To see the other types of publications on this topic, follow the link: Legl status, laws.
Journal articles on the topic 'Legl status, laws'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Legl status, laws.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Kercher, Bruce. "Many Laws, Many Legalities." Law and History Review 21, no. 3 (2003): 621–22. http://dx.doi.org/10.2307/3595123.
Full textAbstract:
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.
2
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.
Full textAbstract:
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.
3
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.
Full textAbstract:
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.
4
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.
Full textAbstract:
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.
5
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.
Full textAbstract:
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.
6
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.
Full textAbstract:
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.
7
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.
Full textAbstract:
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.
8
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.
Full textAbstract:
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.
9
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.
Full textAbstract:
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.
10
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.
Full textAbstract:
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.
11
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.
Full textAbstract:
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.
12
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.
Full textAbstract:
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.
13
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.
Full textAbstract:
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].
14
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.
Full textAbstract:
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.
15
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.
Full textAbstract:
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
16
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.
Full textAbstract:
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.
17
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.
Full textAbstract:
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.
18
Kliestikova, Jana, Maria Misankova, and Tomas Kliestik. "Bankruptcy in Slovakia: international comparison of the creditor´s position." Oeconomia Copernicana 8, no. 2 (June 30, 2017): 221. http://dx.doi.org/10.24136/oc.v8i2.14.
Full textAbstract:
Research background: Bankruptcy shouldn´t be considered only as negative phenomena although its impact is for companies in most cases more than devastating. This change of point of view is invoked by the needs of contemporary socio-economic evolution. If society wants to reach sustainable development, the bankruptcy should be perceived as an immanent part of normal cyclical economic development. Moreover, if the view of bankruptcy is changed in a positive way, it can be a stimulus for innovations, investment and global welfare. But it is not possible without an increase in the effectiveness of national and international bankruptcy law.Purpose of the article: The goal of this study is to analyse the position of a creditor in the case of a debtor´s bankruptcy on the basis of comparative law in the Slovak Republic de lege ferenda. It is because we assume that continuous attention should be given to the issue of the creditor’s position with regard to a debtor´s bankruptcy to achieve sustainable economic development.Methods: The potential consideration de lege ferenda should be based not only on performed legal analysis, but also on performed economic analysis. So, selected countries have been evaluated according to specific economic and legal indicators. We used the interdisciplinary approach based on selection analysis and legal comparative analysis applied to international comparison of the status of creditor and the effectiveness of bankruptcy law from his point of view.Findings & Value added: The applied approach has led us to the detection of the most important insolvency laws, specifically the insolvency laws of the United States and Austria. These legislations were further applied in the context of consideration de lege ferenda over the position of a creditor in the case of a debtor´s bankruptcy in the Slovak Republic.
19
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.
Full text
20
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.
Full textAbstract:
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.
21
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.
Full textAbstract:
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.
22
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.
Full textAbstract:
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.
23
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.
Full textAbstract:
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.
24
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.
Full textAbstract:
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.
25
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.
Full textAbstract:
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.
26
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.
Full textAbstract:
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.
27
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.
Full text
28
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.
Full textAbstract:
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.
29
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.
Full textAbstract:
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.
30
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.
Full textAbstract:
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.
31
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.
Full textAbstract:
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.
32
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.
Full textAbstract:
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.
33
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.
Full textAbstract:
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".
34
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.
35
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.
36
Amil Huseynzade, Firuza. "THE LEGAL STATUS OF THE VESSEL IN THE MARITIME LAW AND TYPES OF THE VESSEL." SCIENTIFIC WORK 53, no. 04 (February 28, 2020): 86–89. http://dx.doi.org/10.36719/aem/2007-2020/53/86-89.
Full text
37
Setyaningsih, Ruri, Tri Wahyu Anggraeni, and Debora Tri Hariyadi. "Legal Consequences for Children who are Born in Unregistered Marriage in the Perspective of Christian Laws." Unram Law Review 4, no. 1 (April 21, 2020): 47–53. http://dx.doi.org/10.29303/ulrev.v4i1.112.
Full textAbstract:
Aim of this study is to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Indonesia law acknowledges a marriage is legal if it conducted under the religious rules of the married couples and recorded under national law. This study aims to describe the marriage law for the Christian under marriage law and the legal consequence for the children born in a marriage that does not register as stipulated in the marriage law. Base on this study can be concluded that marriage is considered valid if it has been registered so as to have a valid legal effect, one of which the legal status of a child born of a legal marriage constitutes legal status as a legal child. While unregistered marriage resulting unrecognized legal status of the child so that child does not have legal status.
38
Noreen, Naveeda, and Prof Dr Razia Musarrat. "Protection of women rights through legal reforms in Pakistan." Journal of Public Administration and Governance 3, no. 4 (December 31, 2013): 119. http://dx.doi.org/10.5296/jpag.v3i4.5059.
Full textAbstract:
This paper presents the status of women rights in Pakistan and protection of these rights under the umbrella of legal reforms. After independence the women of Pakistan played an active role in nation building activities as well for their own social uplift. International organizations played special attention towards the issue of women empowerment During Ayub Era Muslim Family Law Ordinance 1961 was promulgated which is regarded as a first step forward for the protection of women rights. During Zia regime discriminatory laws were introduced which disturbed the equilibrium between male and female in the society. These laws put a negative impact on the status of women. Women organizations protested against Hudood Laws and demanded to repeal it. During the period of Musharruf new laws were introduced for the protection of women rights(women Protection Act 2006),it is regarded as golden era in context of legislation made for women empowerment .The process of legal reforms is in progression .The women are still subjugated to many criminal acts like harassment at work place ,attempted rape and acid throwing. There is a need of devising effective implementation mechanism in true letter and spirit for the safeguard of women rights.
39
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.
40
Haines, Terry K., and David A. Cleaves. "The Legal Environment for Forestry Prescribed Burning in the South: Regulatory Programs and Voluntary Guidelines." Southern Journal of Applied Forestry 23, no. 3 (August 1, 1999): 170–74. http://dx.doi.org/10.1093/sjaf/23.3.170.
Full textAbstract:
Abstract Southern states vary widely in their approaches to regulation and liability protection for prescribed burning. Most state air quality laws exempt prescribed burning from many open burning rules; however, monetary penalties are established for the rules that do apply. Forest protection laws address escaped fire and require permits or notification in all but two states. So-called "certified burner" laws have been passed in six states to limit liability for experienced burners who attend training courses and adhere to applicable air quality and forest protection laws and regulations. South. J. Appl. For. 16(3):170-174.
41
Wattad, Mohammed S. "The Nation State Law and the Arabic Language in Israel: Downgrading, Replicating or Upgrading?" Israel Law Review 54, no. 2 (June 7, 2021): 263–85. http://dx.doi.org/10.1017/s0021223721000078.
Full textAbstract:
Article 4 of the Nation State Law (NSL), entitled ‘Languages’, stipulates that Hebrew is the language of the state (Article 4(a)); the Arabic language has a special status in the state and regulating the use of Arabic in or by state institutions will be set in law (Article 4(b)); and this clause does not harm the status given to the Arabic language before the law came into effect (Article 4(c), the ‘validity of laws’ clause). The question is whether, how, and to what extent these provisions hinder the present legal status of the Arabic language in Israel. The legal status of Arabic had never been determined decisively before enactment of the NSL. The High Court of Israel has always been divided on this matter, particularly between judges who perceived Arabic as an official language and judges who deemed it solely as having been granted its acknowledged ‘special legal status’. Furthermore, the judges who perceived Arabic as an official language of the state were also in dispute among themselves as to the meaning, the scope and the consequences of such recognition. Considering these circumstances, my view is that the NSL perpetuates the legal status of Arabic as prescribed in the laws and case law that already existed, and that the validity of laws clause, coupled with the special status granted to Arabic in a basic law, suggests that the door is still open for the Court to further endorse the legal status of Arabic in Israel.
42
Stewart, Susan D., and Elcy E. Timothy. "Stepfamily Policies and Laws in the United States: Lessons from the West." Journal of Family Issues 41, no. 7 (May 13, 2020): 891–912. http://dx.doi.org/10.1177/0192513x20918429.
Full textAbstract:
Although stepfamilies exist in some form in nearly every country in the world, they are most common in Western countries. This paper provides a summary of laws, policies, and programs pertaining to stepfamilies in a selection of Western countries, with a special focus on the United States. Although stepfamilies have been prevalent throughout the West for decades, they remain “incompletely institutionalized,” and governments have been slow to address their needs and concerns. There is large variation across Western countries with respect to how stepfamilies are treated under the law, with some countries employing more liberal definitions of “parents,” “children,” and “families,” than others. In contrast, stepfamilies in the United States must contend with a complex and conflicting set of federal laws, state laws, and court precedents. Their legal status is uncertain and the way stepfamilies are treated is inconsistent across social programs and policies. Overall, there is clear bias against stepfamilies within most U.S. institutions. The review includes recommendations for change that would enhance stepfamily stability and quality of life in both Western and non-Western contexts.
43
Schukin, Andrey I. "APPLICATION THE PERSONAL STATUTE OF A LEGAL ENTITY IN CIVIL CASES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 225–41. http://dx.doi.org/10.17223/22253513/39/17.
Full textAbstract:
The decisions and activities of legal persons have consequences in many states, some-times giving rise overseas to disputes arising out of contracts, torts. The foreign element in such cases raises a number of difficult questions related to the legal status of the subjects of these relations: whether a legal entity created under the laws of one state is recognized as such in another state where it is engaged in economic activities; the laws of which state determine the legal capacity of a foreign legal entity? - etc. The answers to these questions may be found by means of the personal statute of a legal entity (lex societatis). The personal statute of a legal entity (lex societatis) is commonly referred to as the law, determined on the basis of a conflict of laws rule, to be applied to the totality of relations related to the legal entity and complicated by a foreign element, or at least to the main part of such relations. The application of the personal statute of a legal entity is relevant in civil cases in which at least one of the parties is a foreign corporation. This statute has to be resorted to in the case of a dispute on the merits, as well as in a number of other cases: determining the legal status of the disputing parties at the stage of initiation of the case and its subsequent resolution, checking the powers of the parties' representatives, etc. The court must examine the legal status of the corporation as a party to the proceeding before deciding on the applicable law. The purpose of this article is to analyze the practice of application by Russian courts the personal statute of a legal entity in resolving a number of procedural issues related to the determination of the legal status of the disputing parties, the verification of the credentials of the parties' representatives. The article provides an analysis of the content of the mentioned conflict of law norm, which is designed to help courts in their activities. The improvement of the investment climate in the state, the attractiveness of the national jurisdiction for economic activity, the stability of the civil turnover in general depend on the effective protection of the rights and legitimate interests of participants in corporate conflicts through justice. The study of features of the judicial form of protection of violated rights and interests in the light of the foreign element is of enduring theoretical and practical importance.
44
Enabulele, A. O. "Reflections on the ECOWAS Community Court Protocol and the Constitutions of Member States." International Community Law Review 12, no. 1 (2010): 111–37. http://dx.doi.org/10.1163/187197410x12631788215918.
Full textAbstract:
AbstractOnly recently, the jurisdiction of the Court of Justice of the Economic Community of West African States, which was hitherto opened only to Community States, was expanded to allow direct human rights violation claims by individuals. Though the court has since started to function, its impact is yet to be felt ‐ citizens of recalcitrant Community States still live in wanton violation of their rights in most of the States, where national courts are weak and effective remedies for rights violations largely nonexistent. This is consequent upon the failure of Community States to align their national laws with the new legal order represented by the Community Court; national laws and indeed national courts are still very hostile to the court and its judgements, thereby discouraging citizens from attending the court. This Article takes a look at the relevant provisions of the constitutions of Community States and advocates an urgent need for the cooperation to be forged between national legal systems and the community legal system through the amendment of hostile laws, as a prerequisite to the achievement of the virile community legal order.
45
Kuzmin, S. E. "Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States." MGIMO Review of International Relations, no. 1(40) (February 28, 2015): 209–14. http://dx.doi.org/10.24833/2071-8160-2015-1-40-209-214.
Full textAbstract:
The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition) laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the higher courts are binding for cases adjudicated in lower courts. Judicial decisions have a major impact on the regulation of mergers and acquisitions of corporations, in particular, the state corporate Laws. The article analyses the main similarities and differences of sources of legal regulation of mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States.
46
Abbasi, Mahmood, and Nazli Mahmoodian. "Jurisprudence-Legal Consideration of Single-Status Childbearing." International Journal of Medical Toxicology and Forensic Medicine 10, no. 3 (October 13, 2020): 32553. http://dx.doi.org/10.32598/ijmtfm.v10i3.32553.
Full textAbstract:
Background: Among the achievements of modern fertility technologies available to contemporary humans, we could mention the freezing technique to fertility preservation, and subsequently, unmarried childbearing. The only way for having children was having sexual intercourse with the opposite gender in the past years; however, with the advent of this technology, even without such a relationship, it is possible to have a child. This process could be termed unmarried childbearing or single-status fertilities. This is one of the resent subjects in medical fertility; however, there is no research in this field, in Iran.
Methods: This was an applied and theoretical research in the theology field; thus, no research material was implemented. The main method of this research was the bookcase approach.
Result: In countries such as the USA, UK, and Australia, where there are more coherent laws about employing modern fertility techniques, this issue is addressed and specific laws exist in this regard. However, despite widespread use of this technique in Iran, we have no law in this respect except for the Fetal Donation Act of 2003, which only covers the general issues. In other words, the social fertility mandate has remained silent given permission, prohibition, and its conditions and effects on the child lineage in Iran's laws.
Freezing gametes is practiced in our country for a wide range. Besides, single-status fertility is occurring worldwide. Accordingly, this seems to be among the problems facing our society, and may also be illegally conducted in some cases, in Iran. In Islamic law, the permissible instances of reproductive rights include births through marriage, not otherwise, as well as births employing reproductive aids in terms of meeting the Islamic law. On the other hand, some individuals believe that this case can be regarded as some kind of inoculation with the involvement of a donor agency, and some jurists have voted to allow it. Therefore, these jurists explicitly accepted the use of donor gamete in the form of marital relations. The legislature of the Islamic Republic of Iran also emphasizes on donation to lawful couples in the law of donation approach. Therefore, using donated gametes for childbearing is excluded in singles. Additionally, Judaism and all branches of Christianity, except for the liberal protestant denomination prohibit unmarried childbearing.
While the approach to the issue differs from one country to another, the USA Supreme Court has recognized and protected free relationships, family formation, and decisions on births, as freedom rights. The UK law has subjected the provision of services to single women to the welfare of children resulting from the process. However, in France, the provision of infertility treatment services to single individuals is prohibited. According to Australia law, any single or heterosexual individual without receiving medically-assessed services, i.e., referred to as ‘‘clinically infertile’’ cannot use this technology for having children.
Conclusion: In some countries, like the USA, bearing a child at a single status is legal; however, in some other regions, like the UK and Australia, it is permitted under special conditions. In some countries, like France, this action is prohibited. There is no law about this matter in Iran. The 167 article of the constitution addresses considering the Islamic verses and narrations on preserving the destination of the generation or acquiring the benefits and disposing of the corruption. In conclusion, the only way to have a child and to realize the principle of reproduction is permitted in the framework of religious marriage; thus, bearing a child at a single status is illegal and prohibited, in Iran.
47
Takashy, Tina. "Federated States of Micronesia: Country Report on Human Rights." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 25. http://dx.doi.org/10.26686/vuwlr.v40i1.5376.
Full textAbstract:
This article provides a country report on the status of human rights in the Federal States of Micronesia (FSM). FSM's legal and regulatory frameworks are a direct import of the US laws which were used during the Trust Territory of the Pacific Islands (TTPI) period. There is an inherent danger in prioritising introduced rights over traditional duties, obligations and rights – or vice versa – without subjecting these two sets of human rights paradigms to systemic sociocultural analysis. However, there are human rights issues in the FSM in any capacity. These issues originate from three major sources: poor governance and leadership capacity, weak law administrative and enforcement capacity, and outdated legal and political frameworks. The author then provides strategies to protect human rights in the Pacific including major legal and political reform, and the use of region-specific strategies (including codifying customary laws). The challenge going forward is to have in place a unified human rights model that is based on the diverse cultural, spiritual, and democratic heritage of the Pacific.
48
Goździewicz-Biechońska, Justyna, and Eliza Jachnik. "Legal Status of the Animal as a Determinant of Its Humanitarian Protection." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 67–79. http://dx.doi.org/10.17951/sil.2021.30.3.67-79.
Full textAbstract:
The article concerns the humanitarian protection of animals in Polish law. It is of a scientific and research nature and its purpose is to define the relationship between the legal status of an animal and the nature and the scope of its humanitarian protection. The legal status of an animal is determined by the Animal Protection Act, through dereification and the general principle of humane treatment of animals. In the light of legal provisions, two basic categories of animals can be distinguished in the context of their humanitarian protection: domestic animals and working animals. The latter are then divided into further subcategories. The scope of humanitarian protection varies depending on belonging to a given category, because legal provisions differently define the scope and degree of obligations regarding animal welfare. However, the premises for classifying a given animal as belonging to one of those types, result not only from the scope of legal acts. The decisive role in this regard has the status that is given by a man, usually determined by the man’s attitude towards the animal and its utility for the man. This attitude is shaped individually in a specific case and is the actual source of the legal status of the animal and consequently its protection.
49
Luft, Michal. "Living in a Legal Vacuum: The Case of Israel's Legal Position and Policy towards Gaza Residents." Israel Law Review 51, no. 2 (June 7, 2018): 193–234. http://dx.doi.org/10.1017/s0021223718000110.
Full textAbstract:
The legal status of the Gaza Strip following the 2005 Israeli ‘Disengagement’, as well as the applicability of the laws of belligerent occupation with regard to this territory, have sparked, and continue to generate, a lively academic debate, involving states, organisations and legal scholars. Nevertheless, this debate has seldom included an examination of the de facto policy exercised by Israel vis-à-vis Gaza residents themselves.This article seeks to fill the gap by providing a thorough examination of Israel's legal position towards the residents of Gaza, and a critical analysis of its policy and practice with regard to their movement as well as the movement of goods. This review, based on dozens of policy papers, regulations and procedures, as well as numerous judgments handed down by Israeli courts, reveals that Israel maintains a deliberately deficient and ambiguous legal position with regard to the status of Gaza residents. Under this position, the residents are merely ‘foreign residents’ who have no particular rights in relation to Israel. I argue that this position establishes a major legal vacuum in the protection afforded to Gaza residents and is therefore incompatible with both the reality of Israel's continuous control over Gaza as well as the objects and norms of international humanitarian law.
50
Christiernsson, Anna. "Is the Swedish Brown Bear Management in Compliance with EU Biodiversity Law?" Journal for European Environmental & Planning Law 16, no. 3 (September 11, 2019): 237–61. http://dx.doi.org/10.1163/18760104-01603003.
Full textAbstract:
As with many biodiversity laws, the Habitats Directive allows for exemptions. While it can be argued that flexibility is necessary for handling dynamic ecosystems, the associated lack of legal clarity on the room to derogate can risk impairing both the effectiveness and the uniform application of EU-law. This study aims at clarifying the conditions to derogate from the strict protection of species under Article 16(1)(e), a provision which has been interpreted to provide a legal basis for hunting species with a favourable conservation status in several Member States. One such controversial case is the hunting of brown bears in Sweden. The Swedish brown bear management will thus be used as an illustrative example to discuss Member States’ discretion to derogate under Article 16(1)(e).