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Journal articles on the topic 'Legals status, laws'
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Tillakhodjaeva, Khurshida D. "STATUS REGISTRATION OFFICES IN UZBEKISTAN." Journal of Social Research in Uzbekistan 02, no. 01 (January 15, 2022): 1–7. http://dx.doi.org/10.37547/supsci-jsru-02-01-01.
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This article highlights the problems and prospects of the initial activities of the registry office in Uzbekistan during the Soviet era. It also shows that the process of their implementation and the initial difficulties and obstacles after the publication of the basic laws in this area, the first laws of the Soviet state on marriage and family have legal force to register all natural affairs.
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Florea, Dumitriţa, and Narcisa Galeş. "Personal Status and Conflicts of Laws." European Journal of Law and Public Administration 9, no. 2 (December 20, 2022): 01–11. http://dx.doi.org/10.18662/eljpa/9.2/177.
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The legal status of the foreigner has always been of particular interest, as it has been found over time that the rights that a natural or legal person may have in a foreign country have particular consequences. Part of the population of a country other than the one in which he is located or lives, the foreigner who does not have Romanian citizenship, but who is found on the territory of a state, may have the status of stateless, refugee or displaced person. The foreigner's legal condition contains all the legal norms that regulate the legal acts and deeds of foreigners, natural or legal persons. The legal norms that regulate this matter are material norms that belong to Romanian law and, as such, the legal condition of the foreigner is subject to Romanian law, as the law of the forum, respectively as the law of the place where the foreigner is found. The sufficiently rich Romanian legislation that regulates the field took into account the particular nature of social relations, aiming to be as close as possible to concrete situations. The current trend, contained mainly in the provisions of the Civil Code that "liberalizes" the possibility of applying a different rule of law than the classical one, we consider to be a step forward and is in line with the obvious progress of the science of conflict law, also resulting from its historical evolution. The foreigner's legal status is made up of the set of rights and obligations they enjoy based on state legislation and according to international conventions. This means, concretely, the set of legal rules that regulate the foreigner's ability to use, i.e. the rights and obligations he has in a state as a foreigner. We emphasize that, also in the case of the legal person, the legal condition of the foreigner can be used, this being "that collective subject of law, holder of rights and obligations, whose personal status is governed by its national law".
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Kercher, Bruce. "Many Laws, Many Legalities." Law and History Review 21, no. 3 (2003): 621–22. http://dx.doi.org/10.2307/3595123.
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Peter Karsten asks why there might be a greater comparative propensity among CANZ historians than among those of the United States. Part of the reason may lie in the legal education many of us in Australia received, and in the formal legal status of many commonwealth countries until recently. As recently as the early 1970s, Australian law students were taught that English law was as significant as that made in the Australian courts. Appeals from the Australian Supreme Courts to the Privy Council were finally abolished only in 1986. From that time onward, there was a drive within the law schools to find differences from England, to look toward comparisons with other places than England.
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Ansori, Lutfil. "Regulations In Liew Of Statutes In States Of Emergency In Indonesia." Prophetic Law Review 4, no. 1 (June 1, 2022): 22–47. http://dx.doi.org/10.20885/plr.vol4.iss1.art2.
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The enactment of a Government Regulations in Lieu of Laws during states of emergency raises problems. This is evident so in the enactment of Government Regulation in Lieu of Law No. 1 of 2020 which was formed based on an emergency but used the framework of normal legal regime. Such has led to legal uncertainty and is hence vulnerable to abuse. This research was conducted to answer the problems regarding: the application of emergency laws in Indonesia and the government regulations in Lieu of Laws during states of emergency. This paper used normative legal research conducted by means of statutory, case study, and conceptual approaches. The study concludes that there have been some developments in the application of emergency law in Indonesia, since the status of the current public health emergency s is categorized as an emergency that must be responded to by legal regime in a state of emergency. From the aspect of legal regulation, it is apparent that there are various forms of emergency laws in Indonesia, and each of these legal forms has a different impact on the regulation and its legal binding power. However, the diverse arrangements of emergency laws are not supported by the standard concepts of the state of emergency and these arrangements tend to overlap which has caused ambiguity in the arrangement of emergency law in Indonesia. government regulations in lieu of laws that are stipulated the states of emergency bear the status of emergency regulations. Therefore, the issuance of a government regulations in lieu of Las in the state of emergency must comply with the legal principles of the state of emergency. On this basis, the issuance of government regulations in lieu of laws in the state of emergency must firmly determine the period of its validity as a way to ensure that the existence of the government regulations in lieu of laws does not create legal uncertainty.
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Fernández-Viña, Marcelo H., Nadya E. Prood, Adam Herpolsheimer, Joshua Waimberg, and Scott Burris. "State Laws Governing Syringe Services Programs and Participant Syringe Possession, 2014-2019." Public Health Reports 135, no. 1_suppl (July 2020): 128S—137S. http://dx.doi.org/10.1177/0033354920921817.
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Objective Law is an important factor in the diffusion of syringe services programs (SSPs). This study measures the current status of, and 5-year change in, state laws governing SSP operations and possession of syringes by participants. Methods Legal researchers developed a cross-sectional data set measuring key features of state laws and regulations governing the possession and distribution of syringes across the 50 US states and the District of Columbia in effect on August 1, 2019. We compared these data with previously collected data on laws as of August 1, 2014. Results Thirty-nine states (including the District of Columbia) had laws in effect on August 1, 2019, that removed legal impediments to, explicitly authorized, and/or regulated SSPs. Thirty-three states had 1 or more laws consistent with legal possession of syringes by SSP participants under at least some circumstances. Changes from 2014 to 2019 included an increase of 14 states explicitly authorizing SSPs by law and an increase of 12 states with at least 1 provision reducing legal barriers to SSPs. Since 2014, the number of states explicitly authorizing SSPs nearly doubled, and the new states included many rural, southern, or midwestern states that had been identified as having poor access to SSPs, as well as states at high risk for HIV and hepatitis C virus outbreaks. Substantial legal barriers to SSP operation and participant syringe possession remained in >20% of US states. Conclusion Legal barriers to effective operation of SSPs have declined but continue to hinder the prevention and reduction of drug-related harm.
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Yeoh, Peter. "Legal challenges for the cannabis industry." Journal of Money Laundering Control 23, no. 2 (January 13, 2020): 327–40. http://dx.doi.org/10.1108/jmlc-06-2019-0049.
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Purpose The purpose of this paper to examine laws and regulations applicable to cannabis in the USA and the UK, including legal reforms and international treaty obligations. Design/methodology/approach This study relies on primary data from statutes and secondary data from online and offline resources, including relevant case studies. Findings Federal laws in the USA and existing UK cannabis legal regime generally prohibit recreational use of cannabis. Increasingly, various individual states in the USA have enabled the use of cannabis health-related uses, thereby challenging the status of the UN treaties on drug enforcement. As the USA struggles to reconcile the conflicts between federal law on cannabis and individual states within its borders, much of the rest of the world, including the UK, are struggling with how best to reconcile their domestic positions with their UN treaty obligations. Social implications Recent disclosures of past recreational use of prohibited drugs by several candidates vying to be the UK Prime Minister suggests why understanding the laws governing the use of cannabis is useful and relevant to the general public. Originality/value This paper provides a general but integrated review of national laws in the USA and the UK, as well as international treaties governing the use of cannabis.
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Utama, Prof I. Made Arya. "The anomalous legal thought in building an equitable legal theory." Indonesia Prime 2, no. 1 (July 27, 2018): 33–39. http://dx.doi.org/10.29209/id.v2i1.14.
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The challenges of current and future Law Theories are not solely derived from within the Law itself, but also from the external about the law's enforceability in society. Therefore, the legal theories are currently experiencing anomalies. Legal Theory currently faced with the need to be able to bring about justice, certainty, order, and the benefits of protecting human rights as well as the sustainability of living creatures and the environment.The method applied in this article is the normative legal research method with the source of legal material from the legislation and related literature. Library study became the technique of collecting the legal material and qualitative analysis applied to the legal material which has been described to produce the conclusion of the problems studied in this article.The legal theory undergoes a shift following the perspective of legal scholars from classical times, modern times, and postmodern thinkers. The Depelovment Law Theory and Progressive Law Theory that grew up in the Postmodern era seeks to free the minds of the status quo, adopt legal ideas that are in line with the needs of the Indonesian people and the state that is moving in the crossroads of modernization. Laws are required to promote conscience implemented through legal products established by competent authorities, just laws, and laws protecting people and the environment.
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Ovechkina, Olga. "Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 392–98. http://dx.doi.org/10.36695/2219-5521.3.2020.26.
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entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice.
In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.
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Ovechkina, Olga. "Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 392–98. http://dx.doi.org/10.36695/2219-5521.3.2020.73.
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entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice.
In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.
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Zembatova, B. V., and I. A. Yakovlev. "Problems of Cooperation between the Caspian States: Investment and Legal Aspects." Economics and Management 26, no. 10 (December 26, 2020): 1080–91. http://dx.doi.org/10.35854/1998-1627-2020-10-1080-1091.
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Aim. The presented study aims to substantiate the objective need for legal regulation of interaction between the Caspian states in the development of Caspian resources as a starting point for balanced economic cooperation.Tasks. The authors develop baselines for analyzing the state of economic cooperation between the Caspian Five countries, laws and regulations adopted by the Caspian states to regulate interaction in the Caspian Sea; analyze the impact of the current legal regulator of relations on the possibility, nature, and directions of cooperation between the Caspian states in the investment sphere and key sectors (energy, trade, transport, etc.).Methods. This study uses general scientific methods of cognition in various aspects to substantiate approaches to analyzing the legal framework of Caspian economic cooperation, identify key problems of regulating the rights of the Caspian Five states as owners of the Caspian Sea, and propose major directions for solving these problems.Results. Analysis of laws and regulations governing the interaction between the Caspian Five states in the usage of the Caspian Sea and its resources in the context of the current stage of development of their relations shows the uncertainty of the legal status of the Caspian Sea to be the main reason for economic problems in the cooperation between the Caspian states. The identified problems determine the selection of approaches to the formation of the fundamentals of legal regulation of interaction between the Caspian states and their application to determining the content of such concepts as “the Caspian Sea as an object of law”, “legal status of the Caspian Sea”, and the principles of formation of norms regulating the legal status of the Caspian Sea serving as the main missing elements of the legal framework of cooperation between the Caspian states – the owners of the Caspian Sea and its resources.Conclusions. Establishing the legal status of the Caspian Sea has become one of the main goals and at the same time a major problem of interaction between the Caspian states in the investment sphere, energy, trade, and transport infrastructure since their unification into the five co-owners of the Caspian Sea. This problem has not been resolved to this day.
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Zhylkichieva, K. S., A. A. Kalybaeva, and G. Zh Koshokova. "MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY." BULLETIN 2, no. 390 (April 15, 2021): 250–55. http://dx.doi.org/10.32014/2021.2518-1467.77.
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The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.
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Bader, Max. "The Legacy of Empire: A Genealogy of Post-Soviet Election Laws." Review of Central and East European Law 37, no. 4 (2012): 449–72. http://dx.doi.org/10.1163/092598812x13274154887105.
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Flawed electoral legislation in post-Soviet states has facilitated the conduct of undemocratic elections. Many of the flaws in the election laws are not sui generis but, instead, originate from provisions in Soviet and post-communist Russian laws from which the post-Soviet legislators have borrowed. This article traces the origin and evolution of the election laws of nine post-Soviet states that have been perpetually undemocratic until at least 2010. The article demonstrates that most post-Soviet states have routinely disregarded recommendations by the OSCE and the Venice Commission directed towards the improvement of national election laws and that these laws largely continue to be shaped by Soviet and Russian legislation. In addition, the author points to the enduring impact of the Soviet legacy and the relatively hegemonic position of Russia in the region vis-à-vis the legislation of post-Soviet states, and highlights a widespread but occasionally overlooked form of institutional choice: legal borrowing (legal transplants) and adaptation. The present article also carries implications for the efforts of the OSCE and other actors to bring electoral legislation of the post-Soviet states more in line with appropriate international standards.
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Zachary, Shlomy. "Between the Geneva Conventions: Where Does the Unlawful Combatant Belong?" Israel Law Review 38, no. 1-2 (2005): 378–417. http://dx.doi.org/10.1017/s0021223700012772.
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The growing impact of terrorist acts in the past few years has lead to dramatic changes in the internal laws of the growing number of States that suffer from terrorism, but has also lead to various attempts to adapt international law - more specifically, the International Laws of War - to the new situation or threat, as many perceive it. The Laws of War, like most areas of Public International Law, deal with the relations between nations, while hardly dealing with non-governmental entities like terrorist organisations or the individual terrorist, thereby creating an apparent legal “loophole”. One of the solutions found by States in order to deal, legally, with terrorists, was by defining them “unlawful combatants”.This essay tries to examine the development of the term “unlawful combatant”, by examining some complications that might occur from the use of the term “unlawful combatant” as an intermediate, new status in international law. By using it as a new status. States try to exclude terrorists from finding protection under the Geneva Conventions, which are intended to safeguard various individuals during armed conflicts. After examining the term “unlawful combatant”, both from an historical and legal aspect, this essay will attempt to show that the existing Laws of War, which acknowledge only two statuses – the ‘civilian’ and the ‘combatant’ – provide a satisfactory solution to the problem of terrorism in its non-governmental sense. After exploring recent policies and legal developments in Israel and the Unites States, countries that use the term “unlawful combatant”, this essay will criticise the ambiguity of these definitions, and point out future problems that might arise from this ambiguity during armed conflicts.
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Pibaev, I. A. "КОНСТИТУЦИОННО-ПРАВОВОЕ РЕГУЛИРОВАНИЕ СТАТУСА РЕЛИГИОЗНЫХ СЛУЖИТЕЛЕЙ." Вестник Пермского университета. Юридические науки, no. 57 (2022): 454–75. http://dx.doi.org/10.17072/1995-4190-2022-57-454-475.
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Introduction: religious ministers are a special category of persons, often having a special status regulated not only by internal norms of religious organizations (e.g. those provided in sacred texts) but also by legal rules of the state. Purpose: to analyze the provisions of the constitutions of the UN member states and a number of basic laws of the constituent entities of federal states, to identify the features of the constitutional regulation of the status of religious ministers, the reasons for etatization and ‘constitutional silence’. Methods: the research mainly relies on the comparative legal method, used when analyzing the constitutions and laws of 193 countries (cross-study); the systematization method was employed to develop the author's classification of the identified norms into groups. Results: the analysis showed a terminological diversity in the texts of the constitutions; when studying the issue in question, it is advisable to use the term ‘religious minister’ as it allows covering this category of persons to the greatest extent possible. The author has identified six groups of norms reflecting the status of religious ministers: the norms governing participation in the management of state affairs; norms blurring the boundaries between secular and religious regulation; norms establishing privileges for clerics; norms ensuring the autonomy of religious associations; norms that regulate the exercise of freedom of religion through spiritual mentors; norms limiting the civil legal capacity of religious ministers and determining the legal force of religious rites and sacraments. The paper explains why some ‘standard norms’ have been established, including those forbidding religious ministers from participation in the management of state affairs. Conclusion: the author reveals the reasons behind the ‘constitutional silence’ and etatization of the norms on religious ministers in the constitutions, and also offers the ways to differentiate the status of clerics in the structure of constitutions.
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Hawkins, Summer Sherburne, Janet Chung-Hall, Lorraine Craig, Geoffrey T. Fong, Ron Borland, K. Michael Cummings, David Levy, and Sara C. Hitchman. "Support for Minimum Legal Sales Age Laws Set to Age 21 Across Australia, Canada, England, and United States: Findings From the 2018 ITC Four Country Smoking and Vaping Survey." Nicotine & Tobacco Research 22, no. 12 (July 1, 2020): 2266–70. http://dx.doi.org/10.1093/ntr/ntaa119.
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Abstract Introduction Although the United States has seen a rapid increase in tobacco minimum legal sales age (MLSA) laws set to age 21, there is wide variation across high-income countries and less is known about policy support outside of the United States. We examined the prevalence of support for tobacco MLSA 21 laws as well as associations by sociodemographic, smoking, and household characteristics among current and former adult smokers. Methods In this cross-sectional analysis, we used the 2018 International Tobacco Control Four Country Smoking and Vaping Survey to examine support for MLSA 21 laws among 12 904 respondents from Australia, Canada, England, and United States. Results Support for raising the legal age of purchasing cigarettes/tobacco to 21 ranged from 62.2% in the United States to 70.8% in Canada. Endorsement also varied by age, such that 40.6% of 18–20 years old supported the policy compared with 69.3% of those aged ≥60 years. In the adjusted regression model, there was also higher support among respondents who were female than male, non-white than white, those who did not allow smoking in the household than those that did, and those who had children in the household than those that did not. There were no differences by household income, education, or smoking status. Conclusions Most current and former smokers, including a sizable minority of those aged ≤20 years, support raising the legal age of purchasing cigarettes/tobacco to 21. Implications There was strong support for MLSA 21 laws among smokers and former smokers across Australia, Canada, England, and the United States, providing evidence for the increasing public support of the passage of these laws beyond the United States.
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Kruk, Emil. "Legal Status of Animals in Poland." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 119–31. http://dx.doi.org/10.17951/sil.2021.30.3.119-131.
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The article is of a scientific and research nature and it is aimed primarily at outlining the legal status of animals and to what extent legal regulations governing this status determine the level of humane protection of animals in Poland. To achieve this goal, first of all, the concept of “animal” needed to be made more specific, the principle of dereification discussed and its normative scope outlined, and the characteristics of an animal as a specific tangible good needed to be presented. The need to address the issue is determined primarily by the awareness that the way of human life and human attitude to animals has been changing with the development of civilisation. In any case, the changes that have taken place in this area in recent decades make the title issue topical and conducive to verify previous findings. It is assumed that the research carried out will contribute to the development of an optimal model of legal protection of animals and to the development of legal science. The very dissemination of the results is to raise the social awareness of the legal status of animals, which is one of the conditions of further progress of civilisation.
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Shulman-Laniel, Juliana, Jon S. Vernick, Beth McGinty, Shannon Frattaroli, and Lainie Rutkow. "U.S. State Ignition Interlock Laws for Alcohol Impaired Driving Prevention: A 50 State Survey and Analysis." Journal of Law, Medicine & Ethics 45, no. 2 (2017): 221–30. http://dx.doi.org/10.1177/1073110517720651.
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Objectives:Over the past two decades, all U.S. states have incorporated alcohol ignition interlock technology into sentencing laws for individuals convicted of driving while intoxicated (DWI). This article provides the first 50-state summary of these laws to include changes in the laws over time and their effective dates. This information is critical for policy makers to make informed decisions and for researchers to conduct quantitative evaluation of the laws.Methods:Standard legal research and legislative history techniques were used, including full-text searches in the Westlaw legal database and identification of state session laws. Because ignition interlock device (IID) laws often change over time, we identified the date of each law's initial enactment as well as the effective date of each law in its current form.Results:Beginning with California and Washington in 1987, all 50 states have enacted IID laws as a sentencing option for DWI offenders. Initially, most of these laws were discretionary. Today, however, 48 states mandate IID installation for at least some types of DWI offenders to maintain lawful driving privileges. Of these, 27 mandate an IID for all offenders; seven mandate an IID for repeat offenders only; and 21 for some combination of specific groups of DWI offenders, including repeat offenders, offenders with a blood alcohol content above a legislatively-specified level, and aggravated offenders (including those who harm someone else or who are convicted of a DWI with a child in the vehicle).Conclusion:States have wrestled with a number of IID policy issues, including for whom to mandate IIDs and whether to suspend a license for DWI prior to reinstating driving privileges with or without an IID. By understanding how state interlock laws differ, policy makers and researchers can ultimately better ascertain the impact of these laws.
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Maggs, Peter B. "Legal Data Banks in the United States and Their Use in Comparative Law." International Journal of Legal Information 22, no. 3 (1994): 214–27. http://dx.doi.org/10.1017/s0731126500024926.
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Wonderfull many places, in the Ciuile law, require an expert Arithmeticien, to vnderstand the deepe Iudgment, & Iust determinatiô of the Auncient Romaine Lawmakers. But much more expert ought he to be, who should be hable, to decide with æquitie, the infinite varietie of Cases, which do, or may happen, under every one of those lawes and ordinances Ciuile. Hereby, easely, ye may now coniecture: that in the Canon law; and in the laws of the Realme (which with vs, beare the chief Authoritie), Iustice and equity might be greatly preferred, and skilfully executed, through due skill of Arithmetike, and proportions appertainyng.John Dee The Mathematical Præface to the Elements of Geometrie of Euclid of Megara (1570), at [12].
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Paradise, Jordan. "The Legal and Regulatory Status of Biosimilars." American Journal of Law & Medicine 41, no. 1 (March 2015): 49–84. http://dx.doi.org/10.1177/0098858815591509.
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Alongside the constitutional controversy ultimately addressed by the Supreme Court, the colossal Patient Protection and Affordable Care Act (ACA) ushered in a new paradigm for regulation of biologics by the Food and Drug Administration (FDA). Nestled within the expansive ACA, the Biologics Price Competition and Innovation Act (BPCIA) set forth an abbreviated pathway to market for “biosimilar” and “interchangeable” biological products. While the current BPCIA implementation debate focuses chiefly on the scope of scientific and technical assessments by the FDA and the effect on the emergent biosimilar industry, two issues will prove essential for determinations of access to and costs of the resulting products: how the biosimilar and interchangeable biosimilar biologics are to be named, and whether pharmacist substitution is appropriate for products the FDA deems interchangeable. This article examines the current debate surrounding the use of nonproprietary names for biosimilar biologics, as well as state efforts to reconcile automatic substitution laws for the eventual products. In particular, the article addresses the implications for patients and the United States health care system, highlighting the potential negative effect on anticipated cost-savings, hindrances for effective tracking and reporting of adverse events, and a general lack of consistency in state laws.
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Kim, Daewon and 지영환. "Hologram-demonstration’s legal status and its conflicts with existing laws." 법과정책 22, no. 3 (December 2016): 57–86. http://dx.doi.org/10.36727/jjlpr.22.3.201612.003.
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Hao, Tang, and Mao Yexin. "Undesirable Governance." China Nonprofit Review 7, no. 2 (November 20, 2015): 189–214. http://dx.doi.org/10.1163/18765149-12341292.
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Since World War ii, international non-governmental organizations (ingos) have in general enjoyed significant development although their complete international legal status is not practically in place. However, during the recent course of accelerated economic globalization and waning national sovereignty, ingos’ development has been limited by the laws framed by the ingo-importing countries. This paper attempts to portray the dynamics of ingos’ legal environment by comparing the legal frameworks in different kinds of ingo-importing countries. It is concluded that different legal environments reflected the different clashes among sovereign states, global market and civil societies.
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Kunitsa, D. A. "Review of Some Aspects of the Russian Legislation on Fiduciary Management of Property and Personal Funds through the Prism of the Law on Trusts in the United States and Canada." Kutafin Law Review 9, no. 3 (October 5, 2022): 511–43. http://dx.doi.org/10.17803/2713-0525.2022.3.21.511-543.
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Enactment of new provisions of the Civil Code in the spring of 2022 on personal funds has increased the number of legally recognized instruments for management of property of others available in Russia (personal funds, investment funds of closed type and trust management agreements). This article reviews similarities between these three instruments and trusts formed under applicable laws of the United States and Canada. Such similarities suggest that certain legal mechanisms and approaches to legal issues developed in the United States and Canada should be taken into account for further development of the Russian law on personal funds and implementation of the law in practice. The article analyses certain aspects of the Russian legislation on management of property of others (legal status of each instrument, liability of the managers to the beneficiaries and liability of founders of personal funds for the obligations of such funds) and compares provisions of Russian law with relevant laws of the State of New York and the Province of Quebec.
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Pimentel, David, Michael Lowry, Timothy Koglin, and Ronald Pimentel. "Innovation in a Legal Vacuum: The Uncertain Legal Landscape for Shared Micro-Mobility." Journal of Law and Mobility, no. 2020 (2020): 17. http://dx.doi.org/10.36635/jlm.2020.innovation.
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The last few years have seen an explosion in the number and size shared micro-mobility systems (“SMMS”) across the United States. Some of these systems have seen extraordinary success and the potential benefit of these systems to communities is considerable. However, SMMS have repeatedly ran into legal barriers that either prevent their implementation entirely, confuse and dissuade potential users, or otherwise limit SMMS’s potential positive impact. This paper reflects a detailed study of state laws relating to SMMS and the platforms commonly used in these systems. The study uncovered many inconsistencies with micro-mobility laws across the country. Currently, many states lack clear definitions for these emerging forms of transportation, which do not otherwise fit neatly in the categories contemplated by existing law. Several states lack clear, state-level policies, which has led to discrepancies between state and local regulations. Further, there are several areas of micro-mobility law that are sharply inconsistent between states. All of these differences leave users confused as to what the law is and may discourage them from riding. A number of states are attempting to remedy inconsistencies and legislative silence by passing and proposing laws that regulate the use of electric bikes (“e-bikes”) and electric scooters (“e-scooters”), but even these efforts are unlikely to bring the consistency that is needed. Federal authorities should act to create uniform laws and work with states to adopt them, otherwise, the lack of a legal infrastructure may threaten to stifle the innovation and undermine SMMS’s promised returns.
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Reagan, Julie, and Carl Hacker. "Laws Pertaining to Healthcare-Associated Infections: A Review of 3 Legal Requirements." Infection Control & Hospital Epidemiology 33, no. 1 (January 2012): 75–80. http://dx.doi.org/10.1086/663204.
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We reviewed US state and territorial healthcare-associated infection (HAI) laws, specifically addressing 3 legal requirements: data submission, reporting of data to the public, and inclusion of facility identifiers in public reports. The majority of US states and territories have HAI laws. The 3 studied legal provisions are all commonly included in state HAI laws in varying forms; however, only a minority of states and territories specifically mandate all 3 legal requirements. The laws of the remaining states vary considerably.Infect Control Hosp Epidemiol 2012;33(1):75-80
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Dinata, Ari Wirya. "THE DYNAMICS OF RATIFICATION ACTS OF INTERNATIONAL TREATY UNDER INDONESIAN LEGAL SYSTEM." Jurnal Hukum dan Peradilan 10, no. 2 (July 31, 2021): 197. http://dx.doi.org/10.25216/jhp.10.2.2021.197-218.
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The Ratification Act is a legal product that states Indonesia's commitment to an international treaty. The constitutionality of these laws has been tested before the Constitutional Court. In its decision, the Constitutional Court stated that the Ratification Acts is the object of judicial review as stipulated in article 24 C paragraph (1) of the 1945 Constitution. Even though there were two differences of opinion in the verdict on the ASEAN Charter Ratification Laws review, namely the Justice: Hamdan Zoelva and Maria Farida. The two judges categorized the Laws on the Ratification of International Treaties, not in the category of laws reviewed by the Constitutional Court. This decision explains the position of the Ratification Law in the Indonesian legal system and its future implications. This paper discusses the position of the Ratification Acts under the Indonesian legal system and the implications that will occur after the future Constitutional Court decisions on the development and relations of national law and international law. This writing uses secondary data and also primary, secondary, and tertiary legal material. This writing found the inconsistency of Indonesia in making ratification acts of International Law. It emerges that implication to the status of ratification acts. Moreover, The Constitutional Court decision tries to clarify ratification acts under the Indonesian legal system.
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SUSANTO, I. Made Herman, and Ibrahim R. "Legal Status of Flat Unit Ownership Certificate (Strata Title) in Indonesia." PRIZREN SOCIAL SCIENCE JOURNAL 4, no. 2 (August 31, 2020): 74–77. http://dx.doi.org/10.32936/pssj.v4i2.155.
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This study seeks to examine the legal status of flat unit ownership rights between Law Number 5 of 1960 and Law Number 20 of 2011; by using normative legal research (statute approach and concept approach), this research concludes: the legal status of flat unit ownership certificate as stipulated in the Law Number 5 of 1960 and Law Number 20 of 2011 cannot be said to have a conflict of legal norms. The difference in interpretation of those laws can be resolved by: (1) The principle of lex specialis derogat lex generale, means specific laws (in this case is Law Number 20 of 2011 concerning Flats) overrides general laws (in this case is Law Number 5 of 1960 concerning Basic Agrarian Law); (2) Article 16 paragraph (1) letter h of Law Number 5 of 1960 concerning Basic Agrarian Law provides: other rights not included in the previously mentioned rights will be stipulated in the law, as well as the temporary rights as referred to in article 53; thus, the term flat unit ownership certificate can be accepted because it does not conflict with applicable laws and regulations.
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Tamara Lenard, Patti. "Democracies and the Power to Revoke Citizenship." Ethics & International Affairs 30, no. 1 (2016): 73–91. http://dx.doi.org/10.1017/s0892679415000635.
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Citizenship status is meant to be secure, that is, inviolable. Recently, however, several democratic states have adopted or are considering adopting laws that allow them the power to revoke citizenship. This claimed right forces us to consider whether citizenship can be treated as a “conditional” status, in particular whether it can be treated as conditional on the right sort of behavior. Those who defend such a view argue that citizenship is a privilege rather than a right, and thus in principle is revocable. Participating in a foreign state's military, treason, spying, or committing acts that otherwise threaten the national security of one's state may all warrant revocation. This article assesses the justifications given for the claimed power to revoke citizenship in democratic states and concludes that, ultimately, such a power is incompatible with democracy.I begin with a brief account of the claims given by contemporary democratic states for the “right to revoke.” Democratic citizenship is today commonly understood to beegalitarian, that is, it protects an equal basic package of rights for all citizens; and to be “the highest and most secure legal status,” that is, it is meant to be secure from unilateral withdrawal by the state. Formally, many democratic states have revocation laws on the books, but most of these have long been in disuse. Although I argue in this article that all revocation laws are inconsistent with democratic citizenship, I focus on the recent surge in proposed and implemented revocation laws, which are justified as essential to protecting national security.In the second section I outline three reasons to object to revocation laws. First, revocation laws discriminate between citizens based on their citizenship status. Second, since they single out those who are eligible for revocation, they apply unequal penalties for the same crime. Third, they are inadequately justified, in general, but also particularly to those who may be subject to them, because they are not adequately connected to the policy goal they are said to fulfill. I conclude with some brief observations concerning the ways in which revocation permits states to abrogate their shared responsibility for protecting the global community from dangerous individuals.
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Kakitelashvili, Mikhail M. "Prosecutor’s office in the system of public authorities in the CIS countries." Russian Journal of Legal Studies 6, no. 3 (April 1, 2020): 131–37. http://dx.doi.org/10.17816/rjls18999.
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The article reveals the place of the prosecutors office in the system of separation of powers of these states based on the analysis of the constitutions and legislation of the member states of the Commonwealth of Independent States. The purpose of the article is to determine the best ways to improve the legal status of the prosecutors office to increase the effectiveness of the Russian prosecutors office.
The objectives of the study are to identify the general and particular in the legal status of the prosecution bodies of the CIS member states, to identify the main trends in the development of the institute of prosecution in these countries.
The object of the research was social relations defining the place of the prosecutors office in the system of state power, and the subject was directly the norms of law governing the activities of the prosecution authorities and the practice of their application. The research methodology is general scientific methods of cognition (dialectical, analysis and synthesis, modeling, etc.). The article contains a comparative legal analysis of constitutions and laws on the prosecutors office of the CIS member states. The author comes to the conclusion that international associations of prosecutors have a significant influence on the process of forming the legal status of prosecution authorities in the world. It is concluded that in the CIS member states there was no uniform model of prosecution bodies and, accordingly, there was no uniform approach to determining the place of the institute of prosecution in the system of separation of powers.
On the basis of the study, a tendency has been revealed to increase the influence of the President on the institute of the prosecutors office in a number of CIS countries. The author, after analyzing the laws of the CIS countries and Russian law enforcement practice, comes to the conclusion that it is expedient to adopt legislative and organizational measures aimed at embedding the Russian prosecution authorities in the system of presidential authority.
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Savit, Eli. "States Empowering Plaintiff Cities." University of Michigan Journal of Law Reform, no. 52.3 (2019): 581. http://dx.doi.org/10.36646/mjlr.52.3.states.
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Across the country, cities are becoming major players in plaintiff’s-side litigation. With increasing frequency, cities, counties, and other municipalities are filing lawsuits to vindicate the public interest. Cities’ aggressive use of lawsuits, however, has been met with some skepticism from both scholars and states. At times, states have taken action—both legislative and via litigation—to preempt city-initiated suits. This Article contends that states should welcome city-initiated public-interest lawsuits. Such litigation, this Article demonstrates, vindicates the principles of local control that cities exist to facilitate. What is more, a motivated plaintiff city can accomplish public-policy goals that are important not just to the city, but to the state as a whole. Accordingly, this Article contends, states should do more than just tolerate city-initiated litigation: States should actively encourage it. Towards that end, this Article sketches out a path through which states can remove some of the legal barriers plaintiff cities frequently face. Specifically, states can provide cities the authority to enforce state laws (such as state consumer-protection laws). In addition, states can and should delegate to cities standing to sue as parens patriae—that is, on behalf of the people of the state. This Article is the first piece of scholarship to flesh out a theory under which states can delegate their parens patriae authority. And importantly—particularly in era of gerrymandered districts that dilute cities’ legislative power—this Article is also the first to argue that state delegation to cities can be effectuated not just through a state legislature, but by a motivated state attorney general.
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Andreeva, Elena M. "The Status of Environmental Laws on the Environment Quality Standards." Ecological law 6 (December 17, 2020): 15–19. http://dx.doi.org/10.18572/1812-3775-2020-6-15-19.
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This publication is devoted to the research of Russian legal regulation of environmental quality standards. So in the article the concept, functions and types of this group of environmental standards were investigated. Particular attention is paid to the controversial, problematic issues of the commented legal institution. As a result of the study, the author came to the conclusion that legislation on this field of environmental protection is developing rapidly. Meanwhile, many more environmental issues remain beyond the scope of the legal solution. So, the author found that there is no exhaustive, statutory list of physical indicators that are subject to state standardization. Commented standards are dispersed in a huge number of regulatory and technical acts, which are not ordered in any way. For the most part, many environmental quality standards are aimed at protecting human health. Physical standards of quality in the field of flora and fauna are practically absent. The article contains proposals for improving environmental legislation in the considered area.
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Muhammad Taufiq Hafid, Willy Talentaniko, and Yudi Pratama Tanjung. "Antinomi Kewenangan Mahkamah Konstitusi dalam Menguji Peraturan Pemerintah Pengganti Undang-Undang." Amsir Law Journal 2, no. 1 (September 23, 2020): 1–11. http://dx.doi.org/10.36746/alj.v2i1.27.
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Government Regulation a Substitute for laws (Perppu) is president right to regulate something in terms of compelling urgency. Perppu issued by the president must be immediately determined by the House of Representatives to be declared rejected or accepted. Article 24C Constitution of Republic Indonesia 1945 stipulates that authority of Constitutional Court is to only examine the law against Constitution of Republic Indonesia 1945, not the Perppu.
However, Constitutional Court through decision No. 138/PUU-VII/ 2009 states that the Constitutional Court has authority to examine Perppu against Constitution of Republic Indonesia 1945. The Perppu made by president make a new of legal norms that give rise to new legal status, new legal relationships and new legal consequences. Constitutional Court interprets that norms contained in Perppu are as binding as norms in the law. In conducting tests, Constitutional Court does not distinguish between formal and material laws.
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Letova, Natalya, and Igor Kozhokar. "Legal Status of a Child in Family Legislation of the Russian Federation and CIS: Comparative Legal Analysis." Russian Law Journal 7, no. 3 (August 17, 2019): 82–106. http://dx.doi.org/10.17589/2309-8678-2019-7-3-82-106.
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The authors identify characteristic features of how certain children’s rights are exercised under the family law of Russia and the legislation of the Commonwealth of Independent States (CIS). The norms of the CIS family law on children’s rights are specific; they adhere to national cultural traditions and customs that have an impact on the implementation and protection of children’s personal non-property rights. The authors point out that a child, under certain circumstances, can be a carrier not only of the rights and obligations provided for by the family codes of independent States, but also by family law of the CIS. The article points out to the need to define the law applicable to regulating relations where the participants have different or dual citizenship, or legal facts occurred on the territory of one State that is a member of the CIS. The authors describe a defect in Russian legislation regulating the status of a child with dual citizenship. The problem of legislative consolidation of the concept of proper upbringing of a child is addressed, as are ways that children may undertake self-protection of their rights granted in CIS member States. One peculiarity of the family codes of CIS member States is the norms regulating a child’s participation in personal non-proprietary and proprietary relations. Special attention is paid to alimony payments. Moreover, the authors consider the laws that regulate dissolution of a marriage, as well as how such dissolution affects the legal status of the child. The article focuses on deprivation of parental rights as a radical method of breaking the bond between a child and parents, distinguishing the deprivation of parental rights from their restriction. The authors consider adoption procedures, as well as the legal status of the adopted and adoptive parents. Each problem is considered by using the comparative legal research method.
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Cruz Ángeles, Jonatán. "Developing indigenous women´legal status in the inter-amerian law." Age of Human Rights Journal, no. 19 (December 19, 2022): 23–46. http://dx.doi.org/10.17561/tahrj.v19.7146.
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In this study, we begin by analysing the guiding legal principles and international standards that States must consider when developing laws, programs, and policies to protect indigenous women's human rights. Besides, we try to find out what priority issues States are trying to address. Once we establish the theoretical framework, we will review how, in practice, the Inter-American Commission and Court have examined some of the leading cases concerning the protection of the economic, social, and cultural rights of indigenous women. All this will lead us to understand the bases of indigenous women's worldview. Thus, we can propose the (de)construction of their legal status, which should suggest a necessary conquest of public spaces and conceive them as individuals, protecting their honour and recognizing their dignity.
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Galletly, Carol L., and Steven D. Pinkerton. "Preventing HIV Transmission via HIV Exposure Laws: Applying Logic and Mathematical Modeling to Compare Statutory Approaches to Penalizing Undisclosed Exposure to HIV." Journal of Law, Medicine & Ethics 36, no. 3 (2008): 577–84. http://dx.doi.org/10.1111/j.1748-720x.2008.306.x.
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Twenty-four U.S. states have enacted HIV exposure laws that prohibit HIV-positive persons from engaging in sexual activities with partners to whom they have not disclosed their HIV-status. From a public health perspective, HIV serostatus exposure laws can be viewed as structural interventions that seek to limit the spread of HIV by acting at the policy level. A central premise of these laws is that informed partners are more likely to protect themselves by declining sex, by substituting less risky activities for higher-risk ones, or by using condoms, than are uninformed partners. However, the effectiveness of these laws at preventing HIV transmission is not known.There is little standardization among existing HIV exposure laws, which vary substantially with respect to the sexual activities that are prohibited without prior serostatus disclosure. Among the strictest laws are those in Arkansas, Michigan, New Jersey, and Ohio which mandate disclosure prior to almost any type of sexual contact.
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Turner, Mary. "Modernizing slavery : investigating the legal dimension." New West Indian Guide / Nieuwe West-Indische Gids 73, no. 3-4 (January 1, 1999): 5–26. http://dx.doi.org/10.1163/13822373-90002575.
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Reviews the laws devised by the imperial government to dismantle the slave labor system in the period 1823-38 in order to locate the moment of articulation between chattel and wage slavery. According to the author, the distinguishing feature of these new laws was that the workers lost the right to labor bargaining. Abolition brought free status and civil rights, but the new labor system was not less rigorous.
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Kuznietsov, Serhii. "Status «ecological» obligations of a flag state as an integral part of the «genuine link» conception." Revista Amazonia Investiga 10, no. 47 (December 17, 2021): 190–96. http://dx.doi.org/10.34069/ai/2021.47.11.19.
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The modern legal regime of a flag State’s status “ecological” obligations is composed by a legislation (laws and regulations) of two levels: international and national. The legislation of both the levels is consistent with the generally accepted international rules, standards and recommended practices and procedures, the “UNCLOS’82”, the rights of States and prescribes, inter alia, measures to be taken for the protection and preservation of the marine environment pollution – measures to prevent, reduce and control pollution of the marine environment – the States’ “ecological” obligations. It is generally accepted in international maritime law to dived abovementioned obligations in: status “ecological” obligations of the “shore States”, status “ecological” obligations of the “port States” and status “ecological” obligations of the “flag States”. The research topic is certainly relevant given the almost catastrophic situation due to pollution of the world's oceans and the environment in general. The research methodology includes methods of analysis and synthesis, dogmatic method and comparative law method. This research focuses on the definition of the modern international legal regime of a flag State’s status “ecological” obligations. These obligations form a flag State’s legal status and could be qualified as an integral part of the “genuine link” conception. The author of the article concluded that the current conventions in the field of maritime law aimed at protecting the world's oceans play an important role, but no less important tasks are to improve national legislation of coastal countries, as well as proper implementation of both international and national norms aimed at the protection and restoration of the world's oceans.
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Leps, Ando. "States are Governed by Judicial Laws." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 12 (2018): 27–32. http://dx.doi.org/10.25143/socr.12.2018.3.27-32.
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Habilitated Doctor of Law, Professor Ando Leps in his article addresses the fact that countries are governed by judicial laws. Codified judicial acts and laws, according to the author’s pessimistic estimations, halt the degradation of the countries and societies, if such “stopping is ever possible”. Legal regulation is potentially belated since the nature and natural resources have been abused and destroyed over a period of time. Habilitētais tiesību zinātņu doktors profesors Ando Leps savā rakstā pievērš uzmanību tam, ka valstis pārvalda tiesiskie akti. Kodificētie tiesiskie akti un likumi, pēc autora pesimistiskā viedokļa, bremzē valstu un sabiedrības degradāciju, ja vien “to vispār ir iespējams nobremzēt”. Tiesiskā regulācija, iespējams ir novēlota, jo daba un dabas resursi ilgu laiku ir tikuši noziedzīgi izmantoti un iznīcināti.
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Zehra, Fatima, Hafiz M. Sheraz, and Muhammad Suleman. "A Legal Perspective on Blasphemy within Muslim, Secular and Non-Muslim States." Global Digital & Print Media Review IV, no. IV (December 30, 2021): 10–23. http://dx.doi.org/10.31703/gdpmr.2021(iv-iv).02.
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This research presents the legal perspective of blasphemy and it focusses on the blasphemy laws in different countries including five Muslim countries (Saudi Arabia, Iran, Egypt, Pakistan and Malaysia) three Non-Muslim countries (Denmark, England and Norway) and three secular states (Turkey, India and Indonesia). Results of the research demonstrate that blasphemy laws are present in all five selected Muslim countries. In case of Non-Muslim countries, laws have been demolished in England and Norway but present in Denmark where as, in case of secular states, these laws are present in all three countries. However, in India, blasphemy laws are more known by the name of ‘laws for hate speech’. Moreover, interviews from a lawyer and religious representatives explain that punishments for blasphemy should be given according to a certain procedure and states should play an active role in protecting the religious sentiments of their citizens.
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Baturin, Yuri M. "Artificial intelligence: legal status or legal regime?" Gosudarstvo i pravo, no. 10 (2022): 141. http://dx.doi.org/10.31857/s102694520022606-7.
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In Russia, like elsewhere in the world, artificial intelligence, robots and robotic technologies have been introduced into various fields of economy, and state and public life. The variety of spheres of application in which artificial intelligence in different forms is currently used and will be used in future, have implications for the legal system and require adequate legal developments that would take into account the features of these fundamentally novel and previously unknown technologies. The solution of this complex task, in its turn, involves theoretical understanding of multiple conceptual issues that can affect the success or failures of legal regulations in the area of public relations under consideration. The article considers Asimov’s laws of robotics and ethical norms that have been proposed for artificial intelligence in the Concept of development of regulation of relations in the sphere of artificial intelligence and robotics technologies for the period till 2024. The authors discuss the subject of criminal law assessment of robots’ behavior, and propose the understanding and definitions of notions like “ethics” and “lawfulness” of robots’ behavior, “ethical violations”, “offences”, “guilt” and “responsibility” of robots. The authors also analyze anthropomorphism as one of the strategies of social robotics, its pros and cons. The authors conclude that legislation should use as a starting point the functions of artificial intelligence and it should be uniform towards all emerging forms. At present stage of development, it is necessary to have a legal regime established for robots (artificial intelligence), while the legal status for them is the matter of future, when they will acquire real autonomy and will be able to carry out their own free choice of behavior.
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Cao, Như Thị Thùy. "Improving laws on Public-Private Partnership projects appraisal council – Experiences from Korean laws." Science & Technology Development Journal - Economics - Law and Management 4, no. 4 (November 1, 2020): First. http://dx.doi.org/10.32508/stdjelm.v4i4.677.
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Appraisal is an important stage in the preparation of Public-Private Partnership projects, which has an important influence on the project investment decision. However, the reality of the appraisal work over the past time has not been as effective as expected. To improve this situation, first of all, it is necessary to improve the legal basis of the organization, operation as well as the responsibility of the subject assigned to the appraisal task (the appraisal council). Only when the legal status of the appraisal council is independently designed, the composition of the appraisal council meets the professional requirements and the legal responsibility of each member of the appraisal council are clearly defined, thus the appraisal work can be done seriously and effectively. With the above orientation, this article will clarify Vietnamese legal regulations related to the appraisal council for Public-Private Partnership projects, including the current provisions of Decree 63/2018/ND-CP and the upcoming provisions of the Law on Public-Private Partnership Investment 2020. At the same time, this article will also compare with similar provisions of the Korean laws to have multidimensional views. On that basis, this article will propose a number of personal views to complete the legal basis for the appraisal of Public-Private Partnership projects in our country.
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Yakushova, E. S. "Unification of Conflict-of-Laws Rules in the Field of Adoption." Actual Problems of Russian Law, no. 7 (July 1, 2018): 62–70. http://dx.doi.org/10.17803/1994-1471.2018.92.7.062-070.
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The article examines the institution of international adoption within the framework of both domestic legislation and international legal regulation. The mechanism of conflict rules unification in the field of foreign adoption facilitates protection of the rights and interests of an adopted child to the greatest extent. The author refers to the Minsk Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Cases of 22 January 1993. The Minsk Convention stipulates that adoption and and its revocation are regulated under the laws of the adopter's citizenship. It also dwells on conditions supplementing this provision. The author analyzes the importance of concluding bilateral international treaties with respect of adoption and elucidates the content of international treaties. Thus, the Adoption Agreement between Russia and Italy focused on choosing adoptive parents. An obligatory condition for parents is registration of the adopted child in a consular office of the country of origin. The child obtains dual citizenship and can exercise the same rights and means of protection as other children who have the status of a citizen in the territory of the receiving state. The prohibition to adopt children from Russia is imposed only in relation to the US citizens, it does not affect international cooperation between Russia and other foreign states. The author believes that inclusion of conflict-of-laws rules into mutual legal assistance treaties concerning the issues of international adoption is unconditional. It is considered to be important for the cooperation between states in this area, as well as an excellent basis for further conclusion of bilateral treaties that will govern only foreign adoption.
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Agénor, Madina, Carly Perkins, Catherine Stamoulis, Rahsaan D. Hall, Mihail Samnaliev, Stephanie Berland, and S. Bryn Austin. "Developing a Database of Structural Racism–Related State Laws for Health Equity Research and Practice in the United States." Public Health Reports 136, no. 4 (February 22, 2021): 428–40. http://dx.doi.org/10.1177/0033354920984168.
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Objectives Although US state laws shape population health and health equity, few studies have examined how state laws affect the health of marginalized racial/ethnic groups (eg, Black, Indigenous, and Latinx populations) and racial/ethnic health inequities. A team of public health researchers and legal scholars with expertise in racial equity used systematic policy surveillance methods to develop a comprehensive database of state laws that are explicitly or implicitly related to structural racism, with the goal of evaluating their effect on health outcomes among marginalized racial/ethnic groups. Methods Legal scholars used primary and secondary sources to identify state laws related to structural racism pertaining to 10 legal domains and developed a coding scheme that assigned a numeric code representing a mutually exclusive category for each salient feature of each law using a subset of randomly selected states. Legal scholars systematically applied this coding scheme to laws in all 50 US states and the District of Columbia from 2010 through 2013. Results We identified 843 state laws linked to structural racism. Most states had in place laws that disproportionately discriminate against marginalized racial/ethnic groups and had not enacted laws that prevent the unjust treatment of individuals from marginalized racial/ethnic populations from 2010 to 2013. Conclusions By providing comprehensive, detailed data on structural racism–related state laws in all 50 states and the District of Columbia over time, our database will provide public health researchers, social scientists, policy makers, and advocates with rigorous evidence to assess states’ racial equity climates and evaluate and address their effect on racial/ethnic health inequities in the United States.
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Abubakir Kareem, Bokan. "Gender Change and Its Legal Implications in The Iraqi Personal Status Law - Analytical Study." Journal of Legal and Political Studies 8, no. 1 (June 1, 2020): 344–70. http://dx.doi.org/10.17656/jlps.10176.
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Varga, Csaba. "Theory of law. Legal ethnography, or the theoretical fruits of inquiries into folkways." SOCIOLOGIA DEL DIRITTO, no. 1 (July 2010): 81–101. http://dx.doi.org/10.3280/sd2010-001004.
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Encounters - Disciplines -The lawyerly interest - Law and/or laws - Conclusion. Rechtliche Volkskunde is distinguished from legal anthropology, and the latter from both legal ethnology and legal pluralism, as well as from research on aboriginal law, claiming the first three to be law-related parts of non-legal disciplines, in contrast to Ethnologischer Jurisprudenz and anthropology of law, taken as directions within the field of jurisprudence. For the time being, none of the first has erected its own theories, nor has socio-ethnography interfered with legal theorising. Since Ehrlich and Weber realised that laws may prevail independently of the states' "Westphalian duo", a number of attempts at both extending and narrowing the law's usual remit has been tested. Considering the pendulum movement between monism and pluralism in a historical perspective, renaming what is at stake by altering the terminology is not and should not be a primary issue. As formulated by the author a quarter of a century ago, "Law is (1) a global phenomenon embracing society as a whole, (2) able to settle conflicts of inter- ests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society".
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Ferrey, Steven. "Tightening the Legal ‘Net’: The Constitution’s Supremacy Clause Straddle of the Power Divide." Michigan Journal of Environmental & Administrative Law, no. 10.2 (2021): 415. http://dx.doi.org/10.36640/mjeal.10.2.tightening.
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This article analyzes Constitutional Supremacy Clause tensions in preempting state law that addresses climate change and the rapid warming of the Planet. Net metering laws, enacted in 80% of U.S. states, are a primary legal mechanism to control and mitigate climate warming. This article analyzes three recent federal court decisions creating a preemptive Supremacy Clause stand-off between federal and state law and presents a detailed state-by-state analysis of which those 80% of states’ laws could be preempted by legal challenge. If state net metering laws affected only ordinary technologies, this issue would not be front and center with global warming. However, state net metering laws are the most widely deployed U.S. incentive for renewable energy to address climate warming. This article examines and documents, state-by-state, that 75% of the states with questionable legal practices a decade ago have changed their laws to avoid legal prohibitions, while some others have not. At the federal level, the federal government recently revised regulations substantially restricted four decades of federal regulatory incentives for small renewable energy projects pursuant to the key statute that President Jimmy Carter characterized as the federal response to fight the “moral equivalent of war!” In its conclusion, this article provides a legal path for states to insulate their state laws from Constitutional challenge while still effectively addressing climate change. There is much at risk in the legal structure of U.S. state net metering laws, as world climate approaches the tipping points that will alter regional and global environmental balances irreversible within the time span of our current civilization.
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Redd, Sara K., Roula AbiSamra, Sarah C. Blake, Kelli A. Komro, Rachel Neal, Whitney S. Rice, and Kelli S. Hall. "Medication Abortion “Reversal” Laws: How Unsound Science Paved the Way for Dangerous Abortion Policy." American Journal of Public Health 113, no. 2 (February 2023): 202–12. http://dx.doi.org/10.2105/ajph.2022.307140.
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Objectives. To longitudinally examine the legal landscape of laws requiring abortion patients be informed about the possibility of medication abortion (MAB) “reversal” (in quotes as it does not refer to an evidence-based medical procedure). Methods. We collected legal data on enacted state MAB-reversal laws across all 50 US states and Washington, DC, (collectively, states) from 2012 through 2021. We descriptively analyzed these laws to identify legal variation over time and geography, and conducted a content analysis to identify qualitative themes and patterns in MAB-reversal laws. Results. As of 2021, 14 states (27%)—mostly in the midwestern and southern United States—have enacted MAB-reversal laws. States largely use explicit language to describe reversal, require patients receive information during preabortion counseling, require physicians or physicians' agents to inform patients, instruct patients to contact a health care provider or visit “abortion pill reversal” resources for more information, and require reversal information be posted on state-managed Web sites. Conclusions. Reversal laws continue a dangerous precedent of using unsound science to justify laws regulating abortion access, intrude upon the patient‒provider relationship, and may negatively affect the emotional and physical health of patients seeking an MAB. (Am J Public Health. 2023;113(2):202–212. https://doi.org/10.2105/AJPH.2022.307140 )
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Roelofs, Erwin R., and Gerco C. van Eck. "Ranking the Rules Applicable to Cross-Border Mergers." European Company Law 8, Issue 1 (February 1, 2011): 17–22. http://dx.doi.org/10.54648/eucl2011003.
Full textAbstract:
Since the implementation of the Tenth directive on cross-border mergers (CBMs) in the national laws of the Member States of the European Union, a clear statutory framework for cross-border legal mergers of limited liability companies exists which underlies the laws of different Member States of the EU. However, when implementing a cross-border legal merger, specific problems may arise in legal practice due to the principle of the cumulative application of the national merger laws and procedures governing the parties to the CBM.
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Vidal, Sabrina, and David Décary-Hétu. "Shake and Bake: Exploring Drug Producers’ Adaptability to Legal Restrictions Through Online Methamphetamine Recipes." Journal of Drug Issues 48, no. 2 (January 13, 2018): 269–84. http://dx.doi.org/10.1177/0022042617751685.
Full textAbstract:
Despite numerous regulations, methamphetamine consumption persists; its availability has even increased in the United States. Methamphetamine is produced in small labs and super labs that are differentiated by the quantity of drug they generate and by how they are embedded in trafficking networks. The stagnant statistics regarding methamphetamine consumption and lab seizures suggest that laws have been ineffective, partly due to the producers’ adaptability. To understand this adaptation, methamphetamine recipes collected online will be analyzed through a qualitative methodology. Emphasis will be placed on the impact of the American legislation toward synthetic drug production. This article describes how methamphetamine producers have adapted to get around the regulations. The producers synthesize the regulated precursors by extracting them from processed products. To comply with the quotas imposed by law, the producers limit their quantities used. This article suggests that producers keep abreast of legislations and perfect the recipes accordingly.
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Mohd Noor, Nor Azlina, Ahmad Shamsul Abd Aziz, and Mazita Mohamed. "CELEBRITY PERSONA: LEGAL RIGHTS IN MALAYSIA." International Journal of Law, Government and Communication 5, no. 19 (June 15, 2020): 145–55. http://dx.doi.org/10.35631/ijlgc.5190011.
Full textAbstract:
A celebrity has its own persona and has a right that can be protected by the law. The status of a celebrity can be obtained in certain circumstances such as through birth or descent as well as through skills or occupation. Celebrity rights are special and unique rights. This is because the right seems to be the property and belongs to the celebrity. The words celebrity is often associated with fame, money, power, publicity, extravaganza, achievements, fandom, culture, and is sometimes matters relating to scandal or even for something shameful. Accordingly, the public has no right to arbitrarily use the celebrity's right. Celebrity rights can be made up of three main rights which are personality, privacy, and publicity rights. In the age of social media, almost everyone can be a celebrity. Therefore, legal protection for celebrities is very important to be discussed. In Malaysia, there is no specific legislation regarding celebrity rights such as those found in other countries such as the United States. An issue that needs to be taken into account is in the absence of the specific law, how do the rights of these celebrities are legally protected in Malaysia. Therefore, this article discusses celebrity rights and related laws in Malaysia, especially under intellectual property law. This article applied the method of legal research through library research. This article concludes that while Malaysia does not have any specific legal provisions for celebrity rights, the infringement of celebrity rights can be catered upon through a variety of relevant laws such as intellectual property law like several provisions relating to copyright and trademark protection. In addition, with the advent of social media, celebrity rights are also protected by laws such as the Communications and Multimedia Act 1998. Privacy-related laws such as the Tort law and the Personal Data Protection Act 2010 can also be used to protect these celebrity rights.
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Liddell, Max, and Margaret Liddell. "Homogenising Australia’s child protection laws: Will the cream still rise to the top?" Children Australia 25, no. 2 (2000): 10–15. http://dx.doi.org/10.1017/s1035077200009664.
Full textAbstract:
This paper discusses the increasing similarity between Australia’s states and territories in their child protection legislation. The paper deals mainly with the principles underlying child protection laws, definitions of abuse and neglect, and the way legislation deals with the likelihood and severity of harm to the child. The trend is towards adopting a common set of principles, and definitions which are relatively precise in targeting particular ‘types’ of abuse and eliminating status offences. However there are significant differences even between states which broadly adopt this type of legislation, and some states adopt quite different approaches. There is still little consensus on how likelihood and severity of harm are dealt with. The paper, in welcoming the principle of common legislation, notes a wide range of issues in the developing legal paradigm which have been subject to little or no public debate. It is not clear that the increasing ‘homogenisation’ of child protection laws is enshrining the kind of legislation required.