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1

Rothstein, Mark A., Bartha Maria Knoppers, and Heather L. Harrell. "Comparative Approaches to Biobanks and Privacy." Journal of Law, Medicine & Ethics 44, no. 1 (2016): 161–72. http://dx.doi.org/10.1177/1073110516644207.

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Laws in the 20 jurisdictions studied for this project display many similar approaches to protecting privacy in biobank research. Although few have enacted biobank-specific legislation, many countries address biobanking within other laws. All provide for some oversight mechanisms for biobank research, even though the nature of that oversight varies between jurisdictions. Most have some sort of controlled access system in place for research with biobank specimens. While broad consent models facilitate biobanking, countries without national or federated biobanks have been slow to adopt broad cons
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Ndlovu, Lonias, and Clarence Itumeleng Tshoose. "COVID-19 and Employment Law in South Africa: Comparative Perspectives on Selected Themes." South African Mercantile Law Journal 33, no. 1 (2021): 25–55. http://dx.doi.org/10.47348/samlj/v33/i1a2.

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Public health emergencies such as the novel coronavirus (COVID-19), which was elevated to a global pandemic, usually have severe implications for people in various spheres of life. For example, people’s employment and social welfare are affected. In this paper, the authors explore the possible implications of COVID-19 on the rights of employers and employees in South Africa. The issues that need to be considered include leave when employees elect to stay at home as a precautionary measure against contracting the coronavirus at work, the enforcement of employment contracts, employment security,
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Dwyer, Judith, Mark Rankin, Margie Ripper, and Monica Cations. "Is there still a need for abortion-specific laws? The capacity of the health framework to regulate abortion care." Alternative Law Journal 46, no. 2 (2021): 141–48. http://dx.doi.org/10.1177/1037969x20986636.

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After prolonged periods of criminalisation, 20th and 21st century law reform has now moved abortion care closer to being regulated as health care in all Australian jurisdictions. However, no jurisdiction has yet tested the proposition that specific laws for abortion care are unnecessary. This article analyses the capability of health law, policy and ethics to regulate abortion comprehensively, without the need for either stand-alone laws or special provisions within health law. We examined this question in the South Australian context and concluded that the health framework provides the basis
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Morton, Rochelle, and Alexandra L. Whittaker. "Understanding Subordinate Animal Welfare Legislation in Australia: Assembling the Regulations and Codes of Practice." Animals 12, no. 18 (2022): 2437. http://dx.doi.org/10.3390/ani12182437.

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The state-based approach to regulating animal welfare in Australia is thought to create national dis-uniformity in that each state and territory legislates and operates inconsistently. The animal welfare legal framework in each of the eight Australian jurisdictions is made up of a primary statute and subordinate legislation, where subordinate animal welfare legislation, in the forms of regulations and codes of practices, are lower-ranking laws that are given power under the jurisdiction’s specific animal welfare statute. Since a review of animal welfare statutes identified broad patterns betwe
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Weil, Lauren, Alexa Limeres, Astha KC, et al. "Legal Requirements for Infection Prevention and Control Training Among Healthcare Personnel." Infection Control & Hospital Epidemiology 41, S1 (2020): s70. http://dx.doi.org/10.1017/ice.2020.558.

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Background: When healthcare providers lack infection prevention and control (IPC) knowledge and skills, patient safety and quality of care can suffer. For this reason, state laws sometimes dictate IPC training; these requirements can be expressed as applying to various categories of healthcare personnel (HCP). We performed a preliminary assessment of the laws requiring IPC training across the United States. Methods: During February–July 2018, we searched WestlawNext, a legal database, for IPC training laws in 51 jurisdictions (50 states and Washington, DC). We used standard legal epidemiology
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Fletcher, James, Michael Molloy, Alexander Hart, Amalia Voskanyan, Ritu R. Sarin, and Gregory R. Ciottone. "Evolution of United States Legislation to Facilitate Bystander Response to Opioid Overdose." Prehospital and Disaster Medicine 34, s1 (2019): s130. http://dx.doi.org/10.1017/s1049023x19002826.

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Introduction:Opioid overdose deaths in the United States are increasing. Time to restoration of ventilation is critical. Rapid bystander administration of opioid antidote (naloxone) is an effective interim response but is historically constrained by legal restrictions.Aim:To review and contextualize development of legislation facilitating layperson administration of naloxone across the United States.Methods:Publicly accessible databases (1,2) were searched for legislation relevant to naloxone administration between January 2001 and July 2017.Results:All 51 jurisdictions implemented naloxone ac
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Novikov, Vladislav S. "Trusts under Civil Law Jurisdictions: Current Legislative Framework, Legal Doctrine and Case Law." Zakon 20, no. 3 (2023): 182–203. http://dx.doi.org/10.37239/0869-4400-2023-20-3-182-203.

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As of today, some civil law jurisdictions have adopted domestic trust legislation acknowledging a trust as a form of ownership. Several civil law jurisdictions have recognised foreign trusts in recent years as a regulatory and tax matter, in order to find and document the offshore assets of their taxpayers and other jurisdictions have adopted the Hague Trust Convention on the Law Applicable to Trusts and on Their Recognition 1985, simplifying the construction and recognition of foreign trusts, because the Convention imports specific conflict of law provisions into the law of the countries that
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Mohammed Imad Ali, Aznan Hasan, and Ashurov Sharofiddin. "AN ASSESSMENT OF ENFORCEABILITY OF FOREIGN JUDGMENTS AND SPV INCORPORATION IN SUKUK WITH A SPECIFIC REFERENCE TO SAUDI ARABIA, UAE, AND BAHRAIN." IIUM Law Journal 30, S2 (2022): 385–422. http://dx.doi.org/10.31436/iiumlj.v30is2.773.

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In both Islamic and conventional finance, SPVs (Special Purpose Vehicles) are a crucial part of securitisation. In an Islamic mode of securitisation, the SPV is accountable to facilitate the management of Sukuk, holding the title of the underlying asset, serving as a bankruptcy remote, and facilitating the cash flow for the investors. While Sukuk agreements are primarily regulated by English law, Sukuk's Shari’ah framework and underlying contract are governed under the jurisdiction of the local laws where Sukuk assets are located. Given this background, the study aims to examine the enforceabi
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O'Connor, Kimberly, Michelle Drouin, Nicholas Yergens, and Genni Newsham. "Sexting Legislation in the United States and Abroad: A Call for Uniformity." International Journal of Cyber Criminology 12, no. 2 (2017): 218–45. https://doi.org/10.5281/zenodo.1037397.

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In this study, we analyzed the sexting laws of 50 states in the United States (U.S.) and the District of Columbia, as well as five English-speaking international countries (Australia, Canada, England, New Zealand, and South Africa). We also examined laws related to aggravated circumstances, such as in cases of revenge porn. Our analyses revealed considerable variation, both in U.S. and international law, with some jurisdictions relying on archaic child pornography statutes to prosecute teenage sexting cases and others, developing new, extensive legislation that addresses various types of onlin
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Almeajel, Badar Mohammad. "Franchising Contracts and its Legal Issues: A Sight on the UK and US Laws." JOURNAL OF SOCIAL SCIENCE RESEARCH 20 (January 23, 2024): 12–16. http://dx.doi.org/10.24297/jssr.v20i.9566.

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Franchising, being a widely adopted business strategy on a worldwide scale, is dependent on complex legal structures that regulate the interactions between franchisors and franchisees. This article presents an informative overview of franchising contracts and the associated legal issues, focusing on a comparative analysis between the United Kingdom (UK) and the United States of America (US). This paper aims to provide insight into the structure, regulation, and enforcement of franchising contracts in two different jurisdictions. Through careful examination, the specific characteristics of both
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Smith, Robert Brian. "Cybercrime in ASEAN: Anti-Child Pornography Legislation." Journal of Indonesian Legal Studies 5, no. 2 (2020): 277–94. http://dx.doi.org/10.15294/jils.v5i2.37931.

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Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterri
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Jolk, Christophe, and David Russell. "Qatar financial centre foundations." Trusts & Trustees 25, no. 6 (2019): 611–16. http://dx.doi.org/10.1093/tandt/ttz040.

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Abstract Like other Gulf Cooperation Council (GCC) jurisdictions, the Qatar Financial Centre (QFC) Foundation has very favourable private wealth and estate planning aspects, since it picks some of the best features in the common and civil law models and blends them into a single legal framework. One of the advantages of a QFC Foundation over a trust, for instance, is its legal personality and ability to own assets. Similar to other foundation laws within the GCC area, the QFC Foundation does not require a ‘dedicated fund appropriated to a specified purpose’ and also has a specific ‘firewall’ p
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Gourdet, Camille, François Gagnon, Craig Moscetti, and Ivana Obradovic. "Regulating Private and Public Places of Non-Medical Cannabis Consumption in North America: Public Health and Public Safety Issues." Journal of Canadian Studies 55, no. 2 (2021): 279–306. http://dx.doi.org/10.3138/jcs-2020-0037.

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The legalization of cannabis has necessitated a debate about the specific public or private places in which the consumption of cannabis should be lawfully allowed. Relevant federal, and state or provincial, laws governing the public consumption of cannabis as of April 2020 were retrieved through primary legal research in LexisNexis and official government websites. Across various states and provinces within the United States and Canada, three types of cannabis-related regulatory regimes have emerged. Quebec has adopted the most restrictive type of regulatory framework. Quebec generally prohibi
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Khoshnazar, Mahsa Farshbaf, and Younes Aghapour Sabagh. "Comparative Study of Multi-Tiered Dispute Resolution Clauses in Iran and England: Legal Frameworks and Enforceability." European Business Law Review 35, Issue 7 (2024): 989–1006. http://dx.doi.org/10.54648/eulr2024051.

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Dispute resolution clause plays a pivotal role in international commercial contracts, shaping the way conflicts are resolved between parties from different legal and cultural backgrounds. This paper conducts a comprehensive comparative analysis of multi-tiered dispute resolution clauses within the legal frameworks of Iran and England. By examining these two distinct jurisdictions, we aim to provide valuable insights into the complexities and nuances of drafting and enforcing such clauses in international contracts.The paper begins by elucidating the concept of multi-tiered dispute resolution c
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15

Hershey, Tina Batra. "Collaborating with Sovereign Tribal Nations to Legally Prepare for Public Health Emergencies." Journal of Law, Medicine & Ethics 47, S2 (2019): 55–58. http://dx.doi.org/10.1177/1073110519857318.

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Public health emergencies, including infectious disease outbreaks and natural disasters, are issues faced by every community. To address these threats, it is critical for all jurisdictions to understand how law can be used to enhance public health preparedness, as well as improve coordination and collaboration across jurisdictions. As sovereign entities, Tribal governments have the authority to create their own laws and take the necessary steps to prepare for, respond to, and recover from disasters and emergencies. Legal preparedness is a key component of public health preparedness. This artic
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Nor Asiah Mohamad. "DEVELOPMENTS IN HARMONISATION OF SHARĪꜥAH AND LAW ON WAQF". IIUM Law Journal 32, № 2 (2024): 59–86. https://doi.org/10.31436/iiumlj.v32i2.989.

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Sharīꜥah-compliant social finance products are in high demand worldwide. Waqf is one of the above instruments based on which can be designed and implemented in line with Sharīꜥah. The complexities in Malaysia due to the adoption of the dual legal system, the federal-state background, and the exclusive jurisdiction of the state on Islamic matters have, to a certain extent, produced differences in procedures and laws, as well as in the area of waqf. This paper highlights the justification for, the processes related to, and developments in the harmonisation of waqf related laws in Malaysia, withi
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17

Stojšić-Dabetić, Jelena. "International jurisdiction: Dilemmas of a specific procedural issue." Pravo - teorija i praksa 42, no. 1 (2025): 77–92. https://doi.org/10.5937/ptp2501077s.

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International jurisdiction, as a special type of jurisdiction exercised by national courts or other bodies to resolve private law disputes with a foreign element, is activated whenever a relevant foreign element exists in the dispute. This foreign element may either define the civil or commercial law relationship or link the dispute to a state, or several states, other than the state of the court. Issues related to international jurisdiction fall under the domain of international civil procedural law, and the applicable procedural rules are outlined in the Law on the Resolution of Conflicts of
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18

Neels, Jan L. "The Revocation of wills in South African Private International Law." International and Comparative Law Quarterly 56, no. 3 (2007): 613–21. http://dx.doi.org/10.1093/iclq/lei184.

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This article deals with the revocation of wills in South African private international law with reference to other Commonwealth jurisdictions and the provisions of the Hague Convention on the Conflict of Laws Relating to the Form of Testamentary Dispositions (1961). Specific reference is made to section 3bis(1) (d) of the South African Wills Act 7 of 1953 (which is partially based on Article 2 of the Convention) and to revocation of wills by marriage and divorce.
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von Segesser, Georg, and Katherine Bell. "Arbitration of Trust Disputes." ASA Bulletin 35, Issue 1 (2017): 10–39. http://dx.doi.org/10.54648/asab2017003.

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Trusts instruments are nowadays widely used for commercial purposes. Although news coverage surrounding offshore leaks have had a negative impact on the public perception of trusts, this is but one very specific aspect of trusts and disregards the fact that trusts are used for many legitimate purposes and with full fiscal transparency. The article explains the characteristics of trusts and the fact that in recent years they have reached civil law legal systems and are no longer confined within their traditional borders of common law. The Hague Convention on the Law Applicable to Trusts and the
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Haque, Amarta Yasyhini Ilka, and Muh Endriyo Susila. "THE URGENCY OF MEDICAL MARIJUANA LAWS IN INDONESIA." Diponegoro Law Review 9, no. 2 (2024): 223–40. https://doi.org/10.14710/dilrev.9.2.2024.223-240.

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Marijuana legalization remains a contentious public health issue in Indonesia. Despite public debates sparked by a mother's appeal for medicinal marijuana last June, Indonesia maintains strict anti-drug measures under its Narcotics Law, which prohibits the use of all elements of marijuana in medical treatments. However, medicinal marijuana has gained recognition in other jurisdictions for its potential to treat various chronic illnesses. This study employs a doctrinal legal research methodology, relying on secondary sources, legislation, and scholarly analyses. The findings emphasize the urgen
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Jacobson, Willow S., and Kristina T. Lambright. "The Development of County HR Policies: The Perspectives of Counties in Two States." Public Personnel Management 47, no. 4 (2018): 398–418. http://dx.doi.org/10.1177/0091026018770233.

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We conducted 40 semi-structured interviews with county HR directors (20 in New York, 20 in North Carolina) to learn more about the development of internal HR policies. Key resources used by directors in both states include other jurisdictions, colleagues in other county departments, state and federal agencies, laws and statutes, professional associations, and information gathered from general Internet searches. More than half of the HR directors reported using internal working groups, and almost two-thirds indicated that they systematically reviewed the implications of policies for specific de
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Liao, Carol, Elsir U. Tawfik, and Pat Teichreb. "The Global Social Enterprise Lawmaking Phenomenon: State Initiatives on Purpose, Capital, and Taxation." Windsor Yearbook of Access to Justice 36 (December 11, 2019): 84–114. http://dx.doi.org/10.22329/wyaj.v36i0.6068.

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New laws designed to foster and govern social enterprises are propagating throughout the world. Beyond American initiatives, relatively little has been written to date on the global contagion of lawmaking to address the burgeoning field of social enterprise. Increased corporate lobbying to transplant American “benefit” corporation legislation into other countries, with little sensitivity towards existing legal ecosystems in those nations, has generated an urgency to broaden the literature and unearth the wide range of social enterprise law initiatives occurring across the globe. This article i
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Chuma-Okoro, Helen. "The Nigerian Constitution, the ecowas Treaty and the Judiciary: Interplay of Roles in the Constitutionalisation of Free Trade." Global Journal of Comparative Law 4, no. 1 (2015): 43–78. http://dx.doi.org/10.1163/2211906x-00401002.

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This paper discusses the Nigerian Constitution and the ecowas Treaty to determine whether and how they support free trade as envisioned in the Treaty, and the role of the judiciary in the realisation of this objective. Focusing on the ecowas Community Court and Nigerian superior courts vested with jurisdiction over constitutional matters, it argues that specific constitutional norms and policies of Nigeria inhibit the realisation of the objectives of free trade as constitutionalised in the ecowas Treaty. Relying on the principles of direct applicability and direct effect, and the arguments dev
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Kirkpatrick, Katherine, Christine Savage, Russell Johnston, and Matthew Hanson. "Virtual currency in sanctioned jurisdictions: stepping outside of SWIFT." Journal of Investment Compliance 20, no. 2 (2019): 39–44. http://dx.doi.org/10.1108/joic-04-2019-0019.

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Purpose To understand and analyze sanctions evasion and enforcement via virtual currencies. Design/methodology/approach Discusses various jurisdictions’ attempts to further the use of virtual currency to facilitate and maximize access to international funds; analyzes the aspects that make virtual currency uniquely suited to evade sanctions; suggests best practices for industry participants to be sure to account for the differences in crypto asset structure and related risks. Findings The US Treasury Department’s Office of Foreign Assets Control (OFAC) has explicitly stated that despite virtual
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Chumachenko, Ivan N. "Specific Issues of the Resolving of the Internal and Cross-Border Conflict of Laws in the United States of America." Herald of Omsk University. Series: Law 17, no. 4 (2020): 31–40. http://dx.doi.org/10.24147/1990-5173.2020.17(4).31-40.

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Introduction. The relevance of the article is due to the development of cross-border trade relations with the participation of residents of the United States of America and other states, in particular, and interest in questions about the correct choice of the applicable law in the framework of legal relations with the participation of US residents carried out in the territory or under the jurisdiction of the United States. Purpose. The author aims to consider the basic concepts, as well as some features of resolving conflicts arising between the provisions of federal law, the laws of certain s
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Russell QC, David. "Trusts and foundations move onshore in the Gulf." Trusts & Trustees 27, no. 4 (2021): 311–20. http://dx.doi.org/10.1093/tandt/ttab016.

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Abstract Commencing in the 7th-century CE, the notion developed in Islamic jurisprudence that property, although legally owned by a person, might nonetheless be subjected to enforceable obligations that it be utilised for the benefit of specific purposes (usually religious) or, later, for individuals, be they the recipients of charity or family members. Such property was said to be in detention (“waqf”). Later, similar legal concepts developed in the common law world (in the form of trusts) and the civil law world (in the form of foundations). In the Gulf Co-operation Council (GCC) states (the
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Chan, Clara Ho-yan, and Marcus Galdia. "Problems in English-Chinese and Chinese-English legal translation: with a case study of mistranslations." Comparative Legilinguistics 55 (September 20, 2023): 118–47. http://dx.doi.org/10.14746/cl.55.2023.8.

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In this article, characteristic features of the Chinese legal language are approached from the perspective of legal translation from and into Chinese. The main focus is put upon the emergence of meaning in legal texts, which is reflected in the process of legal translation. Problems of meaning emergence in the Chinese law are regularly connected to legal transfers and legal implants borrowed from foreign languages such as English as well as other text forming devices. Translation is regularly inherent in such processes. As a result, legal translation influences processes in which legislation a
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Florea, Dumitrița, and Narcisa Galeș. "The Impact of Cross-Border Mobility on the Family." European Journal of Law and Public Administration 11, no. 2 (2024): 32–39. https://doi.org/10.18662/eljpa/11.2/229.

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Determining the national law that will apply to a legal relationship with an element of foreign law is a central objective of private international law. This involves the use of conflict-of-law rules to identify the most appropriate law, given the nature and specific characteristics of the legal relationship in question. Determining the competent court to resolve disputes involving elements of foreign law is essential for the functioning of the international legal system. This objective includes identifying the court that has jurisdiction and can deliver a valid judgment in an international co
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Chatterjee, Nandini. "REFLECTIONS ON RELIGIOUS DIFFERENCE AND PERMISSIVE INCLUSION IN MUGHAL LAW." Journal of Law and Religion 29, no. 3 (2014): 396–415. http://dx.doi.org/10.1017/jlr.2014.20.

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AbstractThis article investigates the “pre-history” of the colonial and postcolonial personal (status) laws of India, which tie religious identity with legal status, particularly in matters of family law. It examines the concept of law and legal jurisdictions in Mughal India (1526-early eighteenth century; officially 1857): a unique political formation in which an Islamic state ruled over a populace which was predominantly non-Muslim. Using Mughal official orders, Persian-language legal documents produced between the sixteenth and eighteenth centuries, and Persian-language legal formularies, t
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Michel, Katie H., Ryan D. Treffers, Erin O’Malley, and Sabrina S. Adler. "Overview of State Laws Restricting Alcohol Outlet Density in the United States." Journal of Public Health Management & Practice 30, no. 4 (2024): 558–66. http://dx.doi.org/10.1097/phh.0000000000001944.

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Objectives: Complementing the extensive research literature demonstrating that increased alcohol outlet density is associated with excessive alcohol consumption and related harms, this article synthesizes information on the types of alcohol outlet density restrictions in US state-level laws. Design: Statutes and regulations related to alcohol outlet density in all 50 states and the District of Columbia in effect as of January 1, 2022, were collected using Westlaw. State-level density restrictions were coded according to 4 variables and overlaid with existing research on state-specific local au
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Lynch, Nessa. "Towards a Principled Legal Response to Children Who Kill." Youth Justice 18, no. 3 (2018): 211–29. http://dx.doi.org/10.1177/1473225418819056.

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This article surveys common-law jurisdictions, finding that the typical response to a homicide charge against a child is prosecution and sentencing in the adult jurisdiction. Reforms, such as alterations to trial procedure, and lower sentencing starting points have focussed on mitigating the excesses of adult trial and sentence. A principled approach requires a different lens. Practical strands of an age-appropriate response include custody as a last resort and only where there is a risk to public safety, an automatic prohibition on publication of identifying biographical details, and a child-
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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 (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,
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Salman, Nadhratul Wardah, Md Sohel Rana, and Saroja Dhanapal. "LEGAL FRAMEWORK OF ARREST AND POST-ARREST SAFEGUARDS: A COMPARATIVE ANALYSIS AS TO THE LAWS OF BANGLADESH, INDIA, AND THE UNITED KINGDOM." IIUM Law Journal 29, no. 2 (2021): 363–86. http://dx.doi.org/10.31436/iiumlj.v29i2.645.

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The rights of arrested persons during arrests and after arrests are significantly important because the act of arrest restricts persons’ rights to liberty that are protected by the laws of all countries including Bangladesh, India, and the United Kingdom (UK). These restrictions have raised several concerns over the years. While compliance with the laws on arrest is mandatory, the actual implementation of these laws is still questionable. There are obvious gaps between the provisions of the existing laws and the actual practice. Past research also suggests that the legal structure of arrest an
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Mihus, Iryna, Volodymyr Zahorskyi, and Andriy Lipentsev. "NAVIGATION IN E-GOVERNMENT: THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE FORMATION OF THE LEGAL FRAMEWORK FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS." Public Administration and Law Review, no. 3(19) (September 30, 2024): 17–34. http://dx.doi.org/10.36690/2674-5216-2024-3-17-34.

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The integration of artificial intelligence (AI) into electronic government (e-government) systems is revolutionizing public administration by enhancing efficiency and improving service delivery. However, the adoption of AI technologies in this context also raises complex legal challenges, particularly concerning intellectual property (IP) rights. Traditional IP laws, which were developed with human authorship in mind, struggle to accommodate the unique characteristics of AI-generated content. This article examines how AI is reshaping the legal framework for IP protection within e-government sy
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Sayre, Stephen D., and Todd Grant Gattoni. "Attention API Suppliers: Quality Agreements are here to Stay." Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 5, no. 1 (2007): 39–44. http://dx.doi.org/10.1057/palgrave.jgm.4950084.

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US pharmaceutical manufacturers are increasingly requiring their active pharmaceutical ingredient (API) suppliers to sign quality agreements. This trend — if properly managed by finished-dosage manufacturers — should enable them to enhance the quality of their products without unduly burdening API suppliers. As many of these suppliers are now located in developing industrial countries, this trend will have a significant impact on global supply chains in the pharmaceutical industry. This paper, examining quality agreements from the vantage point of the contract lawyer, will discuss (1) the regu
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Kokuja, Ueda. "The legal vacuum on surrogacy: Risks and challenges under European Human Rights standard’s." European Journal of Economics, Law and Social Sciences 9, no. 2 (2025): 32–43. https://doi.org/10.2478/ejels-2025-0014.

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Abstract This research paper carried out a judicious examination of the mainstream legislative lacuna pertaining to surrogacy within the Albanian jurisdiction, which actually lacks an integrated and specific normative system governing this progressively salient modality of assisted reproductive technology. Nevertheless, the accelerating recourse to every domestic and cross-border surrogacy arrangements, Albanian legislation remains prominently absent, generating significant legal uncertainty on the matter of parentage, how a child born using surrogacy is recognized in the legal system. Through
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Peleggi, Roberta. "Assignment of Contracts: Italian Law and the UNIDROIT Principles of International Commercial Contracts in Parallel." ELTE Law Journal, no. 2 (December 14, 2023): 41–61. http://dx.doi.org/10.54148/eltelj.2023.2.41.

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In contemporary business relations, the possibility for one party to a contract to transfer all of its rights and obligations under the contract to a third party by way of a voluntary act is of great utility. While the possibility to do this generally exists in jurisdictions across Europe, the rules by which it must be done can differ under the relevant national laws, not to mention the fact that a specific legal regime is not articulated in most civil codes. Against this background, this paper compares the approaches taken in Italian law and the uniform rules elaborated at an international le
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Lewis, Penney. "Rights Discourse and Assisted Suicide." American Journal of Law & Medicine 27, no. 1 (2001): 45–99. http://dx.doi.org/10.1017/s0098858800011163.

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The debate surrounding the legalization of assisted suicide has been galvanized in recent years by reports of specific cases of assisted suicide, primarily involving physicians such as Kevorkian and Quill, and by impassioned pleas for legalization and assistance in suicide from individuals suffering in the throes of terminal or agonizing diseases, such as Sue Rodriguez. Media attention on criminal trials of individuals accused of assisting in a suicide has heightened public awareness of the issue. The constitutionality of criminal prohibitions on assisted suicide has been tested in various jur
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Borovyk, Andrii, Iryna Tkachenko, Natalia Derevyanko, and Yaroslav Diakin. "Public official as a victim of criminal insult and defamation: Comparative Research." Cuestiones Políticas 41, no. 78 (2023): 739–58. http://dx.doi.org/10.46398/cuestpol.4178.50.

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The paper analyzes various issues relating to criminal liability for insulting and defaming a public official in several jurisdictions. The objective of this study was to clarify, by comparative reference to the criminal laws of various countries, whether insult and defamation constitute a crime or are perceived as non-criminal conduct. Based on the provisions of criminal legislation and international case law, as well as the case law of the European Court of Human Rights, the fine line between the fundamental principle of freedom of expression and abusive insults (defamation) has been demonst
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Navarro, Aitor, and Svetislav V. Kostić. "Pillar One and Mobility – A Truly Global Solution?" Intertax 51, Issue 12 (2023): 840–50. http://dx.doi.org/10.54648/taxi2023077.

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Mobility should be at the core of the reallocation of taxing rights debate. With such a premise in mind, this contribution addresses this issue within Pillar One in its two components: the apportionment of taxing rights to market jurisdictions on residual profits of the most significant MNEs worldwide (Amount A) and the standardization of the remuneration of related party distributors that perform baseline marketing and distribution activities in market jurisdictions (Amount B). The aim is to show that not only the mobility of individuals but also that of MNE structures when deciding on their
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Kilali, Zahra. "Specific jurisdiction in disputes of public utilities in the light of laws and jurisprudence." Milev Journal of Research and Studies 2, no. 2 (2016): 259–77. http://dx.doi.org/10.58205/mjrs.v2i2.1236.

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This Although the pros that register on the Civil Procedure Code andadministrative –principally singled specialized part of administrative disputesand procedures before the judiciary-, but he did not devoid of many of the gapsexposed by the applications later.And is the subject of the distribution of jurisdiction between the ordinaryadministrative and judicial authorities most important of these gaps and themost complex, distribution, although it put arbiter between specialists, but didnot constitute a precision and clarity are spent on the intensification of conflictsbetween the judicial auth
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42

Koutsouva, Alexandra. "The European Union’s List of Non-Cooperative Jurisdictions for Tax Purposes." EC Tax Review 29, Issue 4 (2020): 178–96. http://dx.doi.org/10.54648/ecta2020045.

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In December 2017, the European Union published for the first time a list of non-cooperative jurisdictions for tax purposes aiming at creating a dynamic tool in the battle against tax avoidance, whilst promoting worldwide tax good governance. This article aims to examine the efficiency of this blacklist through analysing the process followed for its compilation and the particular objectives that the EU wanted to achieve through this initiative. The main focus will be on categorizing the blacklisted countries and on finding the rationale behind each jurisdiction’s inclusion. However, after analy
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Segal, Talya, and Warren Maroun. "Tax risk-management analysis: Comparison between the United States of America, the United Kingdom and South Africa." Journal of Economic and Financial Sciences 7, no. 2 (2014): 375–92. http://dx.doi.org/10.4102/jef.v7i2.146.

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Tax risk-management (TRM) is a little-studied area of corporate governance, despite the proliferation of ever more complex tax legislation that can have a material impact on the sustainability of organisations. In this light, the aim of this research is to explore policies and procedures relied on by tax authorities in the United States of America, the United Kingdom and South Africa to encourage a culture of compliance with tax laws. For this purpose, the research differentiates between specific and generic tax risks. These include transaction, operational, compliance, financial accounting, p
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Khan, Abdus Samad, Tehseen Ullah, and Hamza Zakir. "Rule of Communication in Law of Contract: Revisiting Postal Rule under Modern Tools of Communication." Review of Education, Administration & Law 6, no. 1 (2023): 119–27. http://dx.doi.org/10.47067/real.v6i1.306.

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The postal rule, which was established in the 19th century, is still relevant in today's digital age, but its applicability has been called into question with the advent of modern forms of communication, such as email, text messaging, and instant messaging. This paper aims to address the issues related to application of rules of communication provided by Law of Contract. The issue regarding different jurisdictions handling the application of the postal rule in the context of electronic communication is also important to understand. It's important for parties involved in contract formation to b
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45

Cvetkovski, Trajce, and Neville Weston. "Mining Work Health, Safety Laws and Serious Industrial Crimes in Australia: Down the Shaft of Jurisdictional Inconsistency." Laws 14, no. 4 (2025): 49. https://doi.org/10.3390/laws14040049.

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This article examines the level of inconsistency in work, health and safety (WHS) laws across Australia’s mining sector. Despite general efforts towards national harmonisation through model WHS legislation, significant inconsistencies persist because individual states and territories retain primary regulatory control. A critical analysis of each jurisdiction’s legislative framework reveals a fragmented legal landscape. Queensland, especially, exhibits notable divergence. Key findings highlight a considerable variation in legislative approaches to risk management principles and specific obligat
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Jumayeva, Inji. "Features of the Legal Regime For Computer Programs and Databases in the World's Major Legal Systems." ANCIENT LAND 7, no. 1 (2025): 106–10. https://doi.org/10.36719/2706-6185/43/106-110.

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Legal regimes for computer programs and databases vary around the world, but share common principles for protecting intellectual property. Computer programs are primarily protected by copyright law, while patents for technical innovations are available in jurisdictions such as the US, EU and Japan. Databases may be protected by copyright for creative works and, in some regions, by additional sui generis rights (e.g. in the EU) or by laws specific databases (e.g. in Japan). Challenges include adapting to advances in artificial intelligence, big data and open source technologies, highlighting th
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Gloukhovtsev, Alexei, John W. Schouten, and Pekka Mattila. "Toward a General Theory of Regulatory Arbitrage: A Marketing Systems Perspective." Journal of Public Policy & Marketing 37, no. 1 (2018): 142–51. http://dx.doi.org/10.1509/jppm.16.0178.

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Businesses and consumers frequently exploit differences in laws and policies across jurisdictions to circumvent local laws, regulations, or restrictions. This practice, known as regulatory arbitrage, can have negative consequences for both business and social welfare. Although previous research examines regulatory arbitrage in specific contexts such as financial markets and the pharmaceutical industry, a general framework remains missing. Drawing on marketing systems theory, this study proposes a conceptualization that reflects the necessary conditions for regulatory arbitrage to occur across
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Richardson Oakes, Anne. "Judicial Resources and the Public Trust Doctrine: A Powerful Tool of Environmental Protection?" Transnational Environmental Law 7, no. 3 (2018): 469–89. http://dx.doi.org/10.1017/s2047102518000213.

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AbstractUnited Kingdom Supreme Court Justice Robert Carnwath has urged the judiciary to develop ‘common laws of the environment’, which can operate within different legal frameworks, tailored where necessary towards specific constitutions or statutory codes. One such mechanism with the potential for repositioning environmental discourse in both common law and civil law jurisdictions is the doctrine of the public trust. Basing their arguments upon a heritage of civil law and common law, supporters of the public trust doctrine are currently testing its scope in United States federal courts via g
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Nino, Kutsniashvili. "THE APPROACH TO DIVORCE: A COMPARATIVE STUDY OF FAULT AND NO-FAULT LAWS ACROSS COUNTRIES." Deutsche internationale Zeitschrift für zeitgenössische Wissenschaft 101 (April 2, 2025): 102–6. https://doi.org/10.5281/zenodo.15124876.

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Divorce is a complex legal process. while the specific procedures and requirements can differ, the complexities and emotional toll are universally recognized. In addition, it involves various legal, and financial complexities that vary across jurisdictions. The nature of divorce can be contested or uncontested, with different legal frameworks determining the process, from fault-based to no-fault systems. Divorce has profound emotional and psychological effects on individuals, often leading to stress and significant life changes. Understanding the multifaceted nature of divorce is crucial for n
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Segate, Riccardo Vecellio. "Drafting a Cybersecurity Standard for Outer Space Missions: On Critical Infrastructure, China, and the Indispensability of a Global Inclusive Approach." Journal of Asian Security and International Affairs 11, no. 3 (2024): 345–75. http://dx.doi.org/10.1177/23477970241261432.

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Despite limited progress within international institutions, the need for articulating a regulatory framework for cyber operations in outer space is becoming a pressing concern. One precondition for regulation is to share cybersecurity and outer-space common terminology that can inform the negotiation of standards, policies and laws. While the UN Institute for Disarmament Research has recently issued a baseline policy glossary, binding technical definitions are missing, and the lack of a binding international cybersecurity regime adds to the obsolescence of a binding outer-space regime tracing
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