Questions related to Law and Legal Studies
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.
State secret is a constitutional limitation reason for freedom of expression in Turkey. So I am looking for the laws or procedural legal principles which are balancing state secrets and human rights. I am searching laws about state secret privilege or state secrecy procedures.
I've heard some talk about some people trying to get certain highly intelligent animals classified as nonhuman persons. (e.g. elephants, monkeys, orcas,). The primary intention of this action is that it would raise the consequences of abusing these animals as well as making them easier to protect.
I'm looking for both opinions and any factual information anyone may be able to offer. I'm particularly curious about the perspectives of people who have worked relatively extensively with highly intelligent animals, as well as those of people who have significant experience in animal testing.
I read somewhere that Ulema in British India agreed to Shafei provision of Khula which was not granted under Hanafi Law because Muslim women had started converting to Christianity to seek divorce. Does anyone know any source providing more information and evidence on this?
Most of the current laws within this sphere were designed before the rapid progress of digital agriculture and therefore they can be interpreted differently. Most of the farmers using benefits of digital agriculture are concerned about data use (or theft) since they are no ICT experts and the data can be used for various reasons. Is it really a data theft then, since some of that data could (and should?) be used by the local (of national) agriculture authorities to monitor the agricultural process or production of the farmer (in case of governmental incentives)? For what else can it be used in that case? What if the software is freeware as a part of the agricultural incentives for farmers? To what level the farmer should be informed about it since there is no possibility to guarantee what will happen with that data in practice?
How do you see the advancement of the law in this field? How do you assess the current situation? Let me know what do you think.
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,
Are the low rates of rearrest of pedophiles due to them being unlikely to offend again, or are they due to the fact that it's very unlikely to have victims of child sex abuse step forward?
We had a public defender come speak to my class again and she told us that sex offenders have an incredibly low rate of recidivism. However, I know that people who rape people, particularly people who rape children are remarkably likely to reoffend. I also know that there is no "cure" to pedophilia or to sexual sadism.
I was wondering if the "Low rates of recidivism" in pedophiles are due to actual lack of reoffending, or due to the fact that children are very unlikely report sexual abuse?
The penumbra doctrine has been decisive in cases such as Roe v. Wade and Obergefell v. Hodges.
I would be grateful for references on research or discription of paralegal practices in different countries. How do we define who is 'a paralegal'? What functions s/he performs? What are regulations (if any) for such activities? Is there any relations with professional social work and community development?
In China,rules are dicided into mandatory rules and non-mandatory ones.Besides,Chinese mandatory rules are next divided into valid mandatory rules and managerial mandatory rules. Contracts being out of valid mandatory rules must be ineffective,however,contracts being out of managerial mandatory rules may be ineffective,which depends on details.
So I wonder if there are same or familiar kinds of mandatory rules applied to public procurement contracts in European Union?
Thanks sooooooo much.
The Canadian Bill C-13: An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act was enforced on March 9, 2015. This law is "to protect “personal integrity” when it comes to sharing images and information online" (CTV news report)
I would like to know if anyone has any knowledge or recent articles concerning any cyberusers have been prosecuted under this anti-cyberbullying law in Canada so far? Are there any report on deficiencies of this law?
I am researching criteria which can be used to define the scope of the liability of a convicted person before the ICC. In particular, I am concerned with cases where the State omitted negligently to prevent those crimes whereby the person was convicted. So at the reparation stage before the ICC, is it possible to envisage an ICC order which considers the negligent State behaviour in establishing the amount to repair by who acted intentionally? In other words, can a negligent State behaviour reduce the amount to be repaired by who acted intentionally? So, assumed that it exists a concurrent liability, by negligence and intention, how can be defined the scope of the respective liability?
I am especially interested in the decisions of the high courts (supreme courts, constitutional courts) and their judicial reactions to the scope of application of the EU Charter of Fundamental Rights (national understanding and interpretation of the art. 51/1 of the Charter). Thanks a lot.
I am researching on the exploitation of minors for prostitution and I would like to know investigations, studies and cases in different countries. Also, I want to know the age of legality in some countries and the debate about the age limit for children prostitution.
Please explain the nature, significance and main features of the legal principle according to which an arbitral tribunal is entitled to rule on its own jurisdiction.
What are the pros and cons of this legal principle?
IF the public procurement contract has been enforced or performed a half, the"out "contractor charge there was a bribery in open bidding process,then is this public procurement contract is ineffective? Or <Restatement of contract> is applicable to public procurement contract?
The latest appointment to the Supreme Court of the United States Judge Neil Gorsuch has robustly criticised the use of courtrooms as a forum for social change. He states that this is bad for both democracy and for civil justice.
In view of the role of courts as interpreters of our laws, elected representatives as makers of our laws and our executive as those who implement them, the state of affairs we call the separation of powers does he have a point?
The 2001 UN Convention on the Assignment of Receivables in International Trade attempts to provide uniform rules for receivables financing in international business transactions. In the absence of a convention, the governing law would be national law. This gets messy in international transactions because seller and buyer are typically in different countries and the financing party may be in yet another country. Thus, it is not clear which rules apply to which part of the financing transaction and different national rules may be in conflict with each other. Some countries still restrict future receivables from serving as collateral for financing, other countries require specification and/or notification that is impractical in the reality of business.
The 2001 UN Convention provides both a measure of substantive law harmonization and conflict-of-law rules for other questions, i.e. it would regulate some aspects of receivables financing and tell us where to look for the answers to other issues. Unfortunately, it has so far been ratified only by Liberia and requires five ratifications to enter into force. Even if four more countries ratify and it does enter into force, it applies only if an assignment is made in a Contracting State (Article 1) and unless the EU MSs and the US ratify, this may rarely happen.
My question is whether the parties to a trade financing transaction, in particular the bank or other financing organization (assignee), can stipulate the applicability of the Convention by agreement and override any national law that would otherwise apply.
Thank you in advance!
The Max Planck Institute Luxembourg (MPI), heading an international consortium of various research institutions, is undertaking a European Commission-funded Study (JUST/2014/RCON/PR/CIVI/0082) on the laws of national civil procedure of the 28 Member States and the enforcement of European Union law. The study encompasses two strands: one on cross-border proceedings and one on the enforcement of EU consumer law. Further information on the study can be found here (http://www.mpi.lu/european-commission-study-on-the-impact-of-national-civil-procedure) and on my projects page.
The study is nearing its end and we are still looking for consumer law experts to answer a set of questions regarding the (procedural) enforcement of EU consumer law. In case you would like to help us out, please contact me on Janek.Nowak@mpi.lu. It would take only around 15 minutes of your precious time but it would make a big difference to us.
Many thanks in advance!
Have a nice day,
In recent days, we have been performing this type of forensic studies to verify the credibility of the statement of persons indicted for committing a crime; therefore derived from the characteristics and situations in which they find these people to be subject to a process of investigation or juducial accusation, and having other evidence, is that we wonder if valid from an ethical point of view, moral theoretical and methodological, conducting such studies credibility of testimony in persons indicted?
“It is therefore consistent with the Court’s case-law to submit to careful scrutiny any restrictions on the freedom of academics to carry out research.”
. Mustafa Erdoğan and Others v. Turkey, nos. 346/04 and 39779/04 40, 27 May 2014
Does anybody know of any books, articles or legal documents dealing with the imposition of Prohibition in Hawaii, Guam or the Northern Mariana Islands?
Family court judges typically possess little useful information about child development. What research is being done to correct this? Are there examples of where such teaching has worked.
I am trying to do a comparative study about simplification of the language used in legislative and jurisprudential texts in order to improve citizenship.
Do you have, in your country, any mesures in that sense?
In that case, could you tell me what is the legislation applicable, and were can I find it?
In some circumstances, unilateral acts conducted by the manufacturer/supplier may constitute a restrictive agreement within the meaning of Article 101 TFEU. I've been looking for the most recent judgments of the EU courts in this subject.
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？
Is it suitable to adopt the civil court's approach for the common law court in preference of justice?
To be termed scientific, a method of inquiry is commonly based on empirical or measurable evidence subject to specific principles of reasoning. (Rules for the study of natural philosophy", Newton transl 1999, pp. 794–6, after Book 3,The System of the World.)
An attempt to develop an eco-centric judicial approach by making improvements on existing anthropocentric approach.
It is essential to establish ethical principles for conducting a forensic examination of credibility of testimony in a possibly accused of a crime, especially as regards the informed CONSENT and limits of confidentiality.
The Case US v APPLE, INC. and others, Civil Action No. 12-CV-2826 (DLC), relevant law: 15 USC § 1- collective price setting and 15 USC § 16- procedure and penalties promises to be a very interesting legal affair. The relevant market: is retail commerce with e-books. Defendants: Apple Inc, Hachette, Penguin, MacMillan, HarperCollins and Simon & Schuster. Plaintiff: US government.
The CEO of the RoyaltyShare Inc and copyright attorney, Mr Bob Kohn has acted as amicus curiae in this case and in his quality, sent several comments, a motion to the Court to stay final judgment pending appeal and yesterday, the 7th of September, a memorandum supporting this motion.
While the defendants played a more passive role, three of them reaching a settlement with the US government, Mr Bob Kohn has extensively tried to prove that the matter should be treated in a different way. DOJ stated that the price fixing agreement is illegal per se and therefore it can not be excluded, exactly like the hardcore restrictions that cannot enjoy an exemption from the prohibition in 101(1) TFEU in European competition law. Mr Kohn invokes the argument of public interest in order to ask for an exclusion of the agreement from the prohibition in 15 USC § 1.
This dissertation will only use secondary research (Probably an extended literature review?)
Criminological theory- Research question:
"Crimes of the powerless (Blue collar) vs. Crimes of the Powerful (White collar) - Is there a distinction between how these crimes are perceived by the public, and punished by judicial systems worldwide?"
we planing to weed our old collection , as a law librarian which policy could be best practicing while going on for that
is that possible the books been weed, can we change it format from physical to digital? is that against copy right law?
In February 2014, the Belgian parliament voted to extend the euthanasia law to include children under the age of 18. Do children have capacity for agency? Are they able to make decisions concerning their health? Are children mature enough to make such grave decisions? Is there a difference between adult euthanasia and child euthanasia?
How do you feel about the consolidation of the criminal law of each state's lifetime ban for positions of state and municipal services for the perpetrators of corruption offenses?
I am doing a PhD on that and would be grateful to diverse opinions and views
Sovereign is immune from the tortuous liability in most of the jurisdictions. Now rights of an individual are paramount and even state can't deny its liability for its act. On the other hand state requires certain protection from liability while performing sovereign functions. Do you think that this immunity should continue..?
Does anyone have an article or suggestion, about the legal basis and practices for the constitutional changes in the countries in transition?
Working on a project which starts in 1918. I know free online access to CR files is available from 1995 to the present, but I have not been able to find an online repository of CR prior to this. Is anyone aware of one (including ones requiring a subscription), so I don't have to find and go through the bound volumes "by hand"?
I am conducting research into factors which are a hindrance to judicial independence (both actual and perceived) in developing nations who are heavily reliant on foreign aid.
I want to desrcibe and compare the implementation of the Peace Preservation Law in Japan in comparison to these two colonies (e.g. the use of force, investigations, prisoners, size of police etc.)
For testing work rules or policies, I am looking for scales which would allow to measure the perceived legitimacy of a rule or a policy. I looked into field beyond economics and management sciences and hoped to find tested scales there or even beyond in areas like criminology. So far I am not successful. And did not even find a hint. Any hint will help at this stage.
A few days to the end of the Jonathan administration May 2015, the President signed into law a number of bills that had earlier been passed by the National Assembly of Nigeria. One of such bills/laws is the Standards Organisation of Nigeria Act which repealed and re-enacted the Standards Organisation of Nigeria Act, Cap S9 2004.
In the framework of my research I'm looking for any available literature on the topics of drafting legislation, nomotechnics, legal standardization etc.
A pregnant lady with poly trauma due to assault admitted in hospital and she complaint to pain in abdomen as she was hit in her abdomen, during her course of treatment she aborted.
I want to compare the procedure of arbitration with litigation with that if the court process with a view to comment about the quality if arbitration awards in my country. I therefore think the phase of weighing the evidence is crucial to my study.
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.
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.
I have seen some citizens preferring to watch TV or go to movie theatres or do something else than going to a polling booth for casting their votes. This results in reduction in the percentage of voting which may amount to choosing a wrong or incompetent or corrupt candidate (due to possibility of illegal proxy or dummy voting by the corrupt candidates) as ministers. Secondly, taking part in the making of government of a country is supposed to be a fundamental human right which can be exercised by casting the vote.
In the US federal judges are appointed for life. A student from France asked me about procedures to remove federal judges who may suffer from a mental disability but who have not committed some sort of crime which would warrant removing them from their positions. It's actually a tricky issue in the US (http://uslaw.blogbaker.com/2014/04/05/federal-judges-are-appointed-for-life-what-if-a-ju).
I was wondering about procedures in other countries.
Council Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons allows temporarily limited measures to receive refugees into the EU. Is there any legal reason the directive cannot be applied on the current situation of Syrians fleeing their country?
It's not only Google, all search engines can be asked to remove search results. They then must delete results that are "inadequate, irrelevant or no longer relevant". That sounds like services will face a lot of legal work to shoulder.
What's your view on this? Does it have any impact on your work (teaching and researching)?
Ethical codes are often treated with almost religious reverence but on examination translate to not much more than a rule book. Medical ethics have been with us since Imhotep devised some in around 2600BCE and for over four and a half thousand years have guided medical practice. Are they a higher form of philosophy or just a list of do's and don'ts?
Should medical personnel take an active role in investigation or intelligence collection?
I am working on a paper and in one section I suggest that policy makers can adopt a policy of "fine-tuning" with regards to legislation, the idea being that they simply tweak pre-existing customary order, targeting particular inefficiencies but otherwise allowing the bulk of the system to function mostly unimpeded by regulation. By any chance, anyone think of any examples of this, preferably outside of contract (I examine contract in a separate section)? The more the better actually. Really in any area of law.
I have a suspicion that much international rights talk is based on European- and American-derived notions of hyperindividualism (characteristic of neoliberalism) that may be at odds with respect to collective care and responsibility (as found and practiced in some parts of the non-Western world).
There is a common logical fallacy that the crime statistics reflect in some way the morality of the society. STOP HERE AND THINK TWICE! The crime statistics reflect first to which extent the human behaviour may be considered to be criminal, i.e. these figures mirror the criminalization of certain activities. We can legalize prostitution or the retail sales of alcohol in Sweden and then statistics of crime will look different, not necessarily better. We can change the definition of the crimes; a broader definition will increase the statistics at least in the first period after the amendment. A narrower definition and a harder burden of proof for the prosecution will decrease the statistics, but attention not the criminality. The most fallacious part of the statement is to pass by the fact that an increase in the statistics can often reflect a more effective enforcement. The police and the other authorities have invested lots of public money in a betterment of the enforcement. This has nothing to do with the morality of the people living in that jurisdiction.
Think about the taxation for instance! One can define taxation as a very moral activity, it is after all about sharing and giving to the people in need, but also as an immoral activity because a person is dispossessed by his/he property, property which has been obtained completely in a legal manner. Of course that some crimes appear to be absolutely horrifying and undoubtedly immoral, but you as an outsider, as a second hand listener, you will never know the whole story. Therefore the biblical story is still wise: Don't throw any stones on nobody! You might be less innocent than that person.
Another short reflection about the truth and the search for truth and the idea that the ultimate truth is God! To me this statement is related with the first the biblical advice 'Don't throw stones!'. The socially constructed truth is always relative and it serves some common purposes. Panem et circenses, bread and circus/games, this is what it is served. Now-a-days the circus is more Hollywood constructed than live. The main idea is that you do not witness the truth, we are only told the 'truth' and if the truths being told fit with your frame of values, they are going to be accepted as reality. If they come in conflict with this frame of values, you will reject them and start to search about the 'real' truth and so on. It sounds strange but in order to provide justice and be impartial, you have to forget about your own cultural bias or moral bias and judge as to the law, not as to the morality.
The values of the society can not be alienated from the law, the law comes as a reflection of these values, but in the moment of becoming LAW, it becomes the main point of reference for the judge. The relation between law and moral values is a very complex one indeed.
I would like you to ponder a bit on the ideas of law and moral in society based on relative truths. What is the role of moral for the law maker or for the law enforcer? Do moral have any significance for a judge?
A report describing workshop proceedings outlines the challenges globalization pose to the health, health laws, governance, and health policies in the Asia Pacific region. A copy of the report and other materials from the workshop is posted on the International Development Law Organization (IDLO) at http://www.idlo.int/english/WhatWeDo/Programs/Health/Pages/DetailsEvent.aspx?IDEVENT=227.
The report reviews the experiences of eighty public health and legal experts who assembled in Bangkok, Thailand on16 – 18 April 2012 to discuss the issues, approaches, and gaps in health laws, governance mechanisms, and policies created by globalization.
What is the difference between these two terms in property law, "Right to possession" and "Right of possession"
Merujuk pada pasal 2 UU No.17 tahun 2003 tentang keuangan negara yang (menurut saya) berbeda dengan Pasal 23 ayat (1) UUD 1945.
Bagaimana pandangan rekan2? Terimakasih.