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I'm a novice in a legal science, but I have some projects I'd like to publish, but I don't where it's better to do this. Most of my articles have 6-8 pages and they touch upon various issues of civil and public law (generally it's constitutional and international public law, not criminal). Sincerely and hopefully waiting for your responses.
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Search scopus list journal according the project
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I am currently writing my dissertation and in order to complete my data analysis I need more responses to my questionnaire, would it be possible for you to complete the dissertation which is based around the use of the NEC3 construction contract. I have copied the link which will lead you to the short questionnaire which should take no longer than 10 minutes. I appreciate your help. https://ljmu.onlinesurveys.ac.uk/ljmu-dissertation-611402
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Interesante pregunta
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I'm looking for any research articles that may be linked to this question.
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Debe hacerse un interesante estudio desde aspectos socioculturales
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The South Asian legal systems are still bearing colonial heritage of the British Indian empire inside its important laws. Basic laws in the field of evidence law, civil procedure, criminal procedure, penal law, contract law, personal law and so many other fields. Larger portion of these legislations are based on either the principles of Roman Law, Common law.
Most of these outdated and socially irrelevant laws are causing severe damage to the judicial systems and the societies. Complex laws are creating case-backlogs, laws with socially irrelevant remedy and lack of deterrance in punishments are creating social disorder.
Moreover, from a jurisprudential perspective, we can not expect a portion of victorian age legal system to be applied into some modern heterogenous societies having high opportunity of socio-economic prosperity.
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Altough my opinion can not be but an external point of view, because I am not immersed in the culture of the South Asian countries, nor have I had experienced their history, I agree what Montserrat Gas-Aixendri wrote: «The changes should depend more on the fact that the laws are not adequate to reality, than on whether they come from a colonial government».
In Latin America, where I live and work, even when some figures (still on force) descends clearely from Roman Law, our legal systems were not precisely inherited from those ruling in the times of european empire's domination, but imported from codes, institutions and political arrangements conceived under the strong influence of liberal ideals, also brought from Europe in the times of French Revolution and intensfied with the example given by the United States' Independence. Probably, we could regard them as colonial inheritance, but they have been well assimilated in our political culture and our legal thinking.
Nowadays, after two centuries, the same basic constructs support our normative frame and, even in the recognizion of the several ammendements operated time by time, globalization is impelling us to equate legal figures and procedures to those existent in developed countries, in order to attract business and investments. So, I think, there is a worldwide phenomenon concerning legislation: its tendency to be homologated.
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  • Why do we not find explicit legal texts in dealing with common share lease situations in civil laws?
  • While we find a treatment for common share disposition cases.
  • We also find a clear treatment for the common share management situation.
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La autoconfiguración de las cláusulas del contrato sobreviene en obligaciones entre las partes y, de conformidad con la autonomía de la voluntad, responden al interés general, como principio previo al ordenamien to jurídico. La sistematización de su fundamento jurídico permite -mediante un análisis lógico- la concreción de conocimien tos sobre la estructura teórica del contrato como instrumento jurídico regulador de la economía
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In recent times, there have been many topics on how artificial intelligence can be used in finance: automatic financial advice, new tools, more accurate prediction, automatic trading, data management, poverty alleviation, new ethical dilemmas.
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Dear Dr László Vértesy, I think algorithm based trading ( share, foreign exchange and commodity) has huge scope for AI. Already we are into it. Initially these will be premium services..... meaning will help rich becoming richer ànd poor becoming poorer. Warm regards Yoganandan G
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Dear friends,Thank you for the messages received! But, I sign my works with Voicu Alexandru Virgil or Voicu.A.V. ...
Professor (av.) Alexandru-Virgil VOICU
Mobile: +40 745 502 635; +972 58 601 4037; +373 610 36 072
B.A. in Physical Education in Sport/Emeritus Coach of Romania in Weightlifting
B.A. in Law/ Ph.D. in Civil Law
Doctoral supervisor in Law & Physical education and sports
Master degree in Business Development
Honorary Member of the Romanian Olympic and Sports Committee
Honorary Vice-President of the International Association of Sport Law
Correspondence Address: 49 Suceava Str, Cluj-Napoca, 400219, Romania
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Dear participants in Research Gate. I receive research results that do not fall within the scope of my specializations. I am a Professor of Law and Physical Education and Sports as well ... I collaborate with Babes-Bolyai University Cluj-Napoca and the National Academy of Physical Education and Sports Bucharest (both in Romania) and lead doctoral theses at Constantin Stere University in Chisinau - in the specialty of law (Republic of Moldova).
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The coronavirus is increasingly having an impact in public and private law. Fundamental freedoms are restricted. Fulfillment of contracts becomes impossible; many obligors and debtors refer to force majeure (vis maior).
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Follow & up.
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i know that :
" Public procurement has a long history. Written on a red clay tablet,
found in Syria, the earliest procurement order dates from between 2400
and 2800 B.C. The order was for “50 jars of fragrant smooth oil for 600
small weight in grain”. Other evidence of historical
procurement includes the development of the silk trade between China
and a Greek colony in 800 B.C.
In the United States, government
procurement at the municipal level predates that of state and federal
governments."
what about the other countries? developed and in developing countries?
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In Hungary the first public procurement regulation can be discovered in the Act XX of 1897 on State Accounting. Then came other acts in relation with industrial development (Act III of 1907; Act XXI. of 1931). During the socialism, due to nationalization and command economy there was no competition. After the political changes (1990s), instead of amending the incomplete and rough public procurement legislation in force in the early 1990s, a new law was needed. Hungary's first law, specifically on public procurement, is the Act XL of 1995. With our accession to the European Union, the Act CXXIX of 2003 on Public Procurement resulted in full harmonization with EU legislation, which after eight years was replaced by another Public Procurement Act, the Act CVIII of 2011. Due to the transposition of the new EU directives adopted in 2014 and with the aim of introducing a more flexible public procurement regulation, our latest public procurement regulation entered into force on 1 November 2015 Act CXLIII of 2015 on Public Procurement (Kbt.).
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On 1 July 2012, the preliminary reference procedure was introduced at the Supreme Court of the Netherlands. When lower civil courts face controversial points of law, they may refer a question of interpretation to the Supreme Court and request a preliminary ruling. This way, the Supreme Court should be able to provide legal practice with a faster and more specific response to pressing legal questions than through the ‘ordinary’ procedure.
This preliminary reference procedure is not a modern invention. It was already known in Rome, existed in a specific form in France (référé législatif, where a question of interpretation was referred to the legislator), was used at the Italian Corte Costitutionale and has been a powerful tool for the development of EU law by the European Court of Justice in Luxembourg (see the attached blog and article). Furthermore, Protocol 16 to the ECHR will allow highest courts of states that have ratified this Protocol to refer a question of principle to the European Court of Human Rights for an advisory opinion.
I wanted to use ResearchGate for a small comparative exercise. Perhaps you would like to answer the following questions. May lower courts in your country refer a question of interpretation to the highest court(s) in your country? Did such an instrument once exist, or is the introduction of such an instrument currently under consideration in your country?
I am also interested in literature on this subject and in other relevant international examples.
Your help is greatly appreciated,
Ruben
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The Curia of Hungary, as the highest instance judicial forum of the country, has the constitutional duty to harmonise the administration of justice within the Hungarian judiciary, mainly by means of rendering uniformity decisions. The Curia renders uniformity decisions in cases rasing issues of theoretical importance in order to ensure the uniform application of law within the Hungarian judiciary. Such decisions are binding on all Hungarian courts. The operative parts of uniformity decisions – as brief summaries – are accessible hereunder:
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All modern constitutions contain and declare the concept and principle of popular sovereignty, which essentially means that the people and their representative organs (like chambers) are entitled to be involved into the legislation.
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Dear Valeria Tananska, thank you for your detailed answer.
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I am looking for two laws: (1) the law of electronic evidence; (2) the law of evidence of the G7 countries
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Dear respected colleagues,
My heart is very saddened to hear the rampant incidences of floods reported in various parts of the world. My condolences to families that have lost dear loved ones and relatives as well as highly esteemed country men. My country Ghana has not been spared of the anger of the floods either.
Personally, I get annoyed at the unruly anthropogenic activities that disrupt the pathways of water bodies such as the construction of houses in the frontiers of rivers and other water bodies. I am incensed at companies that discharge their harmful industrial eflluents into the water bodies and irresponsible citizens who direct their domestic wastes into rivers. What kind of societies are we building that are so cruel to our environments?
We reap what we sow. The situation of floods taking lives and properties break my heart. Please, what can we do about this? What proper structures can we put in force to avert this situation?
In my city Kumasi, there is going to be a massive demolition exercise of houses and firms situated at wrong locations causing the floods, starting today.
Kindly share your valued views on how we can handcuff flooding to save the world. Kind regards
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Dear Colleagues,
That is an interesting issue and I enjoyed reading the contributions. To widen the horizon of the discussion, I would like to add some other geoscientific points of view that have been only partly considered yet. (In the following I will not consider flash floods, being another issue.)
My home country, Hungary, being the second most flood-endangered country in Europe (after The Netherlands) is mostly composed of floodplains. As Bruno already mentioned above, wetlands are important part of such hydrological and sedimentary settings, but it was not discussed in details why.
The Pannonian Basin is currently a puzzle of differential uplift/subsidence. This applies to the floodplains, too. In natural conditions, if there is a differential subsidence (i.e. some parts of the basic subside somewhat more rapidly, because of tectonic/geodynamic reasons) the regular (decadal/centennial) large floods deliver and distribute sediment to the whole floodplain, filling the more rapidly subsiding part with somewhat more sediments, so the large floods equilibrate the surface in long term. You will observe this phenomenon in the sedimentary record, creating various sedimentation rates in the basin.
Now, if we build levees to protect our built-up structures or even croplands against floods, what happens in a century or more (we observe that in the Tisza Plain) is that the sediments will not be distributed in the whole basin, just within the levees. In consequence
  1. the area within the levees will be actually higher than the other (protected) side of the levees, increasing the water level anyhow;
  2. the differential subsidence will not be compensated by the distribution of sediments, this way the areas characterised by slower subsidence will decrease the slope of the dewatering rivers, building up an obstacle (actually a big and wide natural dam) considerably increasing the flood levels in these areas.
The important message that we have learned from this (and here I mention my colleague, Gábor Timár (also at RG) who had a lion's share in explaining this phenomenon) that you cannot build higher and higher levees in long term to protect yourself from the increasing flood levels. You have to let more space for the rivers to meander, to deposit their sediments, this will slow down this complex geoscientific process. For that creating wetlands it is a good idea, not only because of the ecological reasons, but also for slowing down the unequilibrated sediment distribution blocked by the levees.
Thank you for your attention, kind regards, Balázs
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The principle of bona fides is the criterion for assessing the legitimacy of the conduct of persons or is it a standard of conduct based on the person's presentation of morality and morality?
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In spanish civil&commercial law bona fides is a legal principle.
Art 7 Spanish Civil Code (applicable to commercial relationships) says: "1. Rights mut be excersised in accordance of the requirements of good faith". (Bona fides from an objective sense).
Art. 1258 Spanish Civil Code (applicable to commercial relationships): "Contracts are perfected by mere consent and since then bind the parties, not just to the performace of the matters expressly agreed therein, but also to all consequencies wich, according to their nature, are in accordance with good faith, custom, and the law". (Bona fides from a subjective sense)
Art. 57 Spanish commercial code says "Business contracts shall be implemented an fullfiled in good faith, pursuant to the terms under which they were made and drafted, whitout misinterpreting them through arbitrary constructions of the correct, proper and usual sense of the words said or written or restrictions of the efects naturally arising from the way in which the parties to the contract would have explained their will and contracted their obligations." (Bona fides from a subjective sense).
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I am currently researching an criminal responsibility of legal persons (corporations) under international criminal law (decision of Special Tribunal for Lebanon). I know that never ever such responsibility was drawn in history of int. crim. law, but now I thinking about domestic level. Do you know any case where such responsibility of legal person was drawn on national level for crimes under international law such as war crimes or crimes against humanity? Thank you very much.
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Attached is a paper I did in 2010 on Resource Extraction in the Congo published in the Asper Review. I list a number of cases near the end citing some corporate criminal liability cases in international law.  In particular see footnotes 115-117 Re: Frans van Anraat in the Netherlands Courts.
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At the national library of Luxembourg we are concerned that sharing/giving access to our digitised collections with DH scholars is difficult, if not impossible, as they are to a large extend subject to copyright and would require require rights clearance. 
How do address this issue? Are specific legal amendments required for Text and Data Mining for instance?
Regards, Patrick Peiffer
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I see - yes, publishers are right holders only for their catalogues.
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I need articles or jurisprudence regarding rape on a common law country. I need information related to types of rape, the ways it can be commited and the consent of the victim.
For example: can a woman rape? Does only penile penetration counts as rape? What if they are married, what if the victim wanted only vaginal sex? etc.
Those are the topics that I need information on, only on the common law world. Jurisprudence or scholar articles are fine.
I will be grateful if you can send me this information.
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These are by far, the best two pieces of work I know about rape trials in the US:
Matoesian, G. M. (2001). Law and the language of identity: Discourse in the William Kennedy Smith rape trial. Oxford University Press.
Chicago
Drew, P. (1992). Contested evidence in courtroom cross-examination: The case of a trial for rape. Law in Action: Ethnomethodological and Conversation Analytic Approaches to Law (Ashgate, 1997).
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While copying others may be helpful in some situations, the challenge is to realize when our personal beliefs contradict what others are doing!
Since it is a practice adopted both by those who practice and by those who judge the act of corruption, what are the consequences of the discourse "if everyone is doing this, it must be right"? To what extent is the behavior of a significant part of the magistracy valid in simply obeying the commands and guidance from the higher authority?
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Dear Rogerio
I am sorry, but perhaps this isn't the best way to phrase the query. As you rightly point out, the very scientific process is learning to copy the good gestures, habits, procedures, and to repeat the works of your predecessors, peers and "contribute" (root "con" means sharing, adding to, conserving, repeating etc). The problem starts when the contribution, collective effort is not valued. When the edifice of knowledge is "taken" by the individual, without the due acknowledgement of the contribution of thought that came before.
Surely, Einstein didn't recognise Neanderthal man, Pythagoras, Newton and Leibnitz as contributors, and didn't refer to their individual paintings, papers, reports or books in his references. But his whole work is put at the service of humanity, patents nothing and it is Einstein who repeatedly calls attention to the fact that every great scientist stands on the shoulders of giants.
What is important to mention, is not what is "copied", unless it was a triger to creativity, a work that embodied or referred a point of particular change, or stimulus to view the problem in a new manner. If there is a possible patent, or ownership claimed, then, it is absolutely essential that contribution or ownership is referred and acknowledged.
Nobody thinks the less of Shakespear because he used stories invented by troubadours or other writers of his time. He made a living out of the expression of the old story, in a new context. Science is also an expression of the human genius. What is legal fragility is to expect the law to express the infinite variability of originality. Herd instinct is important to human survival, and has very little to do with the acephalic panic reaction that is classified as herd instinct in common parlance.
So, let's call things by their names.
1- Herd instinct in this "understanding is submission to authority arguments . Which is improper of a scientist
2- Legal fragility is "wrong/false cause". Which is also unbecoming of a human being, let alone of a scientist
3- Copying is the refusal of recognition of work - thieving them of recognition of fraternity. Obscuring the life of a peer is very bad behaviour for any human, for an educated person, it is unforgivable.
The problem is that there is a very fine line between what is invented and discovered and what is the common inheritance of all humans. That is the reason why many scientists refuse or neglect to patent or claim ownership of their discovery. Not the lesser ones, either, like Salk, Einstein, Leibnitz, Newton, Poincaré, Galileo and many others.
It is they who created the spiritual link with the people, the link that has protected scientists from the judicial, the tyranny, the ideological repression of science.
It was the error of seeking to patent and claim ownership of what should be gifted back to humanity that has created the distance that is widening between scientists and the public. After all, isn't it the taxpayer ignoramus who funded the primary education system, the university, the regulators that attribute ownership? The ones who express the needs that are met by innovation?
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I'm studying the rights and liabilities of controlling shareholders in brazilian's company law. For better understandment of the criteria and requirements to find guilty an controlling shareholder on abuse of right we have really poor jurisprudence production in Brazil, so that I'm looking for others jurisprudence systems that may help to understand how do apply concrete methods to analyze controlling shareholder abuse of right.
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On corporate liability in Spain, consult arts. 31 bis-quinquies CrimC and the judgment of the Supreme Court (Criminal Chamber) n. 154/2016, of February 29
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I'm looking for documents that talk about the conditions of Google Inc. employees. In particular i'm searching about the labour legislation that Google Inc. must observe and if there is any kind of collective agreement between Google Inc. and his employees.
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I'm assuming you've done the standard :google search! Arguably they would be required to abide by the laws relating to employment in the country in which the employment contract listed as the relevant domain. I don't believe there is any "collective" agreement... see https://www.google.com/about/careers/how-we-hire/
Send them an email! Nothing like a direct question to the entity you are researching ;-) Good luck
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I would like to know if you have any information about different legal arrangements in which different countries deal with vexatious litigation?
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thank you all very much.  all your  answers and the links attached were very helpful and i used it all for my research.  thank you
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In an era where the environment plays a vital role in deciding the human life consequent to the unsympathetic treatment delivered by the human themselves to the Mother Nature where the poorer have become the direct victims of the adverse aftermath-specially the bad health, it is very crucial to impose a strict control over the frantic human activities to safeguard the rights of the feeble. In a way, protecting the right to a healthy environment of the mankind – who is a part of the environment –is protecting the environment itself. In as much as the courtesy of protecting the rights of human beings are concerned the recognition to the same under the Constitution is very much important as the Constitution is the supreme law of the country and the core of the legislation. Hence it is vital to inquire how a Constitution of a country be the voice of the voiceless.
 In this backdrop,Is it prudent to include the right to a healthy environment in the fundamental rights chapter or the duty impose on the government under the directive principles of the Constitution to protect the environment is adequate in protecting the same?
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The Constitution does not safeguard the health of the people.  It safeguards the individual alienable rights guaranteed to us by the founding fathers such as the right to freedom of speech.  Congress regulates the environment but through the EPA which is an organization that lobbies the congress for laws that control activities of human behavior.  I would say that the protection of the environment is not a right, especially for the poor and it is definitely not covered by the constitution.  The right to a healthy environment can be taken up by your average citizen to make the difference and get laws passed to protect the vulnerable.
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I am particularly interested on European Football legislation, FIFA and UEFA rules as well.  
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For general information on sports and entertainment law, you could check out FindLaw.
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In FIDIC,there is a DAB to solve dispute before lawsuit  and arbitration.Just like  ad hoc arbitration is one of atbitration ways,there may be a large difiniation concept  to discribe  it.DAB‘s procedure is kind of like arbitration but its  judgement is not support by force,while arbitration is supported by force and once is it decided,one cannot go for lawsuit help?
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I'll be another vote for mediation.  In our appellate court, cases come to us where they have already been decided at the trial level, whether as a matter of law by the judge, or as the result of a trial where evidence was taken. One might think that having an adjudicated "winner" and "loser" would tend to make the parties' positions more entrenched, and the parties less likely to change their views--particularly the "winners"  However, we do have a mediation office, to which we refer many cases which, in the judgment of our staff attorneys and judges are perhaps not so clear-cut.  Our mediator (whose surname is really Rambo) successfully mediates settlements about 40% of the time he is given a case, to the tune of perhaps 40 a year (our total caseload is about 900).  This is a significant achievement by an exceptionally gifted mediator, but demonstrates that even in situations where the legal posture of a dispute is more solidly established than before it would get to court, mediation can be an extremely successful way of bringing parties together to see a collaborative solution to difficult problems.
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what guidelines are used if any by child protective service workers that taking children from parent who has drug addiction issues outweighs keeping the family together and offering parents help
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In my experience, it's extremely rare that substance use is a concern in isolation within a child protection context. If it is one of those rare cases, then it comes down to the parents' capacity to provide care and protection to the child. In other cases, where there are a multitude of concerns across the spectrum, it's about the level of risk to the child. 
In my practice, while we are required as statutory investigators to complete SDM tools, I prefer to detail in both case discussion meetings and reports why it is or isn't a risk. It's really a case-by-case decision and (at least in Queensland, where most of my experience is) reforms involving advice from front-line staff are reflecting this preference. 
I've attached a copy of the Communities' practice paper on engaging with families where substance use is a concern. Keep in mind that this was written in 2007 and that the reforms of approaches to child protection are underway in Queensland at the moment. 
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Im trying to develop a tool-kit for the courts for adjudicating climate change justice.
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Good morning - Here's a link to a recent judgment in the Netherlands (June 24 2015) where the court found that the State must do more to protect its citizens against the risks that accompany climate change.
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which they are the cases and judgments
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Sorry, but I do not understand the question. I have never heard of "7 pronouncements of US Courts on Constitutional reform". 
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In my law practice, I prepare advance directives such as living wills for clients who are suffering from mild dementia. Legally, they are deemed competent to make end-of-life decisions about whether heroic measures should be taken to preserve their lives if they are in a vegetative state. I have also prepared living wills for clients who were in such advanced stages of painful debilitating diseases that they were heavily medicated during the time we discussed the details of their living wills (tube feeding, hydration etc.). Yet, these clients were also deemed legally competent to make decisions about refusing aggressive medical treatment in their final days. Such is not the case with people who have mental health conditions. They may be forced to take antipsychotic drugs despite the fact that these drugs are known to have adverse side effects.
Mental Health America has come out in opposition to treating mental health conditions differently from other disabilities:
“For years, persons with mental health conditions have been combating the centuries-old stereotype that they are not competent enough to make their own decisions, or to be in charge of their own mental health care. Today, we know otherwise, that persons with mental health conditions are not only capable of making their own decisions regarding their care, but that mental health treatment and services can only be effective when the consumer embraces it, not when it is coercive and involuntary. …
“The most common type of involuntary mental health treatment is court-ordered commitment to an inpatient mental health facility. However, involuntary treatment also includes involuntary medication or other treatments including electro-convulsive therapy, whether court-ordered or imposed by mental health professionals…. While MHA recognizes that involuntary treatment may sometimes be necessary, we do not support the use of involuntary outpatient treatment.” http://www.nmha.org/go/position-statements/p-36
What are your views in this subject?
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I might insert consideration of the dialogue between Russell Ackoff and Daniel Greenberg in Greenberg, D., & Ackoff, R. L. (2011). Ethics and morality—A dialogue. Systems Research and Behavioral Science, 28, 3-14. doi: 10.1002/sres.1008 to spice up this cogent argument.
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I am carrying a research on shareholders' rights - how to protect them and empower their rights? 
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Shareholder Derivative Suit
Definition
A shareholder derivative suit is a lawsuit brought by a shareholder on behalf of a corporation. Generally, a shareholder can only sue on behalf of a corporation when the corporation has a valid cause of action, but has refused to use it.  This often happens when the defendant in the suit is someone close to the company, like a director or a corporate officer.  If the suit is successful, the proceeds go to the corporation, not to the shareholder who brought the suit.  
Also an article from the Journal of Corporate Law
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case law as authority would be usefull in this regard. i would appreciate a case of reviwe where the attorney was allowed advocates' fees for representing a client in the high court
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In our jurisdiction, a client's attorney is also/always his/her advocate.
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Bankruptcy as a civil institution for the settlement of debts between creditors and debtors, the public interest should not be positioned as a goal to be achieved. but on the other hand the processes and mechanisms of bankruptcy tends to be "repressive" can indirectly harm the public interest. Here the state took a role in keeping the public interest with limiting or even eliminate the rights of the creditors or the debtor in bankruptcy. While we know that the state was not free from the influence of various interests in particular of the interests of capital owners.
So we need clear yardstick in incorporating consideration of the public interest in bankruptcy to provide a balanced protection of the interests of the public and private interests.
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Being a citizen of a country that in essence has defaulted, my response focuses on the macro-level of national economies.  I would say public interest  turns into a goal to be achieved in bankruptcy --and urgently--when despite all debt restructuring and austerity measures, an economy with its inherent sociocultural characteristics does not react in a formulaic way (contraction of debt, boost in productivity and development, lowering of unemployment), but instead goes deeper into recession following a downward spiral.  There are no one-size-fits all models despite the disciplinary crescento of neoliberalism evangelists; each country has its own particular features and indicators which dictate the need for a custom made model of consolidation and return to growth.  So the yardstick would be an assessment/diagnostic tool that needs to be developed and applied to national economies, with different scales and ratings that would depict in great accuracy the characteristics and the dynamics of each particular economy/society, and would serve as the springboard for the development of a unique strategy that can realistically produce results.
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The doctrine of unconstitutionality is about how the court will decide a contract term being enforceable or not in case one party of the contract has more power than the other. This doctrine is well acknowledged in Common Law. There are many recognition of law relating to one-sided contract in Civil Law. But I am not sure of the official terminologies. Please advise me the theory or any studies relating. Many thanks.   
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Are you sure you mean "unconstitutionality" or do you mean "unconscionable" contracts? A contract that is unconsitutional would be against some specific section of some specific constitution. For example in the United States Constitution, Article 1, Section 10 it is unconstitutional for States to "impair the obligation of Contracts" fundamentally meaning the state legislature cannot pass a law nullify an existing contract. There are some contracts that might be unconstitutional because of some type of preemption, that is some government only has the power to regulate in a certain area and the private sector cannot do so. In the US contract law is not usually a matter of constitutional law.
On the other hand, the concept of "unconscionable" contracts, which seems to me what you are talking about, is developed in the common law. It is the idea that the court will not enforce a contract that is so unfair or one sided a reasonable judge cannot sleep at night if he/she enforces it. 
As with many studies looking at the effects of laws, you should talk to some economists, particularly those who study law and economics. The field of law and economics looks at this type of thing.
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However, in the State of New York  the Grand Jury is required to charge a crim by the US Constitution 5th amendment and the Constitution of the state. Does the 5th amendment apply to all the states or only some states?
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I agree with Jim's answer. The only thing I would add is that the 5th Amendment only applies to the Federal Government. With respect to the state and local governments, the Bill of Rights is applicable through the 14th Amendment. The only exception is the right to grand jury indictment. However, many states have included this right in their own individual State Constitutions. Those that have not provide for a preliminary hearing before a judge. Thus, it is important to look at State law as well as federal Law.
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The right to health has the justiciability in some countries' constitutions while does not have in other countries. Why does it have the different choice?
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The scope: Everyone has the 'right to the highest attainable standard of physical and mental health, which includes access to all medical services, sanitation, adequate food, decent housing, healthy working conditions, and a clean environment.'  (Please have a look at this link for more details.  I think that, at least on paper, every country respects the right to health.)
The Human Right to Health is protected in:
Article 25 of the Universal Declaration of Human Rights
Articel 12 of the International Covenant on Economic, Social and Cultural Rights
Article 24 of the Convention on the Rights of the Child
Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination
Articles 12 & 14 of the Convention on the Elimination of All Forms of Discrimination Against Women
Article XI (11) of the American Declaration on Rights and Duties of Man
Article 25 of the Convention on the Rights of Persons with Disabilities
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I am researching the impact of the constitutional right to equality on freedom of testation in South African law and have come across an argument in case law that freedom of testation in South Africa enjoys constitutional protection under the right to property in section 25 of the 1996 Constitution.  No South African court has expressed a firm view on this argument so I am therefore looking for journal articles devoted to this issue.  Thank you.
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hope you find this useful:
  The Gendered Dimensions of Inheritance: Empirical Food for Legal Thought
Hacker, Daphna
JOURNAL OF EMPIRICAL LEGAL STUDIES  Volume: 7   Issue: 2   Pages: 322-354   Published: JUN 2010
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Each country has a peculiar system of election of Constitutional Court judges and every one of these models has its weaknesses. Procedure for the election of constitutional judges is considered to be one of the guarantees of their independence. Even more interesting is the question of the conditions that candidates for judges of the Constitutional Court must meet in order to be appointed.
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In Spain: 
"
Composition and organisation
The Spanish Constitutional Court is made up of twelve members appointed by H.M the King of Spain; of these, four are proposed by the Congress on the basis of a qualified majority of three fifths of its members; four are put forward by the Senate, with the same majority; two by the Government; and two by the General Council of the Judiciary (Art. 159.1 of the Spanish Constitution (CE)).
Judges of the Constitutional Court are chosen by constitutional mandate amongst renowned legal experts, performing their duties with independence. They may not be removed from office. Their appointment is for a period of nine years and once such term elapses they may not be re-elected for a subsequent term- without the possibility of immediate re-election, unless they have held office for less than three years-, without the law having established any age limit. In order to ensure continuity of the Court’s operations, it is renewed by thirds every three years (Art. 159.3 CE).
The Plenary Meeting of the Court elects a President from amongst its members by ballot; he is appointed by the King for a three-year term, and may be re-elected just once (Art. 160 CE and Art. 9 of the Public General Act of the Constitutional Court (LOTC)). This same procedure is also used to elect the Vice-President of the Court, likewise for a three-year term (Art. 9.4 LOTC).
The Plenary Meeting of the Constitutional Court comprises twelve senior judges and is chaired by the Court President. He is in charge of all proceedings within the Constitutional Court’s jurisdiction, although appeals for the protection of constitutional rights (“recursos de amparo”) are only examined under reach-down jurisdiction, given that these remedies are in principle entrusted to the Divisions
There are two chambers in the Constitutional Court, the First Chamber is chaired by the Court President, whereas the Vice-President presides over the Second Chamber. Each Chamber, in turn, is broken down into two Sections, with three Judges in each of them. These Sections basically operate at the initial stages of any proceedings examined by the Court, deciding on the admissibility of appeals. All resolutions adopted by the Plenary Meeting, Chambers and Sections require the attendance of two thirds of their incumbent judges.
The Court has a General Secretariat, under the supervision of a Senior Legal Counsel, who is the head of all the constitutional legal counsellors employed by the Constitutional Court. "
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In Bolivia ratified ILO Convention 169 on indigenous and tribal peoples. In this regard it is necessary to protect the environment of those communities or injury to any environmental impacts that logically should be compensated if there is some damage affecting the diffuse interests of its members.
When budgets are studied civil liability as wrongfulness, attribution factors (subjective or objective), injury and causation in that respect What circumstances or legislation should take into account the judge for proper qualification and quantification?
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The ILO was started in 1919. I read two paragraphs (About 45–50 million new jobs will be needed each year over the next ten years just to keep up with the growth of the world’s working-age population and reduce the unemployment caused by the crisis. At the same time, a wave of technological innovation is altering the capacity of modern manufacturing and service activities to generate jobs. Widening inequalities in income and opportunity within and across countries are weakening the social and political fabric of our societies, fuelling a downward cycle of economic, political and social uncertainty.
Climate change mitigation and adaptation also will entail a process of structural change towards the use of renewable energies, climate-friendly technologies and more sustainable modes of production and consumption. In this process, there will be losers and winners in employment and livelihoods, with already vulnerable populations at greatest risk. New market opportunities will arise from the promotion of sustainable development, leading to new jobs and incomes, but in the losing sectors, adjustment costs and resistance will be high if alternative jobs are scarce).
Tell me how technology decreases income when it should only decrease production time, if the purpose of ILO is true.  Is there an underlying agenda, say greed, profit? 
 Qualify according to the tribal peoples or the loop hole rule of compensation? Quantify compensation or restitution?  Compensation is usually decided before the fact.  Restitution is usually an argument after the fact.  Both are intentional (simply ask, "Was it done by accident?").  Here you are asking should it be done (what, why, where, when, how, etc.) and at what lost to who.  In all actions, you are looking for justifications for wrong doing (doing it the wrong way)! Ask the American Indian or the American Negro Slave. 
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Public opinion is the sum of individual opinions, that interconnect in various ways using the tools of communication: in this way each person becomes maker of the decisions of those who represent them.
According to Professor Luciana Giacheri Fossati the concept of public opinion can be used to denote the set of ideas that a particular human agglomeration (city, nation, group of nations) feels right and true at a given time; it is the set of people which make up the community judging the facts that happen, based on the cultural, social, religious and economic references. It is an expression that refers, therefore, to a complex and ambivalent concept and that, according to the contexts, can vary and assume different meanings and senses.
The theme of the relationship between the public and private spheres, with all its implications as the crux of the relationship between morality and politics, from that moment begins to take on a central role. One of the first thoughts dates back to the English philosopher J. Locke. In his ‘Essay on human intelligence’,  he attributed to public opinion a control function of society, establishing a clear distinction between the moral law, expressed by the classes, and the civil law, issue of political power, distinction then picked up by I. Kant, who stressed on the public use of reason in all fields.
In 1922 the American sociologist W. Lippmann published the essay ‘Public opinion’, in which he examined the relationship established in advanced societies between a public becoming increasingly differentiated and the media. In this regard he noted that necessarily "what the individual does is based not on direct and confident knowledge , but on images that he forms or he is given."
The pioneering work of Lippmann was then taken up in the sixties by Habermas, a member of the Frankfurt School, in a context strongly characterized by increasing dynamic competition of the media. In his work, ‘Structural Transformation of the Public’ (1962), Habermas analyzes the transformation of the public sphere, from the point of view of the welfare state and changes in the structures of communication, under the influence of the media (press, radio, cinema and television). Habermas examined the transformation  in advanced industrial societies of the boundary between public and private spheres which tends increasingly to thin, while the public more and more loses its democratic value because of the continuous influence of the media.
Kant, laid stress, in particular, on the public space in which people make public use of their private reason against the absolutist power becoming the necessary condition of a rationalization policy in the name of morality.
The work of demystification of public opinion that will take place starting from the late nineteenth century, is considered generally prepared by authors such as Tocqueville and J.S.Mill. If the power gained by the public represented for the Enlightenment thinkers the end of the reign of coercion and violence and the advent of government by means of argument and persuasion, to Tocqueville and Mill, the domination of general opinion has its specific coercive force. To say that it now rules the world is equivalent to saying that the mass and general mediocrity exerts a constant moral violence on minorities.
From an instrument of emancipation, public opinion, no longer an emanation of the public of private educated of the eighteenth century, but of an amorphous and undifferentiated mass, seems to become an instrument of integration rather than criticism.
To mark the beginning of the process of degeneration of the public sphere is, according to Habermas, the transformation of civil society intervened in the late nineteenth century with the decline of the autonomy of the social thrust of state intervention, requested by the entrance of the mass in the political activity and by a new phase of capitalist development. With the invasion of society by the administrative state, the relationships between public and private will reshape, with phenomena such as the publicizing of privacy and the privatization of the public domain. A further boost to the degradation of the latter, starting in the same period, is the gradual subjugation of the press and publishing laws of a mass market, which is reflected in the general lowering of the cultural level of the newspapers and periodicals, and the trend towards de-politicization of the messages they conveyed.
However, are the social sciences in the late nineteenth and early twentieth century which attack harder against the eighteenth-century concept of public opinion. The social psychology of Sighele, Tarde, Le Bon, McDougall, the behaviorism of Watson and the analysis of democracy by authors such as Bryce and Ostrogorsky combine to redefine the limits of democratic governments just starting from the difficulty of keeping the idea of a public opinion, critical or illuminated.
Among these protagonists of the social sciences in the late nineteenth century, a special place in the history of the concept of public opinion is certainly recognized to Tarde. Breaking away from what was the then prevailing scientific orientation, Tarde will be the first to distinguish the phenomenon of the crowd from the public and identify in the latter the true protagonist of the story take place, and reconnecting the power and the expansion to the spread increasingly universal of the press. The assessment of the phenomenon is interesting for the ambivalence that he tends to emphasize: on the one hand, he tracks in the public the same mechanisms of imitation and suggestion active in the crowds, on the other he will highlight the character more thoughtful and fragmented because anyone can be a member simultaneously of a multiplicity of classes. For these aspects the audience is, in the eyes of Tarde, a form of sociality more evolved than the crowd: it  is its character of intellectual phenomenon to make room for an evaluation not necessarily negative.
If the discredit of public opinion is, in part, due to the confidence in scientific knowledge, some of the contemporary attempts to re-evaluate the space of the feasible are certainly due to the difficulties in which we find the scientific language when it comes to addressing issues that are linked in particular to the beginning and end of life. Scientific language shows in these areas, and, more generally, in the political sphere, a lack of power in communication. It tends, in fact, to hide, and sometimes to deny, that the scientific practices involve choices of value. The program of a dialogue between experts and the public, between the demands of critical instance and the strength of beliefs, has found some form of construction with the creation of bioethics committees and associative movements challenging in the context of ecology.
Although the role of ethics committees remains controversial, the communication model to which they are based is that of a public space that involves an equal comparison between ordinary knowledge, resulting from the experience and knowledge of various kinds, even of a humanistic nature.
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In the US, and I am sure elsewhere, we have seen a steady transfer of what was once considered only unethical into the realm of illegal. For example, today, anything that a jury thinks is "unreasonable" can subject the actor to liability. I believe this is due to the increased role the population plays in the political process. I teach my students that "everything you think is merely unethical is probably actually illegal." I do tell them this statement is not true 100% of the time but then again...is anything in these areas of law and ethics?
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differences in regulatory systems ( common law and civil law ) and adherence to systems SOP may have effects on the levels of remuneration of the CEO?
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as i know, common law countries have strong enforcement therefore activism might play a role but in civil law countries the enforcement of corporate governance is quite low and thus activism may not play a role
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The defendant was 16 years old and was doing graffiti and was also charged with possession of tobacco. The defendant had been diagnosed with fetal alcohol syndrome.
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The following articles may be of interest:
Mela, M., & Luther, G. (2013). Fetal alcohol spectrum disorder: Can diminished responsibility diminish criminal behaviour? International Journal of Law and Psychiatry, 36(1), 46-54. doi:10.1016/j.ijlp.2012.11.007
Case studies included in citing below.
Wartnik, A. P., & Carlson, S. S. (2011). A judicial perspective on Issues Impacting the trial courts related to fetal alcohol spectrum disorders. The Journal of Psychiatry & Law, 39(1), 73-119. doi:10.1177/009318531103900104
Empirical quantitative study included in citing below.
Stinson, J. D. (2014). Characteristics of people with intellectual disabilities in a secure U.S. forensic hospital. Journal of Mental Health Research in Intellectual Disabilities, 7(4), 337-337. doi:10.1080/19315864.2014.930549
I hope these are of value to your research!
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I would like to have a comparative idea of how is the situación in the different EU Member States. It will be interesting to have different perspectives of how useful can it be the criminalization of cartels in Competición Law. 
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This is  a brief paper for Veronica Pinotti and Martino S. gives you an idea where anti-trust is considered a crime in EU.
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Gender studies and advocacy have been understood to proceed from the premise that women and girls are victimized by various forms of discrimination which adversely affect their individual and collective development and depreciate their societal value. Therefore gender advocates seek to correct the imbalances. The question is: where both boys and girls suffer similar abuses, how should gender advocacy be adjusted to accommodate all interests?
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I believe the fundamental premise behind gender studies (and anything that flows from there) is recognition of the differentiated burdens and benefits placed on different genders. While one could argue who suffers greater burdens but I think men suffer in different ways from patriarchy and enjoy a different set of benefits as opposed to women/girls; and unless this fact is acknowledged I suppose problem resolution and/or transitioning towards equity is difficult (whether we choose to refer to it as gender equity/feminism/substantive equality and so on). Even in respect to the specific burdens women shoulder, integration of men into the dialogue is imperative (for the flows take place men and women) and along with it a dialogue on the burdens men shoulder is also imperative (such as, the great burden of being masculine at all times/ repression of display of emotions, inherent expectations to be the bread winner and so on). Also, so many issues affect both men and women, say CSA, and in some ways the burden on boys is greater for in many cultures it is unacceptable for boys/men to talk about sexual abuse. I think it is only ethical to do so, I believe this shall also make both groups more sensitive and open to examining how gender plays out in their lives/community.
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In an addendum to a charter party contract the charterer was replaced with a third person. In the first clause parties agreed on this  "replacement". In the second and third clauses they agreed on transferring " liabilities" and " responsibilities" but there is no agreement on " rights" in the document. Does the word replacement convey the meaning of transferring rights as well? 
Thank you. 
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The solution is not legal but an honest appraisal of the objective and how to achieve it. Maybe counseling on taking responsibility for oneself. Value oriented camps, that introduce you to social service, open your eyes to real needs could help.
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In a contract parties agreed on "replacement" of A ( a party to the original contract )with B in contract X(the original contract). Does this word "replace " give the meaning of assignment of the rights? The original contract is a charter party and governed by English Law.
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I cannot opine on U.K. law.
In most U.S. states (contract law is under 51 state laws, there is no such thing a "U.S. contract law"), the usual rule is that a contract can be assigned. To remove any ambiguity, most American contracts state "this contract is binding on successors and assigns," to make clear that the contract can be assigned.
One exception is if the performance is somehow personal to the party (for example, one opera singer cannot unilaterally ask a friend to fill in).
A second exception is if there is a "no assignment" or "no assignment without consent of the other party" clause.
If there's a history of C accepting performance from B, then it's going to be hard for C to argue that now that C has breached, that B cannot enforce rights attached thereto.  However, if C refused performance from B right at the outset, then C might have a case.
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I will work on Pakistan and South Korea cases
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Culture undoubtedly plays a major role.  Both the Middle East and Korea have patriarchal societies that are collective societies:  the needs of the community are greater than the needs of the individualism.
I believe the answer to the issue of women's rights lies in this:  advocates demand too much too quickly, before the women who live there really know what they want, and they try to impose top down solutions.
In Britain and the United States, women's rights (suffragette) movements took decades to gain any traction.  In the United States, the women's rights movement had to take a back seat to the anti-slavery movement; women waited over sixty years before they finally made any real gains by gaining the Constitutional right to vote.  Gender bias was still a major part of society for decades after that, and women still struggle to break the glass ceiling.
In Saudi Arabia, women finally have the right to vote.  They're trying to get the right to drive.  Women's rights activists have two things going for them:  they're not demanding too much too soon (they understand they have to placate entrenched patriarchal interests disguised as religion), and their King wants reform.
If the King did not want reform, it would not happen at all.
In South Korea, rapid industrialization and increases in social wealth and prestige for the society have created a lot of opportunities for women, and the society has imitated how Japan benefited from women in the work place.  However gender roles are still strongly entrenched, in spite of more equal rights on paper.
In Pakistan, the issues are complicated by years of regional conflict under the guise of religious conflict.  The Pakistani Taliban has taken a page from the Afghanistan Taliban and liberally uses terror to keep women in pre-defined roles.  Even the heroism of Malala hasn't done much to change that.  Women and girls are killed or maimed frequently, especially in the loosely governed tribal areas along the Afghan border.  There won't be a solution in Pakistan until the government abandons its obsession with India and resolves to govern effectively throughout the entire country.
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At present, the UK is out of step with Europe as one of only five EU countries (along with Cyprus, Malta, Romania and Ireland) that does not operate some form of strict liability regime for vulnerable road users. Strict liability is already established in other areas of UK law. As a consequence, our current system expects those injured or the families of those killed to go through an often harsh and protracted process to gain much needed treatment, care or compensation. On the Continent, strict liability regimes are seen as an integral factor of cycle safety and Scotland has the power to introduce this principle into civil law to demonstrate its credentials as a civilised, cycle-friendly nation. It is no coincidence that countries operating a Strict liability regime in Civil Law are often those with safer roads for vulnerable road users.
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We have a trend of cyclist fatalities per billion kilometres cycled in the Netherlands. The fatality risk has been gradually decreasing. Strict liability was introduced in the Netherlands in 1990. There is a debate about the effect: http://bicycledutch.wordpress.com/2013/02/21/strict-liability-in-the-netherlands/
The data do not show an additional decrease around 1990 after the law was introduced. Nevertheless, I agree with this policy. Cycling has many advantages and is something governments want to encourage. And to quote the above referred website: “Strict liability tries to be a fair answer to the inequity in the consequences of a crash”.
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Scope = causation and duty of care.
perhaps BDML50 would be more useful
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Recently I had the privilege to take part in a WHO/IPCS working group which devised a guidance document on "Evaluating and expressing uncertainty in hazard characterization" (see link to pre-published version, final publication pending). Although written from a scientific perspective you might find a lot of your questions addressed there, including probabilistic aspects and a rationalization of individual- vs. population-level effects.
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I am working on the subject of how Italian private law was used as a model for drafting legislation in other European countries.
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The inter-war Romanian commercial law doctrine was clearly influenced by Italian Law (the most eminent commercial law doctrinaires studied in Italy or Italian law), up to a point the draft of the 1940 civil code (so called "Carol Code", never to enter into force), the new Romanian code is also influenced (via transplants) by the Italian civil code.
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Digital inheritance is the process of handing over (personal) digital assets (such as email, facebook, twitter, paypal, ebay, blogs, and ResearchGate accounts) to (human) beneficiaries. What do you think about the possible solutions to organise such inheritance?
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Just giving it some thought without any real research, could they not be dealt with by viewing them as one views a deceased's Facebook page, applying the lens of the privacy law concept 'the right to be forgotten'? Any passwords known, if any at all, could be gathered (or just kept initially) with the individuals lawyer, and then the accounts deactivated and purged.
Allowing a trustee/lawyer to preform this duty would also allow for the recovery of digital-only documents which were in the deceased's inbox.
Just some thoughts, interesting question though!
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Precisely how have the media and other forces reform literally defined the terms of "tort reform"? Why is the ability to file civil lawsuits not seen as a right which, if severely limited or rescinded, would leave corporations physicians, hospitals, and other important public institutions virtually immune from legal responsibility for acts of negligence?
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Thank you. Very thoughtful and on-point analysis. I agree. There will be no -- and can be no -- simple solution. What I see as the most practical approach involves not changing the law but rather making very attempt to reduce the act of malpractice. Such attempts would identify physicians who may be prone to sexually abusing patients (this is a key component of the project I'm working on that intersects tort reform), physicians hampered by addictions and/or emotional difficulties, minimizing avoidable stressors, etc. Malpractice that results from "random" human error (differentiating true error from abject negligence is obviously not always so simple) will of course always occur. I agree that tort reform on a massive scale is as likely as true healthcare reform. I don't think the solution lies in the political or legal arena but rather the places where physicians practice and the relative health of those physicians hearts and minds. I thinking that it's possible to begin with the physician as the "problem" but in such a way that benefits the physician and patient. As to patients, there will always be hollow claims just as there will always be cases of abject and utterly-avoidable malpractice and abuse. Minimizing hollow claims that make it to court is of course necessary. Unfortunately, "tort reform," like "taking personality," is often code language for a no-fault policy that applies the most to those financially well positioned and the least to those with little to no financial standing. As well, it can lead to "insurance company attorneys" virtually seizing control of state supreme courts, which happened in my state of Michigan.
Thank you for your input. As said, well-stated and I will keep your points in mind.
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I am writing an article about the comparison of the regulations of the french référé procedure (in english: summary interlocutory proceedings) and the Hungarian small claims proceedings. The only thing that I can not find is in which cases the french people like to turn to the president of the court to initiate a référé proceding. In Hungary these procedings are initiated in the case of a claim under 1 milion HUF (approximately: 4761$ or 3000 euros). Is there a limit in the french system like in the Hungarian?
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Thank You Moslem! :)
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We have laws in some Australian states but I'm interested in what is happening in other countries/states/provinces.
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Постановление Верховного Суда РФ от 23.09.2013 N 80-АД13-4
Требование: Об отмене постановления о привлечении к ответственности, предусмотренной частью 2.1 статьи 14.16 КоАП РФ за розничную продажу несовершеннолетнему алкогольной продукции.
Решение: Производство по делу прекращено на основании пункта 6 части 1 статьи 24.5 КоАП РФ в связи с истечением срока давности привлечения к административной ответственности.
ВЕРХОВНЫЙ СУД РОССИЙСКОЙ ФЕДЕРАЦИИ
ПОСТАНОВЛЕНИЕ
от 23 сентября 2013 г. N 80-АД13-4
Судья Верховного Суда Российской Федерации Меркулов В.П., рассмотрев надзорную жалобу Наумовой Л.И. на постановление мирового судьи судебного участка N 2 Барышского административного района Ульяновской области от 25 февраля 2013 г., решение судьи Барышского городского суда Ульяновской области от 2 апреля 2013 г. и постановление заместителя председателя Ульяновского областного суда от 15 мая 2013 г., вынесенные в отношении Наумовой Л.И. по делу об административном правонарушении, предусмотренном частью 2.1 статьи 14.16 Кодекса Российской Федерации об административных правонарушениях,
установил:
постановлением мирового судьи судебного участка N 2 Барышского административного района Ульяновской области от 25 февраля 2013 г., оставленным без изменения решением судьи Барышского городского суда Ульяновской области от 2 апреля 2013 г. и постановлением заместителя председателя Ульяновского областного суда от 15 мая 2013 г., Наумова Л.И. признана виновной в совершении административного правонарушения, предусмотренного частью 2.1 статьи 14.16 Кодекса Российской Федерации об административных правонарушениях, и подвергнута административному наказанию в виде административного штрафа в размере 3 000 рублей.
В надзорной жалобе, поданной в Верховный Суд Российской Федерации, Наумова Л.И. просит отменить постановление мирового судьи судебного участка N 2 Барышского административного района Ульяновской области от 25 февраля 2013 г., решение судьи Барышского городского суда Ульяновской области от 2 апреля 2013 г. и постановление заместителя председателя Ульяновского областного суда от 15 мая 2013 г., вынесенные в отношении нее по делу об административно правонарушении, предусмотренном частью 2.1 статьи 14.16 Кодекса Российской Федерации об административных правонарушениях, считая их незаконными.
Изучение материалов дела об административном правонарушении и доводов жалобы Наумовой Л.И. свидетельствует о наличии оснований для удовлетворения данной жалобы.
В соответствии с частью 2.1 статьи 14.16 Кодекса Российской Федерации об административных правонарушениях (в редакции Федерального закона от 21 июля 2011 г. N 253-ФЗ) розничная продажа несовершеннолетнему алкогольной продукции, если это действие не содержит уголовно наказуемого деяния, влечет наложение административного штрафа на граждан в размере от 3000 до 5000 рублей; на должностных лиц - от 10 000 до 20 000 рублей; на юридических лиц - от 80 000 до 100 000 рублей.
Как усматривается из материалов дела, 13 ноября 2012 г. в 16 часов 25 минут Наумова Л.И., работающая продавцом у <...> П. в магазине, расположенном по адресу: Ульяновская область, Барышский район, <...>, реализовала алкогольную продукцию - одну бутылку пива "Большая кружка" объемом 1,5 литра с содержанием этилового спирта 4% несовершеннолетнему М.
В соответствии с частью 1 статьи 4.5 Кодекса Российской Федерации об административных правонарушениях срок давности привлечения к административной ответственности за совершение административного правонарушения, предусмотренного частью 2.1 статьи 14.16 Кодекса Российской Федерации об административных правонарушениях, составляет два месяца, а в случае рассмотрения дела судьей - три месяца.
Обстоятельства, явившиеся основанием для привлечения Наумовой Л.И. к административной ответственности, имели место 13 ноября 2012 г. Следовательно, по данному делу об административном правонарушении срок давности привлечения ее к административной ответственности истек 13 февраля 2013 г.
Таким образом, постановление мирового судьи судебного участка N 2 Барышского административного район Ульяновской области от 25 февраля 2013 г. было вынесено за пределами срока давности привлечения Наумовой Л.И. к административной ответственности.
Из системного толкования части 1 статьи 4.5, пункта 6 части 1 статьи 24.5 Кодекса Российской Федерации об административных правонарушениях следует, что истечение срока давности привлечения к административной ответственности является обстоятельством, исключающим производство по делу об административном правонарушении.
При таких обстоятельствах постановление мирового судьи судебного участка N 2 Барышского административного района Ульяновской области от 25 февраля 2013 г., решение судьи Барышского городского суда Ульяновской области от 2 апреля 2013 г. и постановление заместителя председателя Ульяновского областного суда от 15 мая 2013 г., вынесенные в отношении Наумовой Л.И. по делу об административно правонарушении, предусмотренном частью 2.1 статьи 14.16 Кодекса Российской Федерации об административных правонарушениях, подлежат отмене, а производство по делу об административном правонарушении - прекращению на основании пункта 6 части 1 статьи 24.5 Кодекса Российской Федерации об административных правонарушениях.
На основании изложенного, руководствуясь статьями 30.13 и 30.17 Кодекса Российской Федерации об административных правонарушениях, судья Верховного Суда Российской Федерации
постановил:
надзорную жалобу Наумовой Л.И. удовлетворить.
Постановление мирового судьи судебного участка N 2 Барышского административного района Ульяновской области от 25 февраля 2013 г., решение судьи Барышского городского суда Ульяновской области от 2 апреля 2013 г. и постановление заместителя председателя Ульяновского областного суда от 15 мая 2013 г., вынесенные в отношении Наумовой Л.И. по делу об административно правонарушении, предусмотренном частью 2.1 статьи 14.16 Кодекса Российской Федерации об административных правонарушениях, отменить.
Производство по делу об административном правонарушении прекратить на основании пункта 6 части 1 статьи 24.5 Кодекса Российской Федерации об административных правонарушениях.
Судья Верховного Суда
Российской Федерации
В.П.МЕРКУЛОВ
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More specifically in criminal prosecution.
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Under the U.S. statute called the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"; commonly called the federal Superfund law), there is an abundance of caselaw dealing with corporate veil piercing to reach a variety of actors, including officers, directors, employees, parent and subsidiary corporations, etc. As but only a few examples, see U.S. v Best Foods, 524 U.S. 51 (tests for determining liability of parent for subsidiary's conduct), Citizens Electric Corporation v Bituminous Fire & Marine Insurance Company, 68 F.3d 1016 (shareholder/corporate officer liability); Action Manufacturing Company, Inc v Simon Wrecking Company, 387 F.Supp.2d 439/Consolidated Edison Company of New York, Inc v UGI Utilities, Inc., 310 F.Supp.592 , affd/revd in part & remanded 423 F.3d 90 (corporate successor liability). Also, try www.google.com/scholar; then press the legal documents button under the search box; then in the box, type: "holding company", 107, liab!, "hazardous substance"
As to the question of pursuing a corporation criminally, there are cases in New York and at the federal level allowing same. The misconduct of senior/managerial officers of corporations is imputed to corporations; additionally, the misconduct of an individual on behalf of a corporation is still misconduct by that individual. See, as to both points, the seminal federal case, U.S. v Dotterweich, 320 U.S. 277: Google Scholar that case and its progeny, which should help you.
As for criminal liability of a parent corporation for its subsidiary's criminal misconduct or criminal liability of a holding company for the criminal misconduct of the company held, carefully read the criminal statute in question to see whether it allows for such vicarious liability. Perhaps the following case can provide you with some insight into this (which also can be found on Google Scholar): People v Byrne, 77 N.Y.2d 460.
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I know that they don't originate with the Uniform Law Commission. The New Mexico Legislature is considering extending immunity to damages caused by a dangerous condition on the land or in the facitilites that the operator knew or should have known about.
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I would suggest that you check out the Science and Technology Section of the American Bar Association. I am the co-chair of this section's Committee on the Rights and Responsibilities of Scientists and have seen a number of emails pertaining to space law; so I am fairly certain there will be resources within the section on the subject matter. In fact there is a committee on Space Law and you might start there for information and or people listed that may directly provide you the answers to your questions. Also I recall there have been some recent ABA articles/seminars which may touch on your question and even a book on the subject matter of Space Law. Hope this will help.
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Thanks a lot
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Thanks!!!
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