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Relevant bibliographies by topics / Exemptions (Law)

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Academic literature on the topic 'Exemptions (Law)'

Author: Grafiati

Published: 4 June 2021

Last updated: 12 February 2022

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Journal articles on the topic "Exemptions (Law)"

1

Sandberg, Russell, and Norman Doe. "RELIGIOUS EXEMPTIONS IN DISCRIMINATION LAW." Cambridge Law Journal 66, no. 2 (July 2007): 302–12. http://dx.doi.org/10.1017/s0008197307000530.

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The debate in January 2007, as presented by the mass media, concerning whether an exemption should be provided for Roman Catholic Adoption Agencies from new laws prohibiting discrimination on grounds of sexual orientation in the provision of goods and services, rested upon two erroneous assumptions. The first was an assumption that awarding exemptions on grounds of religion was novel; the second was that the debate concerned whether there ought to be a religious exemption at all. This article seeks to engage with the real debate concerning the Equality Act (Sexual Orientation) Regulations 2007, which is not whether there ought to be a religious exemption (since one has been given) but rather the scope of the exemption. It also aims to show that religious exemptions are common in English law, including discrimination law, and to elucidate the various exemptions, paying particular attention to their beneficiaries and the basis on which discrimination is permitted. In short, this article seeks to understand the state of the law as a whole contextualising the recent moral panic.

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Anders, Cameo C. "Individual and Institutional Religious Exemptions from Vaccines." National Catholic Bioethics Quarterly 20, no. 3 (2020): 501–23. http://dx.doi.org/10.5840/ncbq202020346.

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Under federal law, an individual religious exemption from vaccines is valid when it is based on subjective, sincere beliefs rooted in religion but not dependent on the existence, veracity, or accurate understanding or application of denominational tenets or doctrines. Despite the subjective nature of the individual religious exemption, Catholic institutions may recognize or deny (under certain circumstances) individual religious exemptions on the basis of the institution’s own religious exemptions. For example, under the doctrine of the common good, the significant risk to the community presented by non-vaccinated individuals could be grounds for an institution to deny an individual’s otherwise valid religious exemption. This paper attempts to clarify the decision-making framework used by law to balance individual religious exemptions and compelling state interests, then proposes a similar decision-making framework, consistent with Catholic moral principles, for religious institutions to use when balancing individual conscience objections and compelling duties to society.

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Sandberg, Russell. "Gods and Services: Religious Groups and Sexual Orientation Discrimination." Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 205–9. http://dx.doi.org/10.1017/s0956618x08001208.

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Exemptions for religious groups from generally applicable laws are by no means unusual, especially in the field of discrimination law. However, exemptions from laws prohibiting discrimination on grounds of sexual orientation have proved particularly controversial. The legality of exemptions in regulations prohibiting discrimination on grounds of sexual orientation in the employment sphere has been the subject of judicial review and the scope of those exemptions has also been judicially examined. The extension to prohibit discrimination on grounds of sexual orientation in the provision of goods and services has proved controversial, and case law on the extent of the religious exemption included in the British regulations is awaited. In the meantime, a recent judicial review of the corresponding Northern Ireland regulations, which were enacted prior to the British regulations, may be illuminating.

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Richardson, Siane. "Marriage: A Get Out of Jail Free Card?" International Journal of Law, Policy and the Family 34, no. 2 (August 1, 2020): 168–90. http://dx.doi.org/10.1093/lawfam/ebaa004.

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Abstract Marital rape is a particularly heinous form of sexual violence that occurs within intimate relationships. However, throughout much of the world, the marriage contract affords legal immunity to marital partners who would otherwise be convicted as sexual offenders. By reviewing the laws of the Commonwealth jurisdictions, this research highlights the necessity for reform in many jurisdictions that continue to allow for marital exemptions to sexual offending. This review identified three main forms of marital exemption, that is the general marital exemption to the primary sexual offence, the creation of spousal-specific sexual offences, and the use of marital exemptions to remove or reduce liability for sexual offences involving minors. The operation of these marital exemptions is then considered in the context of international human rights law and its prohibition on sexual violence within intimate relationships. An analysis of the jurisprudence surrounding Article 2 of CEDAW, Article 19 of the CRC and the prohibition of torture informs the argument that international human rights law requires the prohibition of marital exemptions to sexual offending throughout the Commonwealth nations. Marital exemptions continue to afford sexual offending with impunity across many Commonwealth jurisdictions in breach of the international human rights obligations of those nations and reform should occur in order to uphold the rights of sexual violence survivors.

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Conis, Elena, and Jonathan Kuo. "Historical Origins of the Personal Belief Exemption to Vaccination Mandates: The View from California." Journal of the History of Medicine and Allied Sciences 76, no. 2 (February 24, 2021): 167–90. http://dx.doi.org/10.1093/jhmas/jrab003.

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Abstract A number of states, starting with California, have recently removed all non-medical exemptions from their laws requiring vaccinations for schoolchildren. California was also one of the earliest states to include a broad non-medical, or personal, belief exemption in its modern immunization law, which it did with a 1961 law mandating polio vaccination for school enrollment, Assembly Bill 1940 (AB 1940). This paper examines the history of AB 1940’s exemption clause as a case study for shedding light on the little-examined history of the personal belief exemption to vaccination in the United States. This history shows that secular belief exemptions date back further than scholars have allowed. It demonstrates that such exemptions resulted from political negotiation critical to ensuring compulsory vaccination’s political success. It challenges a historiography in which antivaccination groups and their allies led late-nineteenth and early-twentieth century opposition to vaccination mandates while religious groups drove mid-twentieth century opposition. It also complicates the historiographic idea of a return to compulsion in the late 1960s, instead dating this return a decade earlier, to a time when belief exemptions in polio vaccination mandates helped reconcile the goal of a widely vaccinated population with the sacrosanct idea of health as a personal responsibility.

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Nehushtan, Yossi. "Granting Conscientious Exemptions: The Need to Take Sides." Religion and Human Rights 7, no. 1 (2012): 31–58. http://dx.doi.org/10.1163/187103212x624210.

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Abstract There are several possible views of the proper way in which the state should respond to claims to be granted conscientious exemptions. This article discusses, and ultimately rejects, two main approaches to the issue of granting conscientious exemptions: the neutral approach and the ‘equal-regard’ approach. According to the neutral approach the decision whether to grant an exemption should not be affected, at least not directly, by the content of a person’s conscience. The equal-regard approach suggests that, when an exemption is granted to a non-religious conscientious objector, an exemption should also be granted to his equivalent religious objector, and vice versa. It is suggested that the state has to take sides and to evaluate the content of one’s conscience in order to decide whether to grant him an exemption from the law. The general argument that intolerance should normally not be tolerated provides one reason, among others, why the content of someone’s conscience is significant when deciding when to grant conscientious exemptions.

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Nehushtan, Yossi. "Religious Conscientious Exemptions." Law and Philosophy 30, no. 2 (November 10, 2010): 143–66. http://dx.doi.org/10.1007/s10982-010-9088-4.

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Påhlsson, Robert. "The Vat Exemption for Health Care: Eu Law and its Impact on Swedish law." Nordic Tax Journal 2015, no. 2 (December 1, 2015): 18–35. http://dx.doi.org/10.1515/ntaxj-2015-0010.

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Abstract The general rule in EU law is that value-added tax (VAT) is to be levied on all goods and services. There are a number of exceptions, however, one of which applies to certain medical services. This paper examines the legal basis for tax exemptions in EU VAT law and in Swedish law, with particular attention to the extent to which the rapidly growing private health-care sector is covered by these tax exemptions.

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Bonn, Dorothy. "Texas law allows conscientious immunisation exemptions." Lancet Infectious Diseases 3, no. 9 (September 2003): 525. http://dx.doi.org/10.1016/s1473-3099(03)00751-5.

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Mazurkiewicz, Szymon. "Judge as Conscientious Objector – Analysis Based on Cultural Exemptions Theory and U.S. Law." Polish Review of International and European Law 6, no. 1 (September 4, 2018): 73. http://dx.doi.org/10.21697/priel.2017.6.1.03.

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The aim of this paper is to analyze whether it is possible for a judge to possess the right to conscientious objection. Firstly, the author provides some conceptual remarks along with distinguishing conscientious objection from other situations concerning conflict between law and morality that involve judges. Next, cultural exemptions/religious accommodations theory is introduced as a conceptual basis for further analysis. W. Ciszewski’s multidimensional view on exemption theory is applied here. It distinguishes three levels of discussion: the general legitimatization of accommodations, secondly, the justification of a concrete exemption and thirdly the scope, process of application and exclusions of the specific exemption. This paper involves the second level and some issues from the third. Five premises given by W. Ciszewski are considered: (1) significance of a goal realized by regulation, (2) formal amenability of a duty to exclusion, (3) significance of one’s world view being in conflict with duty, (4) prohibition of the unjustified privileging of a group and (5) size of a group that may obtain an exemption. The last part involves the problem of applying a conscience clause. In the paper the author analyzes whether the regulation of judicial disqualification, especially judicial recusal, can be regarded as a legal basis for taking advantage of conscientious objection. The author also considers the boundaries of the clause of conscience with special emphasize on the individual’s right to a fair trial.

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Dissertations / Theses on the topic "Exemptions (Law)"

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Nehushtan, Yossi. "Religious conscientious exemptions." Thesis, University of Oxford, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670045.

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Linares, Jara Mario Ernesto, and Villegas Elizabeth Pomasoncco. "The Optional Regime of the Exemptions of the Administrative Procedures of Selection of Contractors." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118334.

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This article aims to determine the extent for the regimen of administrative procedure of selection, in the framework of the Peruvian Public Procurement Law. In that way, by analyzing the juridical doctrine and the Supervisory Agency of Public Procurement’s pronouncements on the matter, it will be determined that we are facing and optional regime on exemptions.
El presente artículo busca determinar el alcance del régimen de exoneraciones de los procedimientos administrativos de selección, en el marco de la normativa de Contrataciones con el Estado en el Perú. En ese sentido, a través del análisis de la doctrina y de los pronunciamientos del Organismo Supervisor de las Contrataciones del Estado, se verificarási es que nos encontramos o no ante un régimen facultativo de exoneraciones.

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Teague, Ian Graeme. "The role of the public interest in competition law a consideration of the public interest in merger control and exemptions in South Africa and how the public interest plays a more important role in the competition laws of South Africa and of developi." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4568.

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Teague, Ian Graeme. "The role of the public interest in competition law: a consideration of the public interest in merger control and exemptions in South Africa and how the public interest plays a more important role in the competition laws of South Africa and of develop." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4569.

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This paper considers the role accorded to, and importance of, the public interest objectives of the South African Competition Act[1] (the Act). The aim of this paper is not to critique these objectives or to consider what role these objectives have played in South African competition jurisprudence in the eleven years since the enactment of the Act, but to accept such objectives and specifically consider what effect has been given to them in the other provisions of the Competition Act that expressly deal with the public interest, [2] and to argue that the competition authorities should not be too eager to diminish the importance of these sections, but that the public interest should play an important role in the competition law of South Africa and other developing nations, and as such, that the South African competition authorities should recognise this.

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Coskun, Alexis. "La participation du droit de la concurrence de l’Union européenne à l’édification d’un modèle de compétitivité industrielle." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA014.

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Régulièrement le droit de la concurrence est perçu comme constituant un frein, un obstacle à toute velléité de mener une politique industrielle. Droit de la concurrence et politique industrielle sont souvent présentés comme étant, par nature ; opposés. Ce travail de doctorat tend à préciser la manière avec laquelle le droit de la concurrence participe de la formation d’un modèle d’industrie compétitive au niveau européen. Il s’agit de dépasser les définitions figées de la politique industrielle renvoyant exclusivement à l’implication étatique et de montrer comment et par quelles applications pratiques le droit de la concurrence permet d’atteindre cet objectif téléologique de compétitivité. Cette vision doit déboucher sur l’identification et l’analyse des deux axes majeurs au travers desquels le droit de la concurrence participe de la démarche dynamique de construction d’un modèle compétitif industriel : son influence sur les contenus et formes des interventions étatiques et son influence sur le comportement et les stratégies des entreprises manufacturières. Pour réaliser une telle ambition un large travail d’analyse des décisions de la Commission et de la jurisprudence de la Cour a dès lors été entrepris
On a regular basis competition law is seen as an obstacle or a brake to any willingness of pursuing a project of industrial policy. Competition law and industrial policy are often presented as, by their sole nature, opposed. My PHD work tends to precise the way in which competition law participates to the establishment of competitive industrial model at the European scale. It outweighs the congealed definitions of industrial policies exclusively understanding it as deriving from state intervention. It aims at showing how and by which practical ways competition law makes possible to reach the teleological aim of competitiveness.This perspective leads to the identification and the analysis of the two major axis through which competition law participates to the teleological construction of a competitive industrial model : its influence upon the contents and the forms of state intervention and its impact on the actions and strategies of the manufacturing firms. To realize such a project a deep and large analysis of the Commission’s decisions and of the case-law of the Court has been undertaken

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Acosta, Bermedo Otto Alonso, Quintanilla Adriana del Pilar Tapia, and Vargas Christian Fernando Wong. "El impuesto predial y su impacto en las finanzas públicas." THĒMIS-Revista de Derecho, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/108715.

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Public finance is of much importance for the sustainability of a State. For that purpose,there are diverse tax mechanisms that are key to achieve that purpose, such as the case of Property Taxes. However, can we affirm that this tax achieves that goal in Peru? Is the rate properly fixed? Is there an adequate administration and recollection of taxes? In this investigation, THĒMIS studies the diverse challenges that come up in fiscal decentralization in this country, showing off a legal perspective as well. It also brings a dynamic study of Property Taxes, concluding that it has a very decisive impact on public finance, and for that reason, the rate must be progressively modified and increased. It will be fundamental that the recollection may be done with good governance that allows both the decentralization and maximization of the funds use, in order to benefit all sectors.
El financiamiento público es un factor de suma importancia para el sostenimiento de un Estado. Es por ese motivo que existen diversos tributos que son fundamentales para lograr tal cometido, como es el caso del Impuesto Predial. Sin embargo, ¿aquel impuesto cumple su finalidaden el Perú? ¿Su tasa es fijada adecuadamente? ¿Existe un buen sistema de recaudación? En esta investigación, THĒMIS analiza los retos que encuentra la descentralización fiscal en nuestro país, proveyendo además, un enfoque jurídico. Asimismo, se presenta un dinámico estudio del Impuesto Predial en el país, concluyendo que tal afecta definitivamente a las finanzas públicas y que, por ello, la tasa debe ser progresivamente modificada y alzada. Será fundamental que éste sea recaudado mediante una adecuada gestión pública que permita descentralizar los fondos y maximizar su uso para beneficiar a todos los sectores.

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Griz, Rodrigo Leal. "Isenção tributária: fundamentos para uma teoria do fato jurídico tributário." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/5930.

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Made available in DSpace on 2016-04-26T20:21:08Z (GMT). No. of bitstreams: 1 Rodrigo Leal Griz.pdf: 1913940 bytes, checksum: 97dd3fc16ac574e34196977d753e42f6 (MD5) Previous issue date: 2012-08-22
Conselho Nacional de Desenvolvimento Científico e Tecnológico
This dissertation has as its major intent to define tax exemptions and study its phenomenology in the Brazilian legal system. After analyzing the Brazilian Constitution and the CTN, it examines diverse theories that local and foreign doctrine have outlined in almost one century of studies of this important legal feature in tax law. Despite extensive scientific research and case law on the subject-matter, the definition of tax exemptions is yet a controversial issue. Therefore, due to this critical divergence of treatment, studies that uphold a dialectic meaning making process, so as to expose some of the approaches that would lead to a more comprehensive explanation of this institute, are of pressing importance. In this dissertation, the law is addressed from a communicational aspect and the logicsemantic constructivism method is applied whilst breaking down the law into minor structures integrated into the axiological framework of its users, aiming the establishment of the legal system. A syntactic and semantic analysis is adopted, using linguistic rules to study tax exemption, without leaving aside the important pragmatism that surrounds the law in all its facets, since it can be applied as an instrument of supervision of all inter-subjective conducts in the society. The analysis desired to be developed throughout this dissertation was to establish the relationship amongst the legal tax norm with the normative exemptions, remarkably to determine the meaning in which the term norm is used in both terms. It was highlighted that whilst the primary term means norm in the strict sense, constituted of the conditional logic structure, the subsequent is not and, as a matter of fact, does not present any autonomy as assisting in the construction of the tax hypothesis while emerging as the negative element of the category and assigning characteristics that, if present, shall not allow it to be taxable. This is due to the fact that the apparent antinomy between them can be resolved via the interpretative method, without the need of revocation. Thus, so as to study the legal fact in tax law, one must also know tax exemptions
O presente trabalho dissertativo tem por objetivo definir a isenção tributária e estudar sua fenomenologia no ordenamento positivo brasileiro. Após realizar uma abordagem da Constituição Federal de 1988 e do CTN, expõem-se diversas teorias que a doutrina, inclusive estrangeira, traçou no decorrer de quase um século de estudos desta figura jurídica tão importante no direito tributário. Não obstante haver uma grande produção científica e jurisprudencial sobre o tema, o conceito da isenção tributária ainda está longe de ser pacífico. Em razão desta grande divergência de tratamento é de peculiar importância estudos que visem a manter um processo dialético de construção de sentido para expor algumas das formas que melhor expliquem este instituto. Nesta dissertação aborda-se o direito a partir de uma teórica comunicacional e se utiliza o método do constructivismo lógico-semântico ao empregar-se a decomposição do direito em estruturas mínimas integradas ao contexto axiológico de seus utentes com fins a constituir o sistema jurídico positivo. Adota-se uma análise linguística sintática e semântica para estudar a isenção tributária sem que se deixe de lado o importante teor pragmático que permeia o direito em todas as suas faces, porque serve de instrumento para a regulação de condutas intersubjetivas na sociedade. A análise que se dispôs a construir no decorrer deste trabalho foi estabelecer a relação da norma jurídica de tributação com a norma isentiva, principalmente para determinar em que sentido o termo norma é utilizado nestas duas locuções. Percebeu-se que enquanto a primeira é norma em sentido estrito, composta da estrutura lógica do condicional, a segunda não o é e, em verdade, não apresenta autonomia ao servir para a construção da hipótese tributária ao aparecer como elemento negativo do tipo e prescrever características que, se encontradas no evento, não autorizam a incidência da tributação. Isto porque a aparente antinomia que entre elas pode ser vista é solucionada mediante o método interpretativo sem necessidade de revogação. Para se estudar o fato jurídico tributário, portanto, deve-se também conhecer as isenções tributárias

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Rogers, Tommy Kevin. "Parental Rights: Curriculum Opt-outs in Public Schools." Thesis, University of North Texas, 2010. https://digital.library.unt.edu/ark:/67531/metadc30507/.

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The purposes of this dissertation were to determine the constitutional rights of parents to shield their children from exposure to parts of the public school curriculum that the parents find objectionable on religious, moral, or other grounds and to determine the statutory rights of parents to remove, or opt-out, their children from objectionable parts or all of the public school curriculum as set forth in the statutes of the 50 states and the District of Columbia. Many pivotal federal court cases dealing with parent rights and curricular issues, including Mozert v. Hawkins County Board of Education (1987), Vandiver v. Hardin County Board of Education (1987), Brown v. Hot, Sexy, & Safer Productions, Inc. (1995), Leebaert v. Harrington (2003), and Parker v. Hurley (2008) were surveyed using legal research methods. Specific types of curriculum opt-outs (e.g., sex education, comprehensive health programs, HIV/AIDS instruction) granted by each state were ascertained. States' statutes and regulations were categorized as non-existent, restrictive, or permissive based on the scope and breadth of each state's curriculum opt-out statute or regulation. A long list of federal court rulings have provided public schools the right to teach what school boards and administrators determine is appropriate. Parents did not have any constitutional right to opt their children out of public school curriculum. Many states' legislatures have granted parents a statutory right to opt their children out of certain parts of school curricula. In this study, 7 states had non-existent statutes or regulations, 18 states had restrictive statutes or regulations, and 26 states had permissive statutes or regulations.

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Rodríguez, Márquez Jesús. "El Gravamen de los Dividendos de Fuente Extranjera y de las Ganancias Derivadas de la Venta de Participaciones en Sociedades no Residentes: La Reforma del Régimen Español en el Marco del Derecho Comparado." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118420.

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This paper analyzes the taxation on foreign dividends in comparative tax law. In particular, we study the European and North American system. Finally, we want to assess the Spanish system to avoid international double taxation and its reform, which will be put in force in 2015.
El trabajo tiene por objeto exponer cuál es el gravamen de los dividendos de fuente extranjera en el Derecho comparado, partiendo de la experiencia europea y la norteamericana. Dicho análisis tiene por finalidad última valorar el sistema español de eliminación de la doble imposición internacional, así como, sobre todo, su reforma, que entrará en vigor en 2015.

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Short, Nicholas J. D. University of California Berkeley. "The political economy of the research exemption in American patent law." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/104814.

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Thesis: S.M. in Technology and Policy, Massachusetts Institute of Technology, School of Engineering, Institute for Data, Systems, and Society, Technology and Policy Program, 2016.
This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references.
One of the most important questions in innovation policy today is whether the acts of making and using a patented invention for research purposes should be exempt from infringement liability, also known as the research exemption. Most of the legal scholarship about the research exemption has focused on normative questions like whether the law should have an exemption and what form it should take. Few if any articles have approached the research exemption as a case study in the political economy of American patent law. This article analyzes the legal and political history of the research exemption from 1970 to the present in order to illustrate and expand upon existing theories about the political economy of American patent law. The history was constructed by first using law review commentary to identify all major instances when the research exemption became a prominent issue in a judicial, legislative, or executive forum, and then analyzing primary sources from those debates to identify the individuals and institutions that participated and the arguments they made. One major conclusion is that faulty economic ideology has played a significant role in shaping policy towards the research exemption, and that the Court of Appeals Federal Circuit--the standard bearer for that ideology--has exhibited a strong institutional bias against the research exemption. Together, these forces have created an excessively complex policy environment that is placing a significant strain on the national research system, a strain that executive agencies and the courts have tried to alleviate through ad hoc agreements and modifications of other patent doctrines, like the doctrine of subject matter eligibility.
by Nicholas Short.
S.M. in Technology and Policy

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Books on the topic "Exemptions (Law)"

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Levine, Martin. Review of Maryland procurement law exemptions. Annapolis, Md: Dept. of Legislative Services, Office of Policy Analysis, 2004.

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Florida. Legislature. House of Representatives. Committee on Governmental Operations. Public records exemptions and public meetings exemptions: Staff guidebook. [Tallahassee]: House Committee on Governmental Operations, 1994.

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Levine, Richard L. Fraudulent transfers and exemptions. Boston, MA: MCLE, 1993.

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Commission, Nevada Legislature Legislative. Tax exemptions in Nevada. [Carson City, Nev.]: The Bureau, 1999.

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Commission, Manitoba Law Reform. Residential exemptions from judgment executions. [Winnipeg, Man.]: Manitoba Law Reform Commission, 1995.

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Rhodes, Robbin. Bankruptcy exemptions: Homestead and firearm laws. Hauppauge, N.Y: Nova Science Publishers, 2011.

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Feria, Rita de La. VAT exemptions: Consequences and design alternatives. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2013.

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Simmons, Richard J. California employer's guide to the federal overtime exemptions. Van Nuys, Calif: Castle Publications, 2004.

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Florida. Legislature. Senate. Committee on Ways and Means. Subcommittee E. Exemptions from Florida's sales tax: An analysis. [Tallahassee]: The Committee, 1997.

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Washington (State). Legislature. Joint Legislative Audit and Review Committee. Domestic security: Exemptions to public records disclosure. Olympia, WA: The Committee, 2004.

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Book chapters on the topic "Exemptions (Law)"

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Frenz, Walter. "Exemptions." In Handbook of EU Competition Law, 407–550. Berlin, Heidelberg: Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-48593-4_4.

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Hanvey, Chester. "FLSA Exemptions." In Wage and Hour Law, 47–69. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-74612-8_3.

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Rajesh Babu, R. "‘Minor Exemptions’ Doctrine in National Copyright Law: Guidance from the WTO Jurisprudence." In Copyright Law in the Digital World, 133–50. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3984-3_6.

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Turner, Bryan S. "Legal Pluralism: Freedom of Religion, Exemptions and the Equality of Citizens." In Religious Rules, State Law, and Normative Pluralism - A Comparative Overview, 61–73. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-28335-7_4.

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Curtis, Michael Kent. "A Unique Religious Exemption from Antidiscrimination Laws in the Case of Gays? Putting the Call for Exemptions for Those Who Discriminate against Married or Marrying Gays in Context." In The Rule of Law and the Rule of God, 83–114. New York: Palgrave Macmillan US, 2014. http://dx.doi.org/10.1057/9781137447760_5.

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"9. Religious Bodies and the Role of Common Law." In Exemptions, 185–210. Harvard University Press, 2016. http://dx.doi.org/10.4159/9780674969162-009.

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Lasok QC, KPE. "EXEMPTIONS." In EU Value Added Tax Law, 384–451. Edward Elgar Publishing, 2020. http://dx.doi.org/10.4337/9781784718015.00020.

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Steinberg, Marc I. "Exemptions from Securities Act Registration." In Rethinking Securities Law, 51–92. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197583142.003.0003.

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This chapter addresses the convoluted SEC exemption framework and offers measures for effective reform. During the past four decades, Congress and the SEC have engaged in piecemeal alterations to the exemption framework. As a consequence, the exemption framework lacks clarity and unduly favors capital formation at the expense of investor protection. The chapter accordingly focuses on the exemption framework for both primary offerings and resales of securities. Its objectives are to explain why the current regimen is incompatible with the best interests of investors and the securities markets as well as to recommend the implementation of a revised framework that effectuates a more sound exemption framework. Hence, as set forth herein, the SEC’s exemption framework should be restructured so that the exemptions are tailored in a balanced manner that satisfies both issuer and investor needs.

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"Exemptions." In A User’s Guide to Data Protection: Law and Policy. Bloomsbury Professional, 2020. http://dx.doi.org/10.5040/9781526515735.ch-008.

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Kitty, Lieverse. "Part II The New EU Prospectus Rules, 7 The Obligation to Publish a Prospectus and Exemptions." In Prospectus Regulation and Prospectus Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198846529.003.0007.

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This chapter offers a comprehensive treatment of the obligation to publish a prospectus, including the available exemptions. The Prospectus Regulation provides for an update of the prospectus obligation and the exemptions thereto. However, the provisions that determine the requirement to publish an approved prospectus have remained unaltered. In addition, the exemptions to have a prospectus available compliant with the Prospectus Regulation have largely remained the same. The chapter shows, however, that there have been some changes when it comes to exemptions. Notably, the regime for small size offerings has changed. The chapter concludes that the goal of the European legislator to enhance harmonisation between the member states by including the prospectus regime in a regulation, has not been achieved for these small-size offerings. In addition, some exemptions for the prospectus requirement in the event of a listing have either been extended or restricted. Finally, the chapter notes that the disclosure regime as such, as is provided by a prospectus under the Prospectus Regulation, has not been truly reconsidered, in the context also of concurrence with other disclosure regimes.

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Conference papers on the topic "Exemptions (Law)"

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Dzhindzholiya, Raul', Ruslan Zhirov, and Azamat Dzuev. "EXEMPTION FROM CRIMINAL RESPONSIBILITY AND PUNISHMENTAS A FROM OF CRIMINAL PROTECTION." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/198-206.

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This article is devoted to the study of the essence and content of institutions of exemption from criminal responsibility and punishment. It is concluded that exemption from criminal responsibility and punishment as two types of criminal protection serve to implement the principles of humanism and justice in criminal law; ensure that the convict is corrected without criminal coercion.

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Kosorukova, Irina. "Causes FOR EXEMPTION FROM LEGAL LIABILITY AND PUNISHMENT." In Current problems of jurisprudence. ru: Publishing Center RIOR, 2021. http://dx.doi.org/10.29039/02058-6/199-204.

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The article provides a general overview of such legal aspects as exemption from administrative responsibility and criminal punishment. Since the Russian Federation is a state governed by the rule of law, in which legal institutions must fully protect the rights and freedoms of citizens, it is necessary to try to study this issue so that it is possible to propose new or alternative solutions to the problems that exist today. Namely, the gaps in the legislation.

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Эрзанукаева, Марьям Магомедовна. "IMPACT OF THE CORONAVIRUS PANDEMIC ON CIVIL LAW RELATIONS." In Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Август 2020). Crossref, 2020. http://dx.doi.org/10.37539/seh292.2020.99.49.008.

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В статье на основе исследования действующего гражданского законодательства описано влияние коронавируса на вопросы договорного характера, исполнение обязательств и основания освобождения от ответственности The article describes the impact of coronavirus on contractual issues, performance of obligations and grounds for exemption from liability based on the study of current civil legislation.

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Imbro, Eugene, and Thomas G. Scarbrough. "Incorporation of Risk Insights in the Regulatory Treatment of Nuclear Power Plant Structures, Systems, and Components." In 10th International Conference on Nuclear Engineering. ASMEDC, 2002. http://dx.doi.org/10.1115/icone10-22658.

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The U.S. Nuclear Regulatory Commission (NRC) has established an initiative to risk-inform the requirements in Title 10 of the Code of Federal Regulations (10 CFR) for the regulatory treatment of structures, systems, and components (SSCs) used in commercial nuclear power plants. As discussed in several Commission papers (e.g., SECY-99-256 and SECY-00-0194), Option 2 of this initiative involves categorizing plant SSCs based on their safety significance, and specifying treatment that would provide an appropriate level of confidence in the capability of those SSCs to perform their design functions in accordance with their risk categorization. The NRC has initiated a rulemaking effort to allow licensees of nuclear power plants in the United States to implement the Option 2 approach in lieu of the “special treatment requirements” of the NRC regulations. In a proof-of-concept effort, the NRC recently granted exemptions from the special treatment requirements for safety-related SSCs categorized as having low risk significance by the licensee of the South Texas Project (STP) Units 1 and 2 nuclear power plant, based on a review of the licensee’s high-level objectives of the planned treatment for safety-related and high-risk nonsafety-related SSCs. This paper discusses the NRC staff’s views regarding the treatment of SSCs at STP described by the licensee in its updated Final Safety Analysis Report (FSAR) in support of the exemption request, and provides the status of rulemaking that would incorporate risk insights into the treatment of SSCs at nuclear power plants.

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Becht, Charles, and Charles Becht. "Extension of Fatigue Exemption Rules in Section VIII, Div 2 Slightly Into the Creep Regime." In ASME 2009 Pressure Vessels and Piping Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/pvp2009-77002.

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A number of alloys have applications slightly into the creep range that are in cyclic service, such as process reactors. The 2007 edition of Section VIII, Div 2 [1] provides allowable stresses for these materials, which may be controlled by creep properties. However, the fatigue design rules and fatigue exemption rules are not applicable, precluding construction of vessels using these materials at temperatures above 370°C (700°F). This paper provides a simplified approach for exemption of low chrome alloys that are slightly into the creep range from fatigue analysis.

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Weihong, Yue, and Xu Yeqiang. "In Situ Measurement Technique of Low-Energy β-Contaminated Waste Sorting." In 2018 26th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/icone26-81341.

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Operation and decommissioning of nuclear facilities will produce radioactive waste, and different radionuclides in the waste will bring different hazards to the public and the environment. The waste would be sorted more reasonably by distinguishing different radionuclides. Yet it is still very difficult to measure directly the pure Beta radioactive waste in situ, though in situ Gamma-analytical and Alpha-waste-barrel measurement techniques have become more sophisticated. The aim is to propose a scientific technique to sort the radioactive waste in situ. This study focused on the 90Sr-contaminated material in China Institute of Atomic Energy and optimized the design of the existing solid waste disposal facilities. A novel technique to measure the radioactive waste 90Sr-90Y online was proposed, trying to sort the radioactive waste as optimally as possible to realize further separation of exemption waste. Theoretically, the exemption waste can be further sorted, and it can guide the design of radioactive waste disposal system.

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Kummari, Seetha Ramudu, Brian Macejko, Kraig S. Shipley, Phillip E. Prueter, Geoff Evans, and Nijat Jamal. "Establishing Fracture Mechanics Based Minimum Allowable Temperatures for Low Temperature Applications of ASME B31.3 Piping." In ASME 2018 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/pvp2018-84797.

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Impact test exemption curves in ASME B31.3 [1] were adopted from ASME Section VIII Division 1 (VIII-1) [2] with subtle modifications. The VIII-1 exemption curves were generated based on early fracture mechanics methodologies and limited amount of test data with an assumption on maximum applied stress intended to correspond to the typical VIII-1 allowable stress criteria. The applicability of the exemption curves for low temperature applications of ASME B31.3 piping (such as blowdown events) is open to discussion because of potentially high longitudinal thermal expansion stresses that may exceed the VIII-1 allowable stress criteria. Additionally, unlike in VIII-1 and ASME Section VIII Division 2 (VIII-2) [3], there is no post weld heat treatment (PWHT) credit on Minimum Design Metal Temperature (MDMT) in ASME B31.3. Detailed fracture mechanics analyses have shown that PWHT can significantly reduce the risk of brittle fracture failures due to its relaxation effect on weld residual stresses, a major crack driving force. In this paper, a fracture mechanics-based methodology for establishing Minimum Allowable Temperatures (MAT) for low temperature applications of ASME B31.3 piping is presented. A state-of-the-art fracture mechanics methodology published in Welding Research Council (WRC) Bulletin 562 [4] is used to develop step-by-step Level 1 and Level 2 procedures for establishing MAT for low temperature applications of ASME B31.3 piping. For the Level 1 methodology, MAT screening curves are developed based on a likely conservative assumption that the stresses in the piping component are at the maximum code allowable stresses in both the hoop and longitudinal directions. For the Level 2 methodology, stress ratio verses temperature reduction curves are developed to consider the effect of lower operating stresses. Similar to VIII-2 [3] toughness exemption curves, the screening curves are generated for both As-Welded and PWHT conditions. The curves can also be used for impact tested materials. The established MAT can be directly coupled to different reference flaw sizes and integrated with an inspection criteria for piping components. Two examples of establishing MAT using both the proposed Level 1 and Level 2 methodologies are presented herein.

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Pescatore, Claudio, Lucien Teunckens, and Shankar Menon. "Clearance/Exemption Levels for Slightly Radioactive Materials Arising From Nuclear Decommissioning and Non-Nuclear Industries." In ASME 2001 8th International Conference on Radioactive Waste Management and Environmental Remediation. American Society of Mechanical Engineers, 2001. http://dx.doi.org/10.1115/icem2001-1266.

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Abstract The management of the relatively large volumes of slightly radioactively contaminated material, arising from the decommissioning of nuclear facilities, represents a substantial fraction of the cost of such projects. The recycling of a relevant fraction of this material (or its reuse or disposal) without radiological restrictions, was identified by a Task Group of the OECD/NEA Co-operative Programme on Decommissioning, as a significant means of reducing such costs. The lack of internationally accepted “clearance levels” of radioactivity, at which the material could be utilised without radiological restrictions, seriously limits recycling as a waste management option. The emergence of the NORM/TENORM issue is of great significance for the discussion of clearance regulations. TENORM arisings occur in huge quantities, two to three orders of magnitude larger than those used in European studies on recycling in the nuclear industry, and the activity levels are generally the same as in very low to low-level nuclear waste. The regulation of TENORM is in its early stages. Their occurrence in a large number of industries, as well as their activity levels and quantities, has not been generally appreciated, even by regulatory authorities, until fairly recently. National and international bodies have suggested or are in the process of suggesting regulations for TENORM. The most important development is the publication of the European Commission Directive of May 1996 (ratified in May 2000) laying down basic safety standards for protection against ionising radiation, arising both in the nuclear and non-nuclear industries. The International Atomic Energy Agency has also started looking into this area in connection with the revision of its Safety Series 89 document. Significant to note is that both these bodies suggest release criteria into the general economy that are more relaxed for the radioactive materials from non-nuclear industries than for similarly contaminated material from nuclear industries. This issue is being taken up by several other bodies as well. This paper reviews the current debate and underlines the need for consistency in developing regulations and criteria for exemption and clearance of all radioactive materials regardless of their origin.

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Ramsøy, Tore, Elisabeth Strålberg, and Per Varskog. "Classification, Treatment and Storage of Low Specific Activity Radioactive Waste From the Petroleum Industry." In ASME 2001 8th International Conference on Radioactive Waste Management and Environmental Remediation. American Society of Mechanical Engineers, 2001. http://dx.doi.org/10.1115/icem2001-1245.

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Abstract Low specific activity deposits containing 226Ra, 228Ra and their daughter isotopes is a well-known problem in the petroleum industry. It is estimated that installations in the Norwegian sector of the North Sea will generate from 50 to 75 tons of scale and sludge annually. A simple method for on-site classification of LSA scale has been developed. Classification of the sludge from the Brent Spar revealed that only a small fraction of the total amount of sludge exceeded the exemption level. Sludge classified to be below the free classification limit was incinerated with surveillance of activity levels in the ash and effluents.

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Dogan, Bilal, and Robert Ainsworth. "Defect Assessment Procedure for Low to High Temperature Range." In ASME 2003 Pressure Vessels and Piping Conference. ASMEDC, 2003. http://dx.doi.org/10.1115/pvp2003-2032.

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There are many similarities between available procedures used for defect assessment. They have been developed as a result of experience gained from material-specific programs and have often been verified using the same data. One recently updated document covering life assessment procedures under creep and creep/fatigue crack growth conditions is BS 7910. This document takes into account some of the most recent developments in the subject, including some from the British Energy R5 Procedure. Future developments in defect assessment procedures will follow the route of simplified and unified codes covering defect behaviour in the low to high temperature range. In this paper, the relevance of the insignificant creep curves in RCC-MR for defect free structures and the creep exemption criteria in BS7910 are examined. Then, an overview is given of some European developments in defect assessment methods for Fitness-for-Service assessment, based on recent and current projects such as the EC thematic network FITNET.

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Reports on the topic "Exemptions (Law)"

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Richwine, Chelsea, Avi Dor, and Ali Moghtaderi. Do Stricter Immunization Laws Improve Coverage? Evidence from the Repeal of Non-medical Exemptions for School Mandated Vaccines. Cambridge, MA: National Bureau of Economic Research, May 2019. http://dx.doi.org/10.3386/w25847.

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Yusgiantoro, Filda C., I. Dewa Made Raditya Margenta, Haryanto Haryanto, and Felicia Grace Utomo. Carbon Tax Implementation in the Energy Sector: A Comparative Study in G20 and ASEAN Member States (AMS). Purnomo Yusgiantoro Center, June 2021. http://dx.doi.org/10.33116/br.003.

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1. This report shows that six G20 countries (Japan, South Africa, Argentina, France, Ireland, and Mexico) and one ASEAN Member States (Singapore) have implemented a carbon tax. 2. The energy sector is the primary GHG emissions contributor in most member states, except Indonesia. However, the energy sector in Indonesia will highly contribute to the national GHG emissions considering the rise of energy demand due to economic and population growth. 3. The effectiveness of carbon tax is specific to which sectors are taxed and which sectors are exempt to a country member. Specifically, a higher emissions price may not cover a large share of emissions in the country. The high carbon tax in France only covers 35% of total emissions in its jurisdiction. Meanwhile, Japan and Singapore’s low carbon tax covers 75% and 80% of total emissions in their jurisdiction, respectively. 4. The numbers of sectoral coverage by emissions price will impact the level of revenues generated from the carbon tax. France obtained the most significant carbon tax revenue for more than USD 9.6 billion. Meanwhile, Argentina generated less than USD 1 million, likely due to tax exemptions in natural gas commodities. 5. The contribution level of carbon tax revenue to the government’s total revenue varies for each country. France and Ireland’s carbon tax revenue contributes 0.71% and 0.53% of their total government revenue, respectively. Meanwhile, the rest of the countries’ carbon tax revenue contributed less than 0.3% each to their government revenue.

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