 FR 64259 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-10-28

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... resolving both business to business and business to consumer cross-border electronic commerce disputes. The... information. Data from the public is requested pursuant to Pub. L. 99-399 (Omnibus Diplomatic Security and...

  8. 78 FR 69172 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-11-18

    ... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions on electronic...://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Commerce.html . This Working Paper...

  9. 78 FR 19062 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-03-28

    ... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions... on electronic transferable records. The public meeting will take place on Tuesday, April 30, 2013...

  10. 76 FR 19826 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Notice of...

    Science.gov (United States)

    2011-04-08

    ... consumer cross-border electronic commerce disputes. At the May meeting, the UNCITRAL Working Group will consider inter alia ODR procedural rules for resolution of cross-border electronic commerce disputes. For... International Law (ACPIL): Notice of Public Meeting of Its Online Dispute Resolution (ODR) Study Group The...

  11. 77 FR 1972 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-01-12

    ... business to consumer cross-border electronic commerce disputes. The Working Group has been considering, inter alia, ODR procedural rules for resolution of cross-border electronic commerce disputes. For the... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group Meeting The Office of Private...

  12. 78 FR 24783 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2013-04-26

    ... both business to business and business to consumer cross-border electronic commerce disputes. The... electronic commerce disputes, along with separate legal instruments that may take the form of annexes on... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser...

  13. 77 FR 58607 - U.S. Department of State Advisory Committee on Private International Law (ACPIL)-Online Dispute...

    Science.gov (United States)

    2012-09-21

    ... International Law (ACPIL)--Online Dispute Resolution (ODR) Study Group The Office of the Assistant Legal Adviser... UNCITRAL ODR Working Group, scheduled for November 5-9 in Vienna, and will specifically address security issues relating to the use of the ODR Rules, including measures to address the risk of fraud involving...

  14. Case law

    International Nuclear Information System (INIS)

    2014-01-01

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

  15. THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia

    Directory of Open Access Journals (Sweden)

    Maret Priyanta

    2016-12-01

    Full Text Available The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL, which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.

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

    Science.gov (United States)

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

    2015-06-01

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

  17. Water, law, science

    Energy Technology Data Exchange (ETDEWEB)

    Narasimhan, T.N.

    2007-10-17

    In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

  18. The ''state of the art in science'' examined as a concept of law from the angle of epistemology, with the example of the principle of averting danger, as defined in the emission control law and in the atomic energy law

    International Nuclear Information System (INIS)

    Lohse, D.

    1994-01-01

    The term ''state of the art in science'' is the essential element guaranteeing the legally required measures for averting danger during specified normal operation and in case of an accident, as defined in the Atomic Energy Act and in the Federal Emission Control Act. The literature, jurisdiction, and the licensing practice are not unanimous in the interpretation of the content of this term ''state of the art in science'', its function in the licensing procedure, and its distinctions as compared to the term ''state of the art in technology''. The book in hand sets out to provide answers. The term state of the art in science appears at different places in the Atomic Energy Act (AtG) or the Federal Emission Control Act (BImSchG), and in different factual contexts. Reference to the measures for averting danger offers the possibility of gearing to a specific context of this term and thus to discuss the term in a selected context. The principle of averting danger therefore offers the factual frame for an epistemological examination of the term ''state of the art in science''. Other than the Federal Constitutional Court in its Kalkar reactor judgment, the author's opinion is that the limits of the human capacity of knowledge are not due to theoretical capacities, but rather to practical. The aquired knowledge thus lags behind the knowledge achievable from the angle of epidemology. The remaining uncertainty in the author's theory thus is larger than that assumed in the judgment of the Federal Constitutional Court. The limits of the human capacity of knowledge, the author says, cannot be regarded to likewise set the same limits to the principle or instrument of averting danger. The limits of averting danger are a result of the administrative capacities. (orig.) [de

  19. The Theory of Thermodynamic Systems with Internal Variables of State: Necessary and Sufficient Conditions for Compliance with the Second Law of Thermodynamics

    Science.gov (United States)

    Shnip, A. I.

    2018-01-01

    Based on the entropy-free thermodynamic approach, a generalized theory of thermodynamic systems with internal variables of state is being developed. For the case of nonlinear thermodynamic systems with internal variables of state and linear relaxation, the necessary and sufficient conditions have been proved for fulfillment of the second law of thermodynamics in entropy-free formulation which, according to the basic theorem of the theory, are also necessary and sufficient for the existence of a thermodynamic potential. Moreover, relations of correspondence between thermodynamic systems with memory and systems with internal variables of state have been established, as well as some useful relations in the spaces of states of both types of systems.

  20. Maintaining rigor in research: flaws in a recent study and a reanalysis of the relationship between state abortion laws and maternal mortality in Mexico.

    Science.gov (United States)

    Darney, Blair G; Saavedra-Avendano, Biani; Lozano, Rafael

    2017-01-01

    A recent publication [Koch E, Chireau M, Pliego F, Stanford J, Haddad S, Calhoun B, Aracena P, Bravo M, Gatica S, Thorp J. Abortion legislation, maternal healthcare, fertility, female literacy, sanitation, violence against women and maternal deaths: a natural experiment in 32 Mexican states. BMJ Open 2015;5(2):e006013] claimed that Mexican states with more restrictive abortion laws had lower levels of maternal mortality. Our objectives are to replicate the analysis, reanalyze the data and offer a critique of the key flaws of the Koch study. We used corrected maternal mortality data (2006-2013), live births, and state-level indicators of poverty. We replicate the published analysis. We then reclassified state-level exposure to abortion on demand based on actual availability of abortion (Mexico City versus the other 31 states) and test the association of abortion access and the maternal mortality ratio (MMR) using descriptives over time, pooled chi-square tests and regression models. We included 256 state-year observations. We did not find significant differences in MMR between Mexico City (MMR=49.1) and the 31 states (MMR=44.6; p=.44). Using Koch's classification of states, we replicated published differences of higher MMR where abortion is more available. We found a significant, negative association between MMR and availability of abortion in the same multivariable models as Koch, but using our state classification (beta=-22.49, 95% CI=-38.9; -5.99). State-level poverty remains highly correlated with MMR. Koch makes errors in methodology and interpretation, making false causal claims about abortion law and MMR. MMR is falling most rapidly in Mexico City, but our main study limitation is an inability to draw causal inference about abortion law or access and maternal mortality. We need rigorous evidence about the health impacts of increasing access to safe abortion worldwide. Transparency and integrity in research is crucial, as well as perhaps even more in

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

    Science.gov (United States)

    Rudisill, Toni M; Zhu, Motao

    2016-06-14

    While numerous cell phone use while driving laws have been passed among states, little information exists regarding who gets cited for these traffic infractions and how much these laws are enforced at the state-level within the USA. Cross-sectional, descriptive study. 14 states and the District of Columbia. Those receiving cell phone use while driving citations within included states from 2007 to 2013. Demographic characteristics of cited drivers were assessed. Rates of infractions per 100 000 licensed in-state drivers per year for various cell phone use while driving violations were calculated. Drivers were cited for hand-held use violations (n=2.5 million) more than texting (n=14 682) or young driver all cell phone bans (n=342). Among states that provided data for all traffic violations, cell phone use while driving citations comprised 1% of all written citations. Regardless of ban type, males (68.2%) were cited more frequently than females. Drivers 25-64 years of age (90.8%) were more likely to be cited for hand-held phone use. The average yearly rate of infractions per 100 000 licensed in-state drivers from 2010-2013 was 5.8 for texting bans, 2607 for hand-held bans, and 9954 for any traffic violation. Among cited drivers, age and sex differences existed by the type of ban violated. State-level enforcement appeared sparse. Due to the potential serious consequences of cell phone use while driving in the USA, more enforcement and targeted public safety campaigns are likely needed. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/

  2. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

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

  3. Case law

    International Nuclear Information System (INIS)

    Anon.

    2000-01-01

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

  4. Environmental law

    International Nuclear Information System (INIS)

    Kloepfer, M.

    1989-01-01

    This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

  5. Law, Marxism and Method

    Directory of Open Access Journals (Sweden)

    Paul O'Connell

    2018-05-01

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

  6. The Impact of Psychological Science on Policing in the United States: Procedural Justice, Legitimacy, and Effective Law Enforcement.

    Science.gov (United States)

    Tyler, Tom R; Goff, Phillip Atiba; MacCoun, Robert J

    2015-12-01

    The May 2015 release of the report of the President's Task Force on 21st Century Policing highlighted a fundamental change in the issues dominating discussions about policing in America. That change has moved discussions away from a focus on what is legal or effective in crime control and toward a concern for how the actions of the police influence public trust and confidence in the police. This shift in discourse has been motivated by two factors-first, the recognition by public officials that increases in the professionalism of the police and dramatic declines in the rate of crime have not led to increases in police legitimacy, and second, greater awareness of the limits of the dominant coercive model of policing and of the benefits of an alternative and more consensual model based on public trust and confidence in the police and legal system. Psychological research has played an important role in legitimating this change in the way policymakers think about policing by demonstrating that perceived legitimacy shapes a set of law-related behaviors as well as or better than concerns about the risk of punishment. Those behaviors include compliance with the law and cooperation with legal authorities. These findings demonstrate that legal authorities gain by a focus on legitimacy. Psychological research has further contributed by articulating and demonstrating empirical support for a central role of procedural justice in shaping legitimacy, providing legal authorities with a clear road map of strategies for creating and maintaining public trust. Given evidence of the benefits of legitimacy and a set of guidelines concerning its antecedents, policymakers have increasingly focused on the question of public trust when considering issues in policing. The acceptance of a legitimacy-based consensual model of police authority building on theories and research studies originating within psychology illustrates how psychology can contribute to the development of evidence

  7. Adaptive estimation of a time-varying phase with a power-law spectrum via continuous squeezed states

    OpenAIRE

    Dinani, Hossein T.; Berry, Dominic W.

    2016-01-01

    When measuring a time-varying phase, the standard quantum limit and Heisenberg limit as usually defined, for a constant phase, do not apply. If the phase has Gaussian statistics and a power-law spectrum $1/|\\omega|^p$ with $p>1$, then the generalized standard quantum limit and Heisenberg limit have recently been found to have scalings of $1/{\\cal N}^{(p-1)/p}$ and $1/{\\cal N}^{2(p-1)/(p+1)}$, respectively, where ${\\cal N}$ is the mean photon flux. We show that this Heisenberg scaling can be a...

  8. Does knowledge of teen driving risks and awareness of current law translate into support for stronger GDL provisions? Lessons learned from one state.

    Science.gov (United States)

    Campbell, Brendan T; Chaudhary, Neil K; Saleheen, Hassan; Borrup, Kevin; Lapidus, Garry

    2009-08-01

    Many states are considering strengthening their graduated driving licensing (GDL) systems for teenage drivers but most do not know the level of public support for proposed upgrades. This study provides a method for states to identify specific demographic groups that may differ with regard to their awareness of teen driving risks, knowledge of current GDL law, and support for GDL upgrades. A 28-item questionnaire was administered to Connecticut adults by phone survey during January 2008. We collected demographic information and whether respondents understood driving risks, were aware of the current GDL system, and whether they would support GDL upgrades. The state's motor vehicle crash file (1999-2006) was used to calculate motor vehicle crash rate among 16- and 17-year-old drivers by town and correlate that with support for GDL upgrades. Eight hundred seven people were interviewed. More women than men (92% vs. 86%, p towns (38%). Two thirds supported a passenger restriction upgrade with no differences based upon sex or geographic location. There was less support for an increased penalties in Fairfield County when compared to all other counties (55% vs. 63%, p County versus all other counties (70% vs. 58%, p < .05). Parents of Connecticut teens were more knowledgeable of current law but less supportive of GDL upgrades compared to other adults. Women were more apt to favor GDL upgrades than men. This study identifies subgroups that can be targeted for prevention activities and illustrates a useful method to assess public support for GDL upgrades.

  9. Case law

    International Nuclear Information System (INIS)

    Anon.

    2011-01-01

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

  10. Schroedinger vs Dirac bound state spectra of Q anti Q-systems and a plausible Lorentz structure of the effective power-law potential

    Energy Technology Data Exchange (ETDEWEB)

    Barik, N; Barik, B K [Utkal Univ., Bhubaneswar (India). Dept. of Physics

    1981-12-01

    It is shown that a non-relativistic power-law potential model for the heavy quarks in the form V(r) = Arsup(..nu..) + V/sub 0/, (A,..nu..>0) acquires relativistic consistency in generating Dirac bound states of Q anti Q-system in agreement with the Schroedinger spectroscopy if the interaction is modelled by equally mixed scalar and vector parts as suggested by the phenomenology of fine-hyperfine splittings of heavy quarkonium systems in a non-relativistic perturbative approach.

  11. Schroedinger vs Dirac bound state spectra of QantiQ-systems and a plausible Lorentz structure of the effective power-law potential

    International Nuclear Information System (INIS)

    Barik, N.; Barik, B.K.

    1981-01-01

    It is shown that a non-relativistic power-law potential model for the heavy quarks in the form V(r) = Arsup(ν) + V 0 , (A,ν>0) acquires relativistic consistency in generating Dirac bound states of QantiQ-system in agreement with the Schroedinger spectroscopy if the interaction is modelled by equally mixed scalar and vector parts as suggested by the phenomenology of fine-hyperfine splittings of heavy quarkonium systems in a non-relativistic perturbative approach. (author)

  12. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

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

  13. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

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

  14. 7 CFR 501.14 - Non-Federal law enforcement.

    Science.gov (United States)

    2010-01-01

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

  15. Case law

    International Nuclear Information System (INIS)

    2013-01-01

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

  16. Case Law

    International Nuclear Information System (INIS)

    2014-01-01

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

  17. Urban Growth Areas, Priority Funding Area (PFA) - Vector Database. PFAs are geographic growth areas defined under State law and designated by local jurisdictions to provide a map for targeting State investment in infrastructure., Published in 1998, 1:24000 (1in=2000ft) scale, Maryland Department of Planning.

    Data.gov (United States)

    NSGIC State | GIS Inventory — Urban Growth Areas dataset current as of 1998. Priority Funding Area (PFA) - Vector Database. PFAs are geographic growth areas defined under State law and designated...

  18. Odd Topics, Old Methods and the Cradle of the Ius Commune: Byzantine Law and the Italian City-States

    Directory of Open Access Journals (Sweden)

    Daphne Penna

    2017-12-01

    Full Text Available In this paper I try to demonstrate how Byzantine law, a subject odd and exotic at first sight provides a piece of the puzzle that helps us to complete the big picture, the origins of our European legal identity. I refer to some concrete examples of legal interaction between the Byzantine and the Western side of Europe in the tenth, eleventh and twelfth centuries – a period in which the ius commune began to take shape – and explain the method I used step by step, the specific challenges I confronted in the sources and the outcomes of this approach. The comparative legal study of documents of the medieval period at a European level can help us to answer the question whether, long before the making of today’s Europe, today’s European countries were already connected by common legal forms.

  19. Law 302.

    Science.gov (United States)

    Manitoba Dept. of Education, Winnipeg.

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

  20. Steady-state global optimization of metabolic non-linear dynamic models through recasting into power-law canonical models.

    Science.gov (United States)

    Pozo, Carlos; Marín-Sanguino, Alberto; Alves, Rui; Guillén-Gosálbez, Gonzalo; Jiménez, Laureano; Sorribas, Albert

    2011-08-25

    Design of newly engineered microbial strains for biotechnological purposes would greatly benefit from the development of realistic mathematical models for the processes to be optimized. Such models can then be analyzed and, with the development and application of appropriate optimization techniques, one could identify the modifications that need to be made to the organism in order to achieve the desired biotechnological goal. As appropriate models to perform such an analysis are necessarily non-linear and typically non-convex, finding their global optimum is a challenging task. Canonical modeling techniques, such as Generalized Mass Action (GMA) models based on the power-law formalism, offer a possible solution to this problem because they have a mathematical structure that enables the development of specific algorithms for global optimization. Based on the GMA canonical representation, we have developed in previous works a highly efficient optimization algorithm and a set of related strategies for understanding the evolution of adaptive responses in cellular metabolism. Here, we explore the possibility of recasting kinetic non-linear models into an equivalent GMA model, so that global optimization on the recast GMA model can be performed. With this technique, optimization is greatly facilitated and the results are transposable to the original non-linear problem. This procedure is straightforward for a particular class of non-linear models known as Saturable and Cooperative (SC) models that extend the power-law formalism to deal with saturation and cooperativity. Our results show that recasting non-linear kinetic models into GMA models is indeed an appropriate strategy that helps overcoming some of the numerical difficulties that arise during the global optimization task.

  1. Steady-state global optimization of metabolic non-linear dynamic models through recasting into power-law canonical models

    Directory of Open Access Journals (Sweden)

    Sorribas Albert

    2011-08-01

    Full Text Available Abstract Background Design of newly engineered microbial strains for biotechnological purposes would greatly benefit from the development of realistic mathematical models for the processes to be optimized. Such models can then be analyzed and, with the development and application of appropriate optimization techniques, one could identify the modifications that need to be made to the organism in order to achieve the desired biotechnological goal. As appropriate models to perform such an analysis are necessarily non-linear and typically non-convex, finding their global optimum is a challenging task. Canonical modeling techniques, such as Generalized Mass Action (GMA models based on the power-law formalism, offer a possible solution to this problem because they have a mathematical structure that enables the development of specific algorithms for global optimization. Results Based on the GMA canonical representation, we have developed in previous works a highly efficient optimization algorithm and a set of related strategies for understanding the evolution of adaptive responses in cellular metabolism. Here, we explore the possibility of recasting kinetic non-linear models into an equivalent GMA model, so that global optimization on the recast GMA model can be performed. With this technique, optimization is greatly facilitated and the results are transposable to the original non-linear problem. This procedure is straightforward for a particular class of non-linear models known as Saturable and Cooperative (SC models that extend the power-law formalism to deal with saturation and cooperativity. Conclusions Our results show that recasting non-linear kinetic models into GMA models is indeed an appropriate strategy that helps overcoming some of the numerical difficulties that arise during the global optimization task.

  2. Offshore finfish aquaculture in the United States: An examination of federal laws that could be used to address environmental and occupational public health risks.

    Science.gov (United States)

    Fry, Jillian P; Love, David C; Shukla, Arunima; Lee, Ryan M

    2014-11-19

    Half of the world's edible seafood comes from aquaculture, and the United States (US) government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

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

    Directory of Open Access Journals (Sweden)

    Jillian P. Fry

    2014-11-01

    Full Text Available Half of the world’s edible seafood comes from aquaculture, and the United States (US government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

  4. Countering abuses at the granting of additional measures of state support to families with children: the possibilities of the legislator and law enforcement practice experience

    Directory of Open Access Journals (Sweden)

    Oleg S. Kurchenko

    2018-01-01

    Full Text Available The subject of the article is abuses at the granting of additional measures of state support to families with children and measures of its preventionThe purpose of the article is to analyze legal rules governing the provision of additional measures of state support for families with children, to determine their completeness and adequacy for countering abuses in this area.Characteristic of the problem field. The implementation of the legislation on additional measures of state support for families with children, has proved to be connected with widespread attempts to use the maternity (family capital by the persons who do not have the right, or to use it contrary to the restrictions established by law. Analyzed legislation has shortcomings that create the conditions for illegal actions.Methodology. Both general scientific methods (analysis, synthesis, description and special scientific methods (comparative-legal and formal-legal methods were used in the research process .Results. Countering abuses requires improvement (changes and additions of the law governing the provision of additional measures of state support for families with children. Refinement and extension of powers of the Pension Fund’s of the Russian Federation bodies in this area, however, inevitably entails an increase in the number of organizational actions performed by these bodies when considering applications of the entitled persons. The flip side of strengthening the fight against illegal actions in this sphere can also be the limitation of the possibilities of the entitled persons and the extension of discretion of authorized bodies. When the effective legislative means are absent the judicial practice plays a prominent role in preventing the illegal use of maternity (family capital. In particular, the qualification of improvement of housing conditions as a necessary result of the contract of purchase and sale of real estate became one of the obstacles to illegal receipt of

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

    Science.gov (United States)

    New York University Law Review, 1977

    1977-01-01

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

  6. Russian Contract Law for Foreigners

    Directory of Open Access Journals (Sweden)

    Andrey Shirvindt

    2015-01-01

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

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

    Science.gov (United States)

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

    2017-12-15

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

  8. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

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

  9. Asylum vs sovereignty in the 21st century: How nation-state's breach international law to block access to asylum.

    OpenAIRE

    Campbell, John

    2015-01-01

    Asylum was created by the international community in the 20th century to provide legal protection to individuals fleeing persecution by nation states; but the ability to secure asylum has been fundamentally reshaped by sovereign national interests in the 21st century. This paper has two objectives. First it explores the various ways in which nation-states have adopted policies and pursued agendas which prevent asylum seekers from gaining access to countries of asylum, which criminalize many w...

  10. Quantifying underreporting of law-enforcement-related deaths in United States vital statistics and news-media-based data sources: A capture-recapture analysis.

    Science.gov (United States)

    Feldman, Justin M; Gruskin, Sofia; Coull, Brent A; Krieger, Nancy

    2017-10-01

    Prior research suggests that United States governmental sources documenting the number of law-enforcement-related deaths (i.e., fatalities due to injuries inflicted by law enforcement officers) undercount these incidents. The National Vital Statistics System (NVSS), administered by the federal government and based on state death certificate data, identifies such deaths by assigning them diagnostic codes corresponding to "legal intervention" in accordance with the International Classification of Diseases-10th Revision (ICD-10). Newer, nongovernmental databases track law-enforcement-related deaths by compiling news media reports and provide an opportunity to assess the magnitude and determinants of suspected NVSS underreporting. Our a priori hypotheses were that underreporting by the NVSS would exceed that by the news media sources, and that underreporting rates would be higher for decedents of color versus white, decedents in lower versus higher income counties, decedents killed by non-firearm (e.g., Taser) versus firearm mechanisms, and deaths recorded by a medical examiner versus coroner. We created a new US-wide dataset by matching cases reported in a nongovernmental, news-media-based dataset produced by the newspaper The Guardian, The Counted, to identifiable NVSS mortality records for 2015. We conducted 2 main analyses for this cross-sectional study: (1) an estimate of the total number of deaths and the proportion unreported by each source using capture-recapture analysis and (2) an assessment of correlates of underreporting of law-enforcement-related deaths (demographic characteristics of the decedent, mechanism of death, death investigator type [medical examiner versus coroner], county median income, and county urbanicity) in the NVSS using multilevel logistic regression. We estimated that the total number of law-enforcement-related deaths in 2015 was 1,166 (95% CI: 1,153, 1,184). There were 599 deaths reported in The Counted only, 36 reported in the NVSS

  11. Nuclear Law

    International Nuclear Information System (INIS)

    Pascal, Maurice.

    1979-01-01

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

  12. The Possibility Of Judicial Control Of The Discretion Of The Decreeing Of The State Of Defense And The State Of Siege In The Brazilian Law

    Directory of Open Access Journals (Sweden)

    Márcio Eduardo Senra Nogueira Pedrosa Morais

    2016-12-01

    Full Text Available The aim of this research is to approach the theme “constitutional system of crisis” by the dogmatic studying of the state of defense and the state of siege in the text of the Constitution of the Federal Republic of Brazil from 1988 - CFRB/88. Initially, it will be done a study about the constitutional system of crisis and in a second moment, it will be analyzed separately the constitutional dispositions about the state of defense and the state of siege.

  13. Case law

    International Nuclear Information System (INIS)

    2015-01-01

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

  14. The supranational integration and its affection to the law reserve of the member states of the Andean Community. An analysis from the normative hierarchy of its Constitutions

    Directory of Open Access Journals (Sweden)

    José Francisco CHALCO SALGADO

    2017-08-01

    Full Text Available The processes of supranational integration have developed a series of legal and political constructions. In them the determination of States are always in a permanent weakening of its constituent elements. The Andean Community is the process of integration of the Latin American countries: Ecuador, Colombia, Peru and Bolivia. In this process of supranational integration political power has new particularisms that must be analyzed and provided solutions so that these do not obstruct the processes of regional integration. Indeed, in supranational processes, the issue of constitutional guarantees regarding the democratic legitimacy of the incorporation of the State into a supranational community organization is under discussion; The rights, freedoms and guarantees of citizens as limits to the public power of integration; And infringement of the guarantee of reservation of law as soon as there is an introduction of Community legislation in the domestic legal order of the Member States of the supranational organization and at the same time the development of thematic by the supranational legislation whose regulation could be reserved exclusively to the legislator of the member country. Thus, this article raises the need to question and find solutions in terms of normative hierarchy and the introduction of derived legislation produced in the supranational community organization to the national legal order of a State as one of the constitutional problems of integration.

  15. Derivation of the Ideal Gas Law

    Science.gov (United States)

    Laugier, Alexander; Garai, Jozsef

    2007-01-01

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

  16. An exploratory approach to violence against women in the State of Maranhão (Brazil: Should change the Maria da Penha Law?

    Directory of Open Access Journals (Sweden)

    Artenira da Silva e Silva Sauaia

    2015-11-01

    Full Text Available This paper begins with a brief review of the current situation of violence against women in Brazilian context, focusing more in the Northeast and in the State of Maranhão. For this we will make a slight reference to studies and research on violence against women. Then we review the legislation on gender violence in particular No. 11,340 / 2006 and Law Maria da Penha Law, making a criticism of its use and failure to adapt to the realities of Brazilian society. In order to contrast the data analyzed in the reviewed studies and analysis of the scientific literature, we proceeded to perform, from a qualitative approach, an exploratory approach to the reality of violence against women in Maranhão. To that end, using qualitative techniques were carried out 12 in-depth interviews to women of different ages and socio-economic status. Two in-depth interviews with key informants –a Judge of the "Tercera Vara Especial de Combate à Violência Doméstica e Familiar Contra a Mulher" of the city of Sao Luis do Maranhão and prosecuted for domestic violence in rehabilitation man. A discussion group with 7 graduates and lawyers was also performed. In addition to participatory-indirect observation in the streets of the city of Sao Luis do Maranhão, recording the analysis in a field diary for a week.

  17. Law Enforcement and Gun Retailers as Partners for Safely Storing Guns to Prevent Suicide: A Study in 8 Mountain West States.

    Science.gov (United States)

    Runyan, Carol W; Brooks-Russell, Ashley; Brandspigel, Sara; Betz, Marian; Tung, Gregory; Novins, Douglas; Agans, Robert

    2017-11-01

    To examine the extent to which law enforcement agencies (LEAs) and gun retailers are willing to offer voluntary, temporary storage as a part of an overall suicide prevention effort. We invited all LEAs and gun retailers in 8 US states to respond to questionnaires asking about their willingness to offer temporary gun storage and their recommendations to gun owners about safe storage. We collected data in 2016 from 448 LEAs and 95 retailers (response rates of 53% and 25%, respectively). Three quarters of LEAs (74.8%; 95% confidence interval [CI] = 72.1, 77.5) indicated they already provided temporary storage compared with 47.6% (95% CI = 39.2, 56.0) of retailers. LEAs were most willing to provide storage when a gun owner was concerned about the mental health of a family member. Retailers were more receptive than were LEAs to providing storage when visitors were coming or for people wanting storage while traveling. Both groups recommended locking devices within the home, but LEAs were slightly more favorable to storing guns away from the home. Law enforcement agencies and gun retailers are important resources for families concerned about suicide.

  18. Technical rules in law

    Energy Technology Data Exchange (ETDEWEB)

    Debelius, J

    1978-08-01

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

  19. Technical rules in law

    International Nuclear Information System (INIS)

    Debelius, J.

    1978-01-01

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

  20. Constitutional Law--State Action--Golden v. Biscayne Bay Yacht Club: Preventing Discrimination by Private Clubs

    Science.gov (United States)

    Patrick, Michael W.

    1976-01-01

    Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…

  1. Commentary on Zirkel: Judicial Rulings Specific to FBAs or BIPs under the IDEA and Corollary State Laws--An Update

    Science.gov (United States)

    Horner, Robert H.; Yell, Mitchell L.

    2017-01-01

    The authors discuss the journal article by Perry Zirkel on legal action in regard to functional behavioral assessment (FBA) and behavior intervention plans (BIPs). They contend that the Zirkel article opens larger questions that will be central to ongoing discussions at the national, state, district, school, and family levels. Such issues include…

  2. 28 CFR 1100.29 - The roles and responsibilities of federal law enforcement, immigration, and Department of State...

    Science.gov (United States)

    2010-07-01

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

  3. Responding to the Needs of Young People Leaving State Care: Law, Practice, and Policy in England and Northern Ireland.

    Science.gov (United States)

    Pinkerton, John; Stein, Mike

    1995-01-01

    Notes that the challenge for state child welfare services when young people leave care is to prepare them to cope with pressures surrounding this transition. Reviews existing research to explore current practice in England and Northern Ireland, and considers whether recent legislative reform in the two jurisdictions will help develop policy and…

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2010-01-01

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

  5. Programs across the United States that aid motorists in the reporting of impaired drivers to law enforcement

    Science.gov (United States)

    2007-03-01

    The objective of this project was to identify States that use a statewide cellular drunk driving reporting program which provides free airtime and allows motorists with cell phones to dial a special number (such as *DUI) to report suspected drunk dri...

  6. Internationalization of law globalization, international law and complexity

    CERN Document Server

    Dias Varella, Marcelo

    2014-01-01

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

  7. Elementary Assessment Handbook; a self-assessment handbook for compliance with the laws relating to elementary school boards of trustees and the state board of education policies for the general operation of a school district.

    Science.gov (United States)

    Arizona State Dept. of Education, Phoenix.

    As an alternative to assessments conducted by the State Department of Education, Arizona school districts can use this handbook for self evaluation of their compliance with school law, which is basically controlled by Arizona Revised Statute (ARS) Title 15 and State Board of Education policy. This handbook is divided into seven parts which…

  8. “Laic State is not Atheistic state”: Some reflections about Religion, State and Education from the “law of the bible” in Florianópolis/SC

    Directory of Open Access Journals (Sweden)

    Amurabi Oliveira

    2017-10-01

    Full Text Available The present work aims to discuss the relationship between State and Religion in Brazil, taking as a guideline the discussion about the approval of Law nº 9.374 of march 11, 2015, which instituted the obligatory of the presence of the bible in schools in Florianópolis/SC, the law was elaborated by the councilman Jerônimo Alves (PRB, also known as Bishop Jerônimo Alves. I am interested here to understand the dispute over the concept of secularism, in which certain groups begin to seek to include their demands in the political agenda, so that, in my understanding, they do not seek with theses actions that they articulate, that passes through bills of laws like this, but also the institutionalization of new commemorative dates and the construction of monuments of religious character, but a semantic extension of the concept of laicity, which comes amid a process of Pentecostal expansion which goes beyond the numerical figures referring to those who claimed to be evangelicals, especially pentecostal evangelicals.

  9. The mechanism and universal scaling law of the contact line friction for the Cassie-state droplets on nanostructured ultrahydrophobic surfaces.

    Science.gov (United States)

    Zhao, Lei; Cheng, Jiangtao

    2018-04-05

    Besides the Wenzel state, liquid droplets on micro/nanostructured surfaces can stay in the Cassie state and consequently exhibit intriguing characteristics such as a large contact angle, small contact angle hysteresis and exceptional mobility. Here we report molecular dynamics (MD) simulations of the wetting dynamics of Cassie-state water droplets on nanostructured ultrahydrophobic surfaces with an emphasis on the genesis of the contact line friction (CLF). From an ab initio perspective, CLF can be ascribed to the collective effect of solid-liquid retarding and viscous damping. Solid-liquid retarding is related to the work of adhesion, whereas viscous damping arises from the viscous force exerted on the liquid molecules within the three-phase (liquid/vapor/solid) contact zone. In this work, a universal scaling law is derived to generalize the CLF on nanostructured ultrahydrophobic surfaces. With the decreasing fraction of solid-liquid contact (i.e., the solid fraction), CLF for a Cassie-state droplet gets enhanced due to the fact that viscous damping is counter-intuitively intensified while solid-liquid retarding remains unchanged. Nevertheless, the overall friction between a Cassie-state droplet and the structured surface is indeed reduced since the air cushion formed in the interstices of the surface roughness underneath the Cassie-state droplet applies negligible resistance to the contact line. Our results have revealed the genesis of CLF from an ab initio perspective, demonstrated the effects of surface structures on a moving contact line and justified the critical role of CLF in the analysis of wetting-related situations.

  10. Application of laws, policies, and guidance from the United States and Canada to the regulation of food and feed derived from genetically modified crops: interpretation of composition data.

    Science.gov (United States)

    Price, William D; Underhill, Lynne

    2013-09-04

    With the development of recombinant DNA techniques for genetically modifying plants to exhibit beneficial traits, laws and regulations were adopted to ensure the safety of food and feed derived from such plants. This paper focuses on the regulation of genetically modified (GM) plants in Canada and the United States, with emphasis on the results of the compositional analysis routinely utilized as an indicator of possible unintended effects resulting from genetic modification. This work discusses the mandate of Health Canada and the Canadian Food Inspection Agency as well as the U.S. Food and Drug Administration's approach to regulating food and feed derived from GM plants. This work also addresses how publications by the Organisation for Economic Co-operation and Development and Codex Alimentarius fit, particularly with defining the importance and purpose of compositional analysis. The importance of study design, selection of comparators, use of literature, and commercial variety reference values is also discussed.

  11. Slow-slip events on the Whillans Ice Plain, Antarctica, described using rate-and-state friction as an ice stream sliding law

    Science.gov (United States)

    Lipovsky, Bradley Paul; Dunham, Eric M.

    2017-04-01

    The Whillans Ice Plain (WIP), Antarctica, experiences twice daily tidally modulated stick-slip cycles. Slip events last about 30 min, have sliding velocities as high as ˜0.5 mm/s (15 km/yr), and have total slip ˜0.5 m. Slip events tend to occur during falling ocean tide: just after high tide and just before low tide. To reproduce these characteristics, we use rate-and-state friction, which is commonly used to simulate tectonic faulting, as an ice stream sliding law. This framework describes the evolving strength of the ice-bed interface throughout stick-slip cycles. We present simulations that resolve the cross-stream dimension using a depth-integrated treatment of an elastic ice layer loaded by tides and steady ice inflow. Steady sliding with rate-weakening friction is conditionally stable with steady sliding occurring for sufficiently narrow ice streams relative to a nucleation length. Stick-slip cycles occur when the ice stream is wider than the nucleation length or, equivalently, when effective pressures exceed a critical value. Ice streams barely wider than the nucleation length experience slow-slip events, and our simulations suggest that the WIP is in this slow-slip regime. Slip events on the WIP show a sense of propagation, and we reproduce this behavior by introducing a rate-strengthening region in the center of the otherwise rate-weakening ice stream. If pore pressures are raised above a critical value, our simulations predict that the WIP would exhibit quasi-steady tidally modulated sliding as observed on other ice streams. This study validates rate-and-state friction as a sliding law to describe ice stream sliding styles.

  12. Handbook on nuclear law

    International Nuclear Information System (INIS)

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

    2003-07-01

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

  13. Handbook on nuclear law

    International Nuclear Information System (INIS)

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

    2006-02-01

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

  14. Handbook on nuclear law

    International Nuclear Information System (INIS)

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

    2006-06-01

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

  15. [Cultural Identity, social health, and the Social State Under the rule of law. The case of "The Quimbaya Treasure". Quindío, Colombia].

    Science.gov (United States)

    Robledo-Martínez, Felipe A

    2015-07-01

    We approach the concept of "cultural identity" as a cohesive element within a group in the context of history and territory. We posit the relationship between this cultural identity with symbols of affiliation and origin, such as archeological heritage; in this case "The Quimbaya Treasure". We present "social health" as the capacity of a community, immersed in a culture and a territory, to relate healthily and cherish sentiments of support and trust. Rudiments of identity such as ancestral legacies allow for the creation of feelings of "sociocultural belonging" and self-determination of peoples that take paret in the health of a society. The autonomy of peoples and the recognition of their diversity appear in the notion of Nation State and Social State Under the Rule of Law. In this document, it is argued that, though the construction of this state was a political task, the edification of the nation was not. This edification was the result of earlier cultural labor. Nevertheless, historical rights are reflected in established constitutions. The Quimbaya Treasure was donated to Spain as part of Colombia's participation in ceremonies commemorating the 400th anniversary of the "Discovery of the Americas". This essay documents the legislative acts that prove the inconstitutionality of that donation and, as a result, the treasure's possible repatriation. It places emphasis on the importance of the repatriation given the value it possesses as an agent of cultural identity for Colombians in general and the residents of Quindío in particular.

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

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2011-04-01

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

  17. Globalization, Inequality & International Economic Law

    Directory of Open Access Journals (Sweden)

    Frank J. Garcia

    2017-04-01

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

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

    Directory of Open Access Journals (Sweden)

    Jovanović Marko

    2014-01-01

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

  19. Private law

    DEFF Research Database (Denmark)

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

  20. OpenLaws.eu

    NARCIS (Netherlands)

    Wass, C.; Dini, P.; Eiser, T.; Heistracher, T.J.; Lampoltshammer, T.J.; Marcon, G.; Sageder, C.; Tsiavos, P.; Winkels, R.; Schweighofer, E.; Kummer, F.; Hötzendorfer, W.

    2013-01-01

    The OPENLAWS.eu project aims to linking existing laws, cases and legal literature throughout the EU and member states and potentially worldwide and at adding new user-friendly functionality for a higher productivity. Furthermore, the project should make it possible to easily publish new legal

  1. Inmigrantes. Del estado de excepción al estado de derecho (Immigrants. From the State of Siege to the Rule of Law

    Directory of Open Access Journals (Sweden)

    Javier De Lucas

    2011-05-01

    Full Text Available The evolution of migration policies in the EU shows that the so-called "spirit of Tampere" and especially the objectives of full integration, understood as a mutual negotiation process, governed by the principle of equality in all rights and the priority of the rule of law, suffer an increasing deterioration, under the double pretext of economic crisis and the withdrawal securitarian. The alternative proposed by Lochak seems clearer than ever and growing concern about particular orientation Juridical (Legislative more than case law that is tilted by the logic of "state of siege. " Against this, there is a renewed focus on the one hand, the minimum that represents respect for the principles and rules of the rule of law, but also the need to place on the political agenda of the EU mechanisms to make accessible the citizenship for immigrants La evolución de las políticas migratorias en la UE muestra que el denominado “espíritu de Tampere” y sobre todo los objetivos de una integración plena, entendida como un proceso de negociación mutua,  regido por el principio de igualdad  en todos los derechos y la prioridad de las reglas del Estado de Derecho, sufre un creciente deterioro, bajo la doble coartada de la crisis económica y del repliegue securitario. La alternativa propuesta por Lochak parece más evidente que nunca y en particular crece la preocupación por una orientación juridical (más legislativa que jurisprudencial que se inclina por la lógica del “estado de sitio”. Frente a ello, hay que volver a insistir, de un lado, en el mínimo que representa el respeto por los principios y reglas del Estado de Derecho, pero también en la necesidad de colocar en la agenda política de la UE mecanismos que hagan accesible la ciudadanía para los inmigrantes. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1739891

  2. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

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

  3. Case law

    International Nuclear Information System (INIS)

    Anon.

    2008-01-01

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

  4. Business Law

    OpenAIRE

    Marson, James; Ferris, Katy

    2016-01-01

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

  5. A simplified method for power-law modelling of metabolic pathways from time-course data and steady-state flux profiles.

    Science.gov (United States)

    Kitayama, Tomoya; Kinoshita, Ayako; Sugimoto, Masahiro; Nakayama, Yoichi; Tomita, Masaru

    2006-07-17

    In order to improve understanding of metabolic systems there have been attempts to construct S-system models from time courses. Conventionally, non-linear curve-fitting algorithms have been used for modelling, because of the non-linear properties of parameter estimation from time series. However, the huge iterative calculations required have hindered the development of large-scale metabolic pathway models. To solve this problem we propose a novel method involving power-law modelling of metabolic pathways from the Jacobian of the targeted system and the steady-state flux profiles by linearization of S-systems. The results of two case studies modelling a straight and a branched pathway, respectively, showed that our method reduced the number of unknown parameters needing to be estimated. The time-courses simulated by conventional kinetic models and those described by our method behaved similarly under a wide range of perturbations of metabolite concentrations. The proposed method reduces calculation complexity and facilitates the construction of large-scale S-system models of metabolic pathways, realizing a practical application of reverse engineering of dynamic simulation models from the Jacobian of the targeted system and steady-state flux profiles.

  6. A simplified method for power-law modelling of metabolic pathways from time-course data and steady-state flux profiles

    Directory of Open Access Journals (Sweden)

    Sugimoto Masahiro

    2006-07-01

    Full Text Available Abstract Background In order to improve understanding of metabolic systems there have been attempts to construct S-system models from time courses. Conventionally, non-linear curve-fitting algorithms have been used for modelling, because of the non-linear properties of parameter estimation from time series. However, the huge iterative calculations required have hindered the development of large-scale metabolic pathway models. To solve this problem we propose a novel method involving power-law modelling of metabolic pathways from the Jacobian of the targeted system and the steady-state flux profiles by linearization of S-systems. Results The results of two case studies modelling a straight and a branched pathway, respectively, showed that our method reduced the number of unknown parameters needing to be estimated. The time-courses simulated by conventional kinetic models and those described by our method behaved similarly under a wide range of perturbations of metabolite concentrations. Conclusion The proposed method reduces calculation complexity and facilitates the construction of large-scale S-system models of metabolic pathways, realizing a practical application of reverse engineering of dynamic simulation models from the Jacobian of the targeted system and steady-state flux profiles.

  7. New definition of the decay law

    International Nuclear Information System (INIS)

    Shirokov, M.I.

    1977-01-01

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

  8. Abuse of rights in Community Law

    DEFF Research Database (Denmark)

    Sørensen, Karsten Engsig

    2006-01-01

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

  9. Mandatory Vaccinations: Precedent and Current Laws

    National Research Council Canada - National Science Library

    Welborn, Angie A

    2005-01-01

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

  10. Twentieth Century Internationalism in Law

    DEFF Research Database (Denmark)

    Spiermann, Ole

    2007-01-01

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

  11. Nuclear Energy Law and Arbo Law/Safety Law

    International Nuclear Information System (INIS)

    Eijnde, J.G. van den

    1986-01-01

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

  12. RECENT CJEU CASE LAW TRENDS IN COMPETITION LAW

    Directory of Open Access Journals (Sweden)

    Virgilijus Valančius

    2017-12-01

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

  13. The Delinquencies of Juvenile Law: A Natural Law Analysis

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    Ellis Washington

    2010-07-01

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

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

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    Fabian Augusto Cárdenas Castañeda

    2010-05-01

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

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

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    Wright, Danaya

    1995-01-01

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

  16. Internet-facilitated commercial sexual exploitation of children: findings from a nationally representative sample of law enforcement agencies in the United States.

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    Mitchell, Kimberly J; Jones, Lisa M; Finkelhor, David; Wolak, Janis

    2011-03-01

    This article explores the variety of ways in which the Internet is used to facilitate the commercial sexual exploitation of children (CSEC) and provides national incidence estimates for the number of arrests involving such technology-facilitated crimes in 2006. The National Juvenile Online Victimization Study is a nationally representative longitudinal study of more than 2,500 local, county, state, and federal law enforcement agencies across the United States. The current article utilizes Wave 2 data, which surveyed arrests in 2006 for Internet-related sex crimes against minors. Detailed data were collected via telephone interviews with investigators about 1,051 individual arrest cases. Findings show that an estimated 569 arrests for Internet-facilitated commercial sexual exploitation of children (IF-CSEC) occurred in the United States in 2006. Offenders in IF-CSEC cases fell into two main categories: (1) those who used the Internet to purchase or sell access to identified children for sexual purposes including child pornography (CP) production (36% of cases), and (2) those who used the Internet to purchase or sell CP images they possessed but did not produce (64% of cases). Offenders attempting to profit from child sexual exploitation were more likely than those who were purchasing to have (a) prior arrests for sexual and nonsexual offenses, (b) a history of violence, (c) produced CP, (d) joined forces with other offenders, and (e) involved female offenders. Although the number of arrests for IF-CSEC crimes is relatively small, the victims of these crimes are a high-risk subgroup of youth, and the offenders who try to profit from these crimes are particularly concerning from a child welfare perspective.

  17. [Laws on gender violence and their effect on sexism in advertising: a comparative analysis of advertisements from Argentina, Mexico, Spain and the United States].

    Science.gov (United States)

    Martín-Llaguno, Marta; Navarro-Beltrá, Marián

    2013-04-01

    The aim of this study was to assess the impact of gender violence legislation on the incidence of sexism and gender bias in advertisements published in four countries: Argentina, Mexico, Spain, and the United States. The study focused on the content of 163 advertisements: 69 from Spain, 16 from Mexico, 50 from Argentina, and 28 from the United States. Data were gathered on the presence of bodies not associated with the product being advertised, to study the stereotypical presentation of men and women and gender biases in advertisements in Argentina, Mexico, Spain, and the United States. The following stereotypical findings were observed: (i) men were shown in public places more often than women in the ads from Argentina (P = 0.000), Spain (P = 0.000), and Mexico (P = 0.011); (ii) men were shown more often than women practicing neutral professions in the ads from Argentina (P = 0.004), Spain (P = 0.000), and Mexico (P = 0.025); and (iii) men were shown more often than women as workers and users (P = 0.000) and less often than women in a parenting role (P = 0.000). With regard to biases, (i) men were given greater visibility than women in all four countries, and (ii) only in the ads from Spain were there significant differences in terms of parity, with men appearing more often in the ads than women (P = 0.014), and empowerment, with men shown making decisions more often than women; P = 0.045). Those countries with legislation aimed at using communication to prevent gender violence do not have less sexism in their advertisements. To analyze the relationships between laws, sexism, and gender violence, it would be necessary to undertake a rigorous diachronic assessment of the instruments constructed and also to compare the results with other cultural and social indicators that are often difficult to isolate.

  18. Space Law and China

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    Tronchetti, Fabio

    2017-08-01

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

  19. Hayek, law philosopher

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    Aeon Skoble J.

    2012-01-01

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

  20. The law at The State-Of-The- Art: Antigone, the Merchant of Venice and the Trial at the Reconstitution of Forensic Historiography

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    Arthur Magalhães Costa

    2016-06-01

    Full Text Available It is known that Art has accompanied the human being in its path, having appeared as its soul expression since the beginnings of humankind until the most recent times. Hence the Law, a formatted construct from the regulation of socialization, it is possible to realize from literature a good opportunity to analyze the specificities which have marked the Legal System through times. The present paper will verse towards the capturing of the justice ideal, contrasting with the very own characteristics and complexities of Classic Natural Law from Sophocles, Renaissance Law from Shakespeare and Contemporary Law from the lines of Kafka.