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1
Gautreaux, Ryan J. "Framing the Patient Protection and Affordable Care Act| A Content Analysis of Democratic and Republican Twitter Feeds." Thesis, University of Louisiana at Lafayette, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10163326.
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This study examines the portrayal of the Patient Protection and Affordable Health Care Act (PPACA) based on the Twitter feeds of Democratic and Republican leaders. This innovative thesis provides a clear depiction of how divisive and unprecedented political cyberwarfare has unfolded within the realm of computer-mediated communications. This study also uses an original approach in its capability of identifying the political combatants of a divisive topic. This is also the first content analysis of its kind by bringing data analysis to the concepts of Entman and Kuypers, focusing on problem/solution and cause/effect rhetoric that confirms framing as a powerful political weapon. This research combines all of the above concepts and applies them to one of the most popular and current social media sites as a basis of analysis. This research also proves the value of politicians’ personal Twitter accounts when studying the general framing strategies of the respective parties.
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Mlauzi, Dumisani G. "Solutions to investor-state dispute settlement : Republic of South Africa vis-à-vis Australia." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5520.
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Magister Legum - LLMThe main objective of this paper is to critically analyse the solutions that countries are currently implementing in response to the much-debated issue that the conventional investor-state dispute settlement (ISDS) regime limits a host-state's space to make regulations under public policy. Consequently, the paper makes recommendations on viable solutions that countries can implement as solutions to the ISDS problems. In order to conduct the study, this paper uses the solutions to ISDS problems that have been implemented by the Republic of South Africa (RSA) and Australia respectively. The paper also compares the solutions implemented by RSA and Australia with some internationally recognised solutions. Chapters two and three of the paper discuss the backgrounds and also analyse the solutions to ISDS that have been implemented by RSA and Australia respectively. Chapter four contains the main findings and arguments of the paper. It analyses the strengths and weaknesses of the ISDS solutions that have been implemented by RSA and Australia respectively. One of the main findings of the paper is that retaining the conventional ISDS regime is less beneficial to developing and least developed countries and more beneficial to developed countries, largely due to the differing levels of outward investments that are present in these categories of countries. The paper recommends, inter alia, that, unlike developed countries, developing countries and least-developed countries should abrogate the conventional ISDS regime and only retain it in particular circumstances as explained in chapter five. The paper recommends that ISDS should only be utilised where state-state arbitration would unnecessarily politicise an investment dispute. The paper also finds the use of domestic court as undesirable to investment disputes. The paper recommends mediation as a more balanced avenue for resolving investment disputes.
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Potužníková, Lenka. "Analýza dopadů novely zákona o spotřebitelském úvěru na bankovní sektor ČR." Master's thesis, Vysoká škola ekonomická v Praze, 2017. http://www.nusl.cz/ntk/nusl-360547.
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The subject of the thesis called Analysis of the impacts of the Amendment to the Consumer Credit Act on the banking sector of the Czech Republic is the Amendment to the Consumer Credit Act effective since 1.12.2016 and its presumed impact on banking sector including the consideration of the justification of some provisions of the Act. The objective of this thesis is a clear summary of fundamental changes which waste from new legislative and outlining the related questions, mapping the consumer credit market tendencies from macro and micro view and recognition of possible risks and opportunities related to the amendment. The data are processed using the simple descriptive statistics method with use of graphic methods and word comments.
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Grishina, Marina. "Právní otázky ochrany zvukových záznamů hudebních děl." Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-194161.
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In my diploma thesis i deal with legal aspects of the protection of sound recordings of musical compositions in the Czech Republic and the Russian Federation. In connection with the development of modern technoligies that facilitate access to copyright works, for example the internet, protection of copyright and rights related to copyright is becoming a very important and should be corresponding. The first chapter deals with the definition of the basic concepts of copyright. The second chapter focuses on the issue of copyright infringement and infringement of related rights in the Czech Republic and Russia. In the following section copyright's international treaties (TRIPS, ACTA and others) are analyzed and liabilities, which arise from them. The fourth chapter deals with the issue of enforcement of copyright. In the last chapter, I compare effectiveness of Czech and Russian legal norms for the protection of copyright, based on anonymous sociological research among university students relatively to the origin of audio recordings of musical compositions.
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Azong, Julius Awah. "Corporal punishment of children in Nigerian homes." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2234_1360932481.
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Nezgodová, Lenka. "Klamání spotřebitele v oblasti označování potravin." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-113613.
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This thesis deals with consumer misleading in the field of food labeling. The goal of the thesis was to determine specific products that may mislead consumers by their location and label in particular hypermarkets in Prague and Frýdek-Místek. Analysis of the potential misleading of the consumers has three parts -- examining of an obligatory information on the product package, checking of the location of the products in the shops, and the questionnaire. One part of the thesis deals with law (acts, judgements and other regulations) in the field of food labeling and misleading the consumer.
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Alvarez, Cea Camila. "Verklighet eller en politisk illusion? : En studie av den svenska pressens syn på sjukförsäkringsreformen i USA." Thesis, Karlstad University, Division for Social Sciences, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-6091.
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Essay in Political Science, C-level, by Camila Alvarez Cea, spring semester 2010.
Tutor: Alf Sundin
“Reality or a Political Mirage? – A Study of the Swedish Press Views on the Health Insurance Reform in the USA”
The purpose of this essay is partly to examine whether the picture that Swedish press presents of the health insurance reform in the US, which is part of the Patient Protection and Affordable Act bill, will be of crucial importance to the possibilities that the American population has to receive health insurance. The main research question is accordingly: “Does the picture that Swedish press presents of the health insurance reform in the USA, seem like something that will be of radical importance to the possibilities of the population to receive healthcare?” The purpose is also to examine in which model (demand or market) the opinions of the Swedish press fits. This purpose will be answered by using three specific questions asking whether their opinions differ when it comes to three criterions: organization, financing/resources and delivery systems. These criterions come from a model from Milton I. Roemer’s book “National health systems of the world,” which also is the theoretical foundation of this essay.
The methodological approach of this essay is a qualitative text analysis along with an analysis chart, where the three criterions have been examined from the reporting of the four Swedish newspapers chosen for this essay. The conclusions that have been reached from the analysis chart are that the opinions differ greatly within Swedish press, and that the picture that Swedish press presents of the health insurance reform is that it will become easier for the American population to receive health care.
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Maree, Cara Jacobé. "Settlement of investment disputes under the South African protection of investment Act Act 22 of 2015." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/64623.
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Investment law is one of the controversial disciplines in law. Since arbitration became more popular the number of arbitral cases, in terms of Bilateral Investment Treaties (BITs), also increased. It was found that the inconsistencies in the language used in the treaties caused most conflict as each person interpreted the treaty differently.1
Precisely in 2013, the South African government introduced a new Bill, The Promotion and Protection of Investment Bill (the Bill). The Bill was initiated in response to the arbitral case of Piero Foresti, Laura de Carli and Others vs The Republic of South Africa ICSDI, ARB(AF)/07/. The South African government became concerned because foreign investors challenged Black Economic Empowerment (known as BEE) on an international level in an arbitral matter. The government was concerned that certain policies would not be protected internationally, specifically arbitration as a dispute settlement mechanism.2
Some of the BITs were terminated between South Africa and various countries, after the draft Bill was introduced on the 1st of November 2013. BITs were normally used to regulate the investment regimes. After the Bill was passed and the existing BITs were cancelled, a revised Bill was introduced on 22 July 2015.3 The Act is now known as The Protection of Investment Act, Act 22 of 2015 (the Act) and will come into effect on a date to be determined by the President of South Africa and as published in the Government Gazette.
After a careful study and analysis of the Act4 the Department of Trade and Investment has acknowledged that the Act is not in line with the Southern African Development Community (SADC) Protocol and their defence is that the Protocol has been through a review process and that the changes made to the Protocol would be in line with the act. It is however uncertain whether the Protocol and the Act would be in line with each other. There are numerous questions regarding the fact that South Africa is bound by the SADC Protocol and if it would be possible to pass the Act with regards to South Africa’s international obligations. Many of the BITs between South Africa and foreign investors have not yet been terminated and they are still protected under the BITs.5
Numerous people are of the opinion the Act should include the ISDS system or at least be more specific regarding the measures that should be taken before the parties can refer the dispute to arbitration. State-to-state arbitration is also a difficult route to follow because foreign investors would have to approach their government to get involved in the dispute. ISDS arbitration should be included in the South African Act, as it would restore the foreign investors trust in the system and might encourage more Foreign Direct Investments (FDIs). In a country where FDIs are important for economic growth, it is important to find a balance between (1) the government’s sovereign right to implement domestic policies, (2) its duty to protect foreign investors and (3) its objective of promoting sustainable economic growth.6
The fact that South Africa drafted its own investment legislation is a step in the right direction. The law is evolving alongside the new trends of international law regarding FDI. It is however important that the Act should be reconstructed in terms of SADC’s Protocols so that South Africa may meet its international obligations. Furthermore, the Act should contain the Investor- State Dispute Settlement (ISDS) system and be more specific regarding the procedures that should be taken before the parties are allowed to refer the matter to arbitration. To include the ISDS system and make the necessary changes with regards to SADC, would encourage FDIs and have a positive effect on the development and growth of South Africa.Mini Dissertation (LLM)--University of Pretoria, 2017.
Centre for Human Rights
LLM
Unrestricted
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Mc, Cabe James Ian Martin. "The formulation and consequences of the Republic of Ireland Act, 1948-9." Thesis, University of London, 1990. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.556066.
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The thesis unravels the strands of the political and diplomatic pressures which led to Eire's departure from the British Commonwealth. As a background, the thesis reviews Anglo-Irish constitutional developments, from 1932 until 1948, with special reference to the introduction of the Executive Authority (External Relations) Act,1936. That statute sufficed as Eire's last tenuous constitutional link with the Commonwealth. The contentious issue of why the Taoiseach, John Costello made the announcement of his government's intention to repeal the External Relations Act, without a cabinet decision is examined. The answer is found by differentiating between the Statute and the prescribed permissory procedures embodied therein. Following chapters show how discussions among Commonwealth representatives, at Chequers and Paris, arrived at an agreement, whereby the Republic of Ireland, in an intermediary position between that of a foreign state and Commonwealth member, retained Most Favoured Nation Status for its trade and citizens. Two following chapters on NATO and on Partition ignore the above semantic analysis of Anglo-Irish relations and deal with the practical problems. The thesis argues that the UK 'Ireland Act',1949, introduced ostensibly to recognise Eire's new status vis-a-vis the Commonwealth, incorporated a guarantee to the Unionists that Partition would not end without their consent (as opposed to with): That this "guarantee" was not divorced from the strategic interests of the British Chiefs of Staffs, who wanted to maintain the reliable bases in Northern Ireland. The Irish government's response to the British government's, Ireland Act, 1949 was rhetorical rather than practical. Protests turned to internecine political recriminations, and faded when it became obvious that continued criticism of Britain would encourage the unleashing of unconstitutional and uncontrollable elements.
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McCabe, James Ian. "The formulation and consequences of the Republic of Ireland Act, 1948-49." Thesis, London School of Economics and Political Science (University of London), 1990. http://etheses.lse.ac.uk/2811/.
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The thesis unravels the strands of the political and diplomatic pressures which led to Eire's departure from the British Commonwealth. As a background, the thesis reviews Anglo-Irish constitutional developments, from 1932 until 1948, with special reference to the introduction of the Executive Authority (External Relations) Act,1936. That statute sufficed as Eire's last tenuous constitutional link with the Commonwealth. The contentious issue of why the Taoiseach, John Costello made the announcement of his government's intention to repeal the External Relations Act, without a cabinet decision is examined. The answer is found by differentiating between the Statute and the prescribed permissory procedures embodied therein. Following chapters show how discussions among Commonwealth representatives, at Chequers and Paris, arrived at an agreement, whereby the Republic of Ireland, in an intermediary position between that of a foreign state and Commonwealth member, retained Most Favoured Nation Status for its trade and citizens. Two following chapters on NATO and on Partition ignore the above semantic analysis of Anglo-Irish relations and deal with the practical problems. The thesis argues that the UK 'Ireland Act',1949, introduced ostensibly to recognise Eire's new status vis-a-vis the Commonwealth, incorporated a guarantee to the Unionists that Partition would not end without their consent (as opposed to with): That this "guarantee" was not divorced from the strategic interests of the British Chiefs of Staffs, who wanted to maintain the reliable bases in Northern Ireland. The Irish government's response to the British government's, Ireland Act, 1949 was rhetorical rather than practical. Protests turned to internecine political recriminations, and faded when it became obvious that continued criticism of Britain would encourage the unleashing of unconstitutional and uncontrollable elements.
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Garcia, Dave L. "The protection of creditors under a new Jamaican companies act." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0003/MQ33483.pdf.
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Brooke, Cassandra. "Marine pollution management under the Environment Protection Act 1993 (SA) /." Title page, contents and abstract only, 1996. http://web4.library.adelaide.edu.au/theses/09ENV/09envb872.pdf.
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Du, Plessis B. (Burnadene). "The effect of the consumer protection act on franchise agreements." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/41308.
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This dissertation discusses the influence of the Consumer Protection Act No 68 of 2008, the “CPA”, on franchise arguments. It is argued that the provisions of the CPA will lead to the consequences of restoring equality between a franchisee and a franchisor. A franchise agreement is viewed as an ordinary commercial contract, governed by the same legal principles as any other contract. In reality franchising is in fact far beyond a simple contract; it is also used as a governing system. The franchisors create structures whereby their franchisees can be controlled. In order to manage franchisee opportunism such as the unauthorized use of intellectual property and addressing under-performance, an inherent power imbalance was present in favour of franchisors. The CPA introduced certain provisions that address the relationship between franchisors and franchisees by prescribing and controlling the rights and obligations of the parties. As a result, a fair structure is created to regulate the franchise relationship between the parties. The promulgation of the CPA is welcomed by this study and it is submitted that the country’s economy as a whole can only benefit from it.Dissertation (LLM)--University of Pretoria, 2013.
lmchunu2014
Mercantile Law
unrestricted
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Keeler, Rebecca L. "William Wilberforce Trafficking Victims Protection and Reauthorization Act of 2008." Digital Commons @ East Tennessee State University, 2015. https://dc.etsu.edu/etsu-works/483.
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Book Summary: Spanning three volumes, this comprehensive encyclopedia of over six hundred entries covers the full range of civil rights and liberties in America from the antecedents of the Bill of Rights through the most recent controversies over political and social issues, including abortion, free speech, religious liberty, voting rights, and the guarantees of equality. It also addresses the civil rights and liberties issues stemming from America's ongoing war on terrorism. Detailed entries include key concepts, historical events and developments, major trials and appellate court decisions, landmark legislation, legal doctrines, important personalities, and key organizations and agencies. Entries have an objective tone, allowing readers to draw their own conclusions.Designed as an up-to-date reference source for students, scholars, and citizens, the encyclopedia will help broaden and heighten understanding and appreciation for the wide range of issues associated with civil rights and liberties in the United States, and is the most sophisticated treatment available. The volumes of the encyclopedia consist of original entries, arranged alphabetically, on many current hot-button issues as well as in-depth coverage of the rights Americans hold sacred. Written by experts in the field, including attorneys, judges, and legal scholars, the encyclopedia takes a historical-legal approach, providing important information on the background and development of an issue or event. The third volume concludes with over three dozen essential primary documents, including landmark statutes, key court decisions, and influential essays.
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Stewart, Ailsa E. "The implementation of Adult Support and Protection (Scotland) Act (2007)." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7083/.
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The main areas considered within this qualitative study are the extent to which the Adult Support and Protection (Scotland) Act (2007) (ASPA) impacts upon the civil and human rights of adults’ by exploring the “problem” it was developed to resolve, the reality of implementation and the construction of thresholds for intervention in practice. Despite a level of clarity about the need for this legislation inconsistencies of understanding about where the ASPA should be targeted created challenges for implementation, particularly around the issue of capacity. The scope of the population for whom the ASPA was intended remains sizeable and broadly unformed. The vision of the framers that the ASPA would provide support and protection for a range of adults at risk of harm without being overly intrusive in their lives appears, at least partly, to have been realised. Challenges to implementation have largely focused on; the parameters of the ASPA and the population it aims to protect, the conceptualising of what an adult protection referral might consist of and the impact of this understanding on thresholds for intervention. Procedural challenges identified were specifically related to the involvement of health and the understanding of adult protection of other stakeholders, for example the police, inconsistent recording of data and information sharing. The interaction between formal and informal knowledge and consideration of a range of key concepts drawn upon by practitioners to determine thresholds for intervention creates a built in inconsistency of approach with a clear element of subjectivity. The rights based approach integral to all intervention under the ASPA, was well applied by the practitioners in the study and could be considered to have protected the citizenship of the adults to some extent. Perhaps more accurately it could be said that the already conditional citizenship experienced by many of the adults was not further eroded.
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Coleman, Suzanne S. "The Trafficking Victims Protection Act (TVPA) 2000| A policy analysis." Thesis, California State University, Long Beach, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=10046247.
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The purpose of this thesis was to present a policy analysis of the Trafficking Victims Protection Act (TVPA) of 2000. Specifically, this analysis examined the impact the TVPA had on the victims of sex trafficking. This project utilized David Gil’s (1992) analytic framework to evaluate the strengths and limitations of this policy. This analysis found that there have been some improvements in the prosecution of traffickers as a result of the passage of the TVPA. However, the analysis also suggests that there remain many issues and unintended consequences for victims of sex trafficking. For example, the requirement of the TVPA to involve the victim in the prosecution of their trafficker makes it difficult for some victims to come forward. Also, the return of victims of sex trafficking to their home country against their will continues to be a problem that the TVPA did not solve. The recommendations for social work practice, policy, and research are discussed.
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Khumalo, Jan Lekopane. "Overview of the National Environmental Management Act 107 of 1998." Thesis, University of Limpopo (Turfloop Campus), 2011. http://hdl.handle.net/10386/497.
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Govenor, Heather Lynn. "Sediment Management for Aquatic Life Protection Under the Clean Water Act." Diss., Virginia Tech, 2018. http://hdl.handle.net/10919/91448.
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Although sediment is a natural component of stream ecosystems, excess sediment presents a threat to natural freshwater ecosystems. Sediment management is complicated because sediment can be dissolved in the water column, suspended as particles in the water column, or rest on the bottom of the stream bed, and can move between these forms (e.g. bedded sediment can be resuspended). Each form of sediment affects aquatic life in a specific way. To manage stream sediment in a way that protects aquatic life, we need to understand the ways different forms of sediment affect living things, and we need to be able to predict how sediment changes form under different stream conditions (for example, during high water events). To improve our understanding of these things, the studies in this dissertation set out to: (1) identify how often sediment is specifically mentioned as the primary pollutant “stressor” of the benthic macroinvertebrate community (primarily aquatic insects); (2) determine which forms of sediment have the largest negative impacts on aquatic insects in Virginia and what levels of sediment may cause harm; and (3) measure the changes of sediment between suspended and bedded forms in a small stream to provide information needed to restore the health of stream ecosystems. An inventory of published US Clean Water Act Total Maximum Daily Load (TMDL) reports, which states write to identify their impaired waters and their plans to improve those waters, revealed that sediment is an important stressor in over 70% of waters that have altered aquatic insect communities. If the language used to describe how waters are evaluated and what is causing the impairments were standardized among states, data collected under the Clean Water Act could be more broadly used to help understand water quality issues and ways to address them. Analysis of 10 years of Virginia Department of Environmental Quality sediment and aquatic insect community data collected within 5 ecoregions of the state indicates that a combination of 9 sediment parameters reflecting dissolved, suspended, and bedded forms explains between 20.2% and 76.4% of the variability in the health of the aquatic insect community within these regions. Embeddedness, which measures how much larger particles such as gravel and cobble are buried by finer particles like sand; and conductivity, which is a measure of dissolved salts in the water column, both have substantial impacts on the aquatic insect community. Sensitivity thresholds for embeddedness and conductivity indicate the levels of these parameters above which 5% of insect families are absent from a stream; therefore, these levels are considered protective of 95% of the insect community. Thresholds for embeddedness are 68% for the 5 combined ecoregions, 65% for the Mountain bioregion (comprised of Central Appalachian, Ridge and Valley, and Blue Ridge ecoregions), and 88% for the Piedmont bioregion (comprised of Northern Piedmont and Piedmont ecoregions). Thresholds for conductivity are 366 µS/cm for combined ecoregions, 391 µS/cm for the Mountain bioregion, and 136 µS/cm for the Piedmont bioregion. These thresholds can be used by water quality professionals to identify waters with sediment impairments and can be used to help identify appropriate stream restoration goals. A study of sediment movement within the channel of a small stream indicated average transport speeds of ~ 0.21 m/s during floods with peak flows of ~ 55 L/s. The use of rare earth elements (REE) to trace sediment particles revealed individual particle transport distances ranging from 0 m to >850 m. Deposition on a unit area basis was greater in the stream channel than on the floodplain, and the movement of sediment from the stream bed to the water column and back again during sequential floods was evident. Approximately 80% of the tracer was deposited within the first 66 m of the reach. This information can aid the development of models that predict the impact of stream restoration practices on in-stream habitat and improve predictions on the time it will take between the initiation of stream restoration projects and when we see improvements in the biological community.PHD
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Kettle, Martin. "A balancing act : a grounded theory of child protection social work." Thesis, Glasgow Caledonian University, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.601632.
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The contribution of social workers to the protection of children is of vital importance, and yet their perspective remains under-researched. The purpose of this study was to enter the world of the social worker working in child protection, wondering how they engage in the processes of child protection work, what their concerns are and bow they act to resolve them. The objectives for this research were as follows: • An exploration of the perspectives of social workers working in child protection. • Development of specific recommendations for practice in the organisation and beyond, and for future research The study adopted a constructivist grounded theory methodology informed by a symbolic interactionist theoretical framework. Data was gathered from 22 in- depth interviews with social workers working in child protection, with saturation being achieved of the core category of balancing. Using the constant comparison method, the concerns of participants were identified as coalescing around the core category of balancing. That category was identified as having five dimensions, namely: balancing the interests of children and adults; balancing getting too close to families and not getting close enough: balancing the past, present and future; getting the balance right between investigation and relationship; and balancing the use of power over families with using power together with families. Two further important categories were identified, namely interprofessional transactions and the mechanism of the tipping point. This thesis has demonstrated the complexity of the task for child protection social workers, and has shown that social workers need to maintain all the different aspects of balancing concurrently, as the consequences of failing to maintain those balances may, in some circumstances, be poor outcomes for children and young people. The implications for practice, management and education are explored, with the emphasis being on seeking a more nuanced exploration of this complex area.
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Ingrassia, Patricia. "TARP and the Wall Street Reform Consumer Protection Act: An Examination of Constitutional Protection of Economic Liberties." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/692.
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The 2008 subprime mortgage crisis is characterized by an increase in subprime lending and default on such mortgages. A combination of factors, such as risk excessive risk taken on by financial institutions, poorly implemented government housing policies and biased regulation are perceived to have caused the crisis. In response to the crisis, Congress approved the largest bailout of the United States financial system in taxpayer history. Signed into law by President George W. Bush, the Troubled Asset Relief Program (TARP) authorized the federal government to spend hundreds of billions of dollars to purchase distressed assets, including mortgage-backed securities, and provide liquidity to banks. Comprehensive financial reform followed the bailout package in the form of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This paper examines how both pieces of legislation threaten the constitutional protection of economic liberties.
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Harvey, Linda Joan. "Effective implementation of the B.C. Fish Protection Act Draft Streamside Protection Policy Directives, a step toward community sustainability." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ59440.pdf.
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Martin, Daniel Gordon 1963. "The Archaeological Resources Protection Act, other federal legislation, and the protection of cultural resources in the United States." Thesis, The University of Arizona, 1987. http://hdl.handle.net/10150/276621.
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Within the past 100 years, the protection of archaeological and other cultural resources have fallen in part under federal jurisdiction. The role of federal legislation and regulations, with particular emphasis on the Archaeological Resources Protection Act of 1979 (ARPA), is evaluated in terms of guidelines, application, and effectiveness. A history of federal legislation is presented, followed by an in-depth review and analysis of ARPA. The relevance and applicability of ARPA and other legislation is reviewed in terms of resource significance, definitions of archaeological material, logistics of law enforcement, and prosecution of violators. A case review is presented and analyzed. The roles of public archaeology and future legislation are discussed as they apply to continued efforts toward preservation of cultural resources.
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Verde, Rui Alexandre de Almeida dos Santos. "The harmonious constitution : judges and the protection of liberty." Thesis, University of Newcastle Upon Tyne, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323452.
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Oshegbo, Godwin. "Effects of Patient Protection and Affordable Care Act on Behavioral Health Access." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/4978.
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About 50% of adults in the United States suffer from at least 1 mental health challenge in their lifetime. Annually, mental health and substance use disorders cost the United States about $800 billion, leaving individuals with unaffordable cost of care and the nation with diminished productivity and revenue. With the Essential Health Benefits and Medicaid expansion under the Patient Protection and Affordable Care Act (PPACA), healthcare resources were created to address gaps in behavioral healthcare. There is a need to understand how the healthcare law has influenced the availability of behavioral health services and access to needed care. This study explored the lived experiences of 10 behavioral health service recipients to identify the benefits and challenges of the PPACA on behavioral health services. Participants from Anne Arundel County, Maryland, were purposefully selected and interviewed face-to-face. Relative advantage, compatibility, and complexity were characteristics of the diffusion of innovation theory used for the exploration of this research. Based on the interpretive phenomenological approach, Nvivo 11 Pro was used for data coding, management, organization, and analysis. There was the shared belief among participants that the PPACA improved their access to adequate and affordable behavioral healthcare. Effective network of care and having health insurance seemed to have improved health outcomes. Findings from this study highlight issues of common interest to healthcare stakeholders while providing reasonable platforms for objectively addressing complex challenges, which tend to undermine the possibility of adopting policies that could yield positive dividends for all parties involved.
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Gallman, Sean. "Influence of the Patient Protection and Affordable Care Act on Small Businesses." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2029.
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Business leaders lack strategies to implement the employer shared responsibility provision of the Patient Protection and Affordable Care Act (ACA). Small businesses pay approximately 18% more than larger companies for the same health coverage. Within a conceptual framework of management by objectives, the purpose of this qualitative multiple case study was to explore the strategies small business leaders use to implement the employer shared responsibility provision of the ACA. Data were gathered from the review of company documents, observations, and semistructured interviews with 5 senior business leaders from small business organizations in the Mid-Atlantic region of the United States. Data were coded via Atlas.ti to identify themes from the narative segments. Key themes that emerged from the study included business cost, lack of transparency, and consultation. Recommendations include examining alternative health providers to reduce company health premiums to improve business costs, network with other small businesses for ACA clarity, and work with health consultants for new business processes. Implications for social change include contributing to the effective implementation of the employer shared responsibility provision of the ACA that can improve the economic well-being of small businesses.
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Peng, Xiaohui. "Copyright protection of computer software in the People's Republic of China conforming to international practice /." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ39220.pdf.
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Malá, Jaroslava. "Zákon na ochranu republiky." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-313311.
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The Protection of the Republic Act - Abstract / Key Words This thesis deals with The Protection of the Republic Act No. 50/1923 Coll. of the Acts and Regulations (Act) accepted at the beginning of the twenties of last century in responds to the assassination of the former Minister of Finance JUDr. Alois Rasin. Its purpose was to incorporate into the legal system criminal measurements to protect the newly founded Czechoslovakia and its constitutional officials especially all democratic principles on which this state was based but at the cost of restriction of some constituonally guarentted civil rights and freedoms. The aim of this thesis is to offer a detailed picture of the purpose and importance of the Act in the time of its creation; explain the reasons that led Svehla's cabinet and the coalition parties of the National Assembly to accept it; outline the difficult process of its approval; describe its content; some forms of its application in practice and assess whether the Act fulfilled its purpose. The thesis is divided into seven parts. The first chapter analyzes the causes of Act creation in the light of internal and foreign historical-political events. The initial moment is the creation of the Czechoslovak republic and the accepting of its first act the so-called receptional norm and the end of the...
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CHEN, WEI, and 陳薇. "A Study on restriction on exiting the Republic of China－Focusing on the prohibition of going abroad in the Act for Worker Protection of Collective Redundancies." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/4cag8a.
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碩士東吳大學
法律學系
106
With the increasing importance of human rights protection in our country, past legislators have achieved another kind of legal protection by restricting exit, restricting residence, or prohibiting going abroad. However, although restrictions on the freedom of movement of the people are imposed by restricting exit, restricting residence, and prohibiting going abroad, their substantive significance is not the same. Our legislators did not distinguish between them. In the absence of distinction, the criminal law only stipulates that there is no limit on the number of people living in the country. The basis for restricting the residence may be used to restrict the exit from the country and discussion may take place. In public law, whether the country has restricted the taxpayers to leave the country in order to preserve the debts of the taxpayers has met the principle of proportionality, causing considerable controversy. In private law, in order to respond to the serious infringement of labor rights, the Legislative Yuan has formulated a "Large Dismissal of Labor Protection Law," specifically stipulated in the Act. When the person in charge of a public institution owes a certain percentage of wages, pensions and remuneration, the competent authority may prohibit the person in charge of the institution from going abroad. The purpose of this provision is to use state coercive power to preserve private law debt. In order to protect private law and debt, it is forbidden for the person in charge of a public institution to go abroad. Whether it is in line with the principle of proportionality is more worth discussing than public law claims. If a large number of dismissal labor protection laws are in line with the proportionality principle, a means of restricting freedom of movement, whether or not there must be due process of law before or after creation, or to what extent it needs to be involved, it has not been mentioned in the large number of dismissal labor protection laws. If we can restrict the freedom of movement while giving considerable due legal process to protect the claims of private law, we can also guarantee the rights of the person in charge of the public institution. The protection of a large number of dismissed laborers, with reference to the provisions of foreign legislation, does not provide for the prohibition of going abroad as prescribed by our country. Does it mean that there is no prohibition on the existence of a system of going abroad and that the rights of workers can also be protected? This article will also use the position of foreign law that is different from our country to provide guidance for the revision of China’s large number of dismissal labor laws. The protection of the rights of persons in charge of labor and public institutions can be further enforced.
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Liu, Huayin. "A comparative study of section 504 of the United States' Rehabilitation Act of 1973 and the Law of the People's Republic of China on the protection of disabled persons." 2005. http://purl.galileo.usg.edu/uga%5Fetd/liu%5Fhuayin%5Fn%5F200512%5Fedd.
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Norman, Michaela. "Komparace právní úpravy ochrany lesa v České republice a Švédsku." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-311059.
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Forests extend on about 4 billion hectares on the planet Earth, which makes up approximately one third of the total land area and is probably one of the most important environmental elements on the planet.In the Czech Republic forests cover about 33.7% of its land area.Out of Sweden's total land area, which is 41.3 million hectares, there is 23 million hectares of forest land. That is more than half of its total area. Creation of clear-cut areas, loss of the forests natural evolution information, waste majority of artificial forest, storm or fires are just some of the indicators of unsatisfactory conditions of forests. Therefore there is a strong importance for forest protection by means of legal regulation - International, European and especially national law, to be capable of leaving this heritage in a good condition for future generations. In this work I will focus on the comparison of forestry law in the Czech Republic and Sweden - from formal and also material point of view.
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Borovskaya, Elena. "Právní úprava zvláště chráněných území v České Republice a v Ruské federaci." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-357107.
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The offered thesis focuses on the legal regulation of specially protected areas in the Czech Republic and the Russian Federation. The thesis' objective is to present an explicit overview of the two countries' national systems comprising protected areas from the legal point of view. The thesis includes an explanation of the basic concepts related to specially protected areas in terms of nature and landscape preservation. The author starts with a concise introduction to the issue's background, and then dwells upon constitutional principles for nature conservation, related legislation and a range of categories of specially protected areas in the two countries. The basic legislation concerning specially protected areas in the Czech Republic is the Nature and Landscape Protection Act, while in the Russian Federation that function is played by Specially Protected Natural Areas Act. The thesis includes an analysis of selected legal issues, namely issues related to legal proclamation and cancellation of the status of specially protected areas, special protection regime, state administration functions, implementation of ownership and other rights. The analysis is followed by a comparison of legal regulations concerning specially protected areas and the conclusion where the author summarizes the most...
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Chen, Chin-Chien, and 陳晉杰. "The Study of its effects of the Family Violence Prevention Act in the Republic of China for Children Protection from the point of view of Social Workers-the example of the Family violence prevention Centers in Central Taiwan." Thesis, 2002. http://ndltd.ncl.edu.tw/handle/69667853604879232359.
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碩士靜宜大學
青少年兒童福利研究所
90
The purpose of this study is to survey the Family Violence Prevention Act in the R.O.C which have carried out for three years and its effects in children protection services, the resources which the social workers can use in this act, and the view of the social workers in this act about its reality and ideal for children protection services. The study is done by qualitative research. Do triangle examination by interview, data and literary collection, thinking, and using the policies which increase rigor for administrative level of checking and verifying. The interview samples consisted of 7 social workers from the Family Violence Prevention Centers in central Taiwan because of the limited factors of time and economy. The results indicated that： 1.The effects of the protection order and inflictor treatment plans of the children protection service are not good because of not enough staff and the resource, and the influence of traditional concepts. 2.The treatment plans may be broken off temporarily by the budget of the children protection service which had been deleted. 3.The case of children will be lost easily because of the resources and links are not enough, the resource network is not complete, and the businesses of social welfare system are overlapping. 4.The trainings about the family violence prevention are not enough；some departments’ operation in coordination is too low；the departments’ roles are indefinitely. 5.The case of children can’t get the complete service because of no professional to do the job；social workers have no time to do self-training and high ratio of resignation because of high pressure from the work. 6.Some local officials bring pressure, and the media reports are improper. 7.The self-safety for the witness and social workers. 8.The difficulties of implement from not thinking about our culture and learn form foreign system completely. Finally, I sincerely expect this study can provide some suggestions for further researches to study.
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Gerhardová, Ivana. "Právní režim Antarktidy, zejména ochrana jejího životního prostředí a postavení České republiky." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-330285.
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The Legal regime of Antarctica, primarily the protection of its environment and the position of the Czech Republic The purpose of my thesis is to analyse a legal regime of Antarctica, with regards to protection of its environment and position of the Czech Republic. The thesis is divided into four chapters. Chapter One contains basic introduction of the Antarctic Continent, its geography and history. Chapter Two investigates legal regime constituted in Antarctica by the Antarctic Treaty and other international documents, known as the Antarctic Treaty System. This chapter consists of six parts, each concentrating on special subject. Part one examines the path of development the Antarctic treaty, part two deals with treaty itself, part three looks at dispute settlement, part four focuses on liability in this international space, part five addresses the issue of inspections held in Antarctica. Part six describes structure and organisation of the Antarctic Treaty System, Antartic Treaty Consultative Meetings, its legal documents and Secretariat of the Antarctic Treaty. Chapter Three concentrates on the problem of protection of antarctic environment. Firts part of this chapter focuses on protection of living resources, guaranteed by the Convention for the Conservation of Antarctic Seals and the...
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HWANG, YAN-KAI, and 黃彥凱. "Study of Financial Consumer Protection Act." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/92614453289054676028.
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碩士國立臺北大學
法律學系一般生組
101
After the financial tsunami in 2008, financial market in Taiwan suffers an extreme impact. Taiwan’s market buyer fell down due to the Structured note and can’t get a reparation under the conservatism position hold by the court. Therefore it’s necessary to build up a wall to safeguard these financial consumers and so the Financial Consuming Protection Act was born. The act is separate in two parts, the protection of consumer and financial consumption dispute resolution. This thesis will compare problems after the act was used with British law and try to make reasonable explanation or possible resolution. In the main time, this thesis will also compare its deliberation procedure with other common process and sort out the grade made by the Financial Consuming Dispute Resolution Center last year
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Wang, Jie-Hong, and 王傑弘. "A Study on Civil Service Protection Act." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/04818784516070565892.
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碩士中國文化大學
政治學系
101
The 83rd Article of the Constitution stipulates matters concerning the protection of civil service are one of the main responsibilities of the Examination Yuan. In the past, Taiwan followed the Theory of Special Power Relations according to which the relationship between civil service and the state, which was identified legally as the Agency Served. As to administrative litigation, since this was not included in the civil service’s official duties and because of the asymmetry between the civil service and the state, it was unlawful for civil service to initiate administrative litigation. The problem was that Taiwan lacked an overall Civil Service Protection Act. The related provisions to safeguard public functionary rights were dispersed under such various other laws as the Civil Service Employment Act, the Merit of Performance Act, the Insurance Act, the Remuneration Act, etc. In the Postwar period, however, many countries around the world made efforts to implement the principles of Constitutional State. In Taiwan, the Grand Justices of the Judicial Yuan strove to follow this global trend in their interpretations of the law. Starting with interpretation 187, they wrote a series of interpretations that developed into a multi-principled body of interpretations that broke through and pushed aside the old Theory of Special Power Relations. The Grand Justices held that in the relationship between civil service and the state, even though legally under the Agency Served, if civil service were to suffer an adverse Administrative Adjudication, he or she should initiate Administrative Litigation. This reflected that the protection of civil service rights was increasingly being taken seriously. In 1996, this trend culminated with the passage of the “Civil Service Protection Act,” which designated the Examination Yuan as the Agency responsible to form the “Public Functionary Protection and Training Committee” and be solely responsible for managing all matters concerning the protection and training of public functionaries. Pursuant to the 2003 general reform of the Civil Service Protection Act, two channels were designated for public functionaries seeking restitution: “Deliberation Cases” and “Appeal” and “Re-appeal Cases. ” Besides upgrading the status of civil service rights, the reform provided a system for seeking relief and thus completed Taiwan’s system for seeking administrative relief. The presents study divides into 1) an introduction, 2) an overview of Taiwan’s Civil Service Protection Act, with 3) comparison to the public functionary protection systems of advanced countries, 4) questions and critical discussion of Taiwan’s Civil Service Protection Act, and 5) conclusions and suggestions. This study commences from the present administrative law system, carries out analyses of selected documents and information, exxamines the series of Civil Service Protection Act and public functionaries Administrative Neutrality Act, and finally describes the importance of protecting the civil service rights and interests. Moreover, by comparing the civil service legal systems of Taiwan and the advanced countries, the study identifies ways in which to trim the excesses and fill in the shortcomings of Taiwan’s system to make it more perfect. The focus on the present study is to analyze some protection cases of the “Civil Service Protection and Training Committee” and make suggestions. Finally, the insights and perspectives derived through this study are presented in the conclusions and suggestions section.The author hopes that these insights and suggestions will one day be useful for improving the current administrative law system to make it even more complete. Indeed, it is hoped that the present study will serve as an important reference and aid when government agencies undertake future studies and reform of Civil Service Protection Act.
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Chung, Pei-wei, and 鍾本偉. "The Shock of Financial Consumer Protection Act." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/06197341908481390913.
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碩士國立中央大學
財務金融學系
103
This study confers how the Financial Consumer Protection Act has influenced the wealth management business in financial service industry after it’s carried out, and what common points and differences are between this act and the relative acts of other countries. If the deals of financial commodities and services occure contentions or quarrels, the consumer protection act had been used on this kind of event. Besides it, the contentions or quarrels were mediated by the guilds which is composed with the members in the financial service industry so that there had been a phenomenon, sportsmen and judgments are the same. The contracts that financial consumers signed with the financial service industry were lead by the financial service industry under the environment of the information asymmetry so that the rights and interests of consumers could not be guaranteed. In 2008, many domestic investors had no return for their hard-earned capital in Taiwan after the financial tsunami occurred, and the ugly side of the unsuitable sale of the financial service industry appeared by the way. It made the government and financial administration attach importance to financial consumers’ rights and interests. In June 2011, the act to defend financial consumers’ rights and interests mainly, the Financial Consumer Protection Act, was read the third time and passed by Taiwan parliament, and the Financial Consuming Dispute Resolution Center which is authorized by this act has begun to operate on January 2, 2013, an institute that deals with financial consuming dispute cases professionally. By the match of the act and the resolution mechanism, it’s expected that there is the implementation of the protection on consumers’ rights and interests. This study stresses on differences of wealth management business in financial service industry between before and after the act’s carried out. Especially the used methods to market by the financial service industry must be adjusted in order to obey the act. Therefore, it is not the same as other relative papers that focus on researching in contents of clauses. After gathering relative rules of several countries and referring relative literatures, the study found out that there is still some points of the act which are needed to be strengthened. For instance, what kind of the role the financial administration, the Financial Supervisory Commission should play, it must be more definite. Besides, the committee members of the Financial Consuming Dispute Resolution Center are part-time filled by experts and scholars so that it is difficult to resolute disputes deeply and professionally. Therefore, it is necessary to adjust the committee members from part-time to full-time in order to feature the credibility of this center. Since this act is the newborn basis of consumer financial protection in Taiwan, there are still problems in the early implement. This study proposes the suggestions as follows for the possible improvements in the future: 1. Function and role of the competent authorities: When the major controversial cases occur, the competent authorities should unify the legal interpretation in order to ensure the consistency and the fairness in principles with the similar cases in the future. 2. Full-time positions for the ombudsman committee members: Currently, the ombudsman committee members are selected by the board from among fair and impartial persons and scholars. Offering fulltime positions to those members, like UK government, could help to establish their credibility. 3. Rapid and efficient model of decision-making: In order to protect the right of customers, the currently ombudsman committee uses the collegiate system to make decisions, but the procedure needed is complicated and time-consuming. The rapid procedure designed by UK government is recommended to gain the time and cost savings. 4. Lack of compulsive force for investigations: While handling financial consumer disputes, the ombudsman committee shall require the financial services enterprises to provide related information or documents fairly and reasonably. However, this act doesn’t make any punishment for those financial services enterprises which refuse to cooperate. As a result, it is questionable whether the authority of the ombudsman committee could be fully performed.
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Lin, Hui Zhen, and 林慧貞. "Survice Liability in the Consumer Protection Act." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/40672593040616606793.
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YANG, CHEN-YU, and 楊震宇. "A Study on Information Privacy and Protection-Focusing on the Personal Protection Act." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/pac239.
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Rhee, V. An. "A comparison of environmental impact assessment process between the National Environmental Protection Act (NEPA) and the Basic Environmental Protection Act (BEPA)." 2002. http://purl.galileo.usg.edu/uga%5Fetd/rhee%5Fv%5Fan%5F200205%5Fllm.
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Huang, Ting-Wei, and 黃亭瑋. "Well-known Trademark Protection under the Taiwan Trademark Act." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/n9g747.
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碩士國立臺北科技大學
智慧財產權研究所
101
The fame of well-known trademarks can attract consumers and cause competitors in the meanwhile to use well-known mark illegally, make consumers fall into confusion as to the source of the goods/services or free-riding. They don’t have to cost high marketing fee but grab trust of consumers, occupy market or affect fair competition. The statues of protection well-known trademarks are Article 30(11) and 70 of Trademark Act, Article 31 of Enforcement Rules of the Trademark Act and Examination Guidelines for the Protection of Well-known Trademarks under Subparagraph 11 of Paragraph 1 of Article 30 of the Trademark Act. In order to understand well-known trademark more, the thesis researches important international trademark conventions and U.S. statues and cases and analyze legislative history of Trademark law and Examination Guidelines then generalize arguments from well-known trademark cases of the Supreme Court.
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Tsai, Chiung-Chi, and 蔡瓊綺. "Administrative self-evaluation and the Civil Service Protection Act." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/c8bq7m.
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碩士國立中山大學
中山學術研究所
96
Civil Service Protection Act was promulgated and announced in 1996, establishing a significant milestone for the protection of the rights and benefits of civil servants. Originally, the Act has 35 clauses only. In 2003, it was enormously revised, and increased to 104 clauses. With its regulative contents covering procedural and substantial requirements, the Act can be called a very special law. The relief procedures stipulated in the Act include two procedures: 1. retrial 2. appeal and re-appeal. Retrial is applied to the punishment that may change the identity and relationship of a civil servant, or has significant effects to the rights and benefits to a civil servant, or the item with property request right being infringed upon because of the identity of a civil servant. Appeal and re-appeal are applied to the management measure without significant effect to the rights and benefits of a civil servant, or the handling of the related working conditions. Although the implementation of Civil Service Protection Act protects the rights and benefits of civil servants, it causes impacts to the leadership of departmental officials. However, it facilitates the authorities to conduct administration according to the laws. With this system, the disputes between civil servants and institutions can be appropriately solved. To the business promotion of institutions, it has positive meaning. The study mainly investigates the problems currently existed, including whether the related protection of rights and benefits in Civil Service Protection Act is sufficient, whether the civil servants understand the protection of their rights and benefits, whether the protection procedures are proper, whether retrial system will lead to the waste and burden of administrative resources, etc. It is hoped that through the investigation of the existing system and the discoveries in times of practice, the proposed suggestions can be a reference for revising the law. The paper has about 10,000 words, and is divided into six chapters. Chapter 1 is the introduction. Chapter 2 analyzes the protection system of the civil servants of Taiwan. Chapter 3 is about the administrative self-evaluation. Chapter 4 compares the various administrative self-evaluation systems. Chapter 5 takes Kaohsiung City Government for examples, and undergoes case study, in-depth interviews and questionnaire survey for further explanation. Chapter 6 is about the conclusions and suggestions, giving proposes for the aspect of legal system and the aspect of execution. Especially on the aspect of execution, further investigation is made on three aspects, including the government authorities, civil servants and personnel. It is hoped that the study is helpful to the subsequent legal amendments or to researchers. Having analyzed some cases, and made in-depth interviews and questionnaire survey, the paper proposes several suggestions. First of all, the measurement standards of the administrative rules should be clearly specified. Secondly, a reinvestigation participation system should be established. Thirdly, the powers and functions of Civil Servants Association should be strengthened. Besides, the imposition of criminal punishment and disciplinary sanction should be reviewed. The disciplinary right should be passed to the administrative institutions, and the judicial institution should be responsible for the investigation right. In addition, the paper considers the appropriate disclosure of the punishment decisions or reinvestigation procedures and information so as to reduce the civil servants’ queries of their institutions, establish in civil servants a value judgment of excellent work, and form a mutual supplementation and assistance relationship between the chiefs and the colleagues. Through the lectures and procedures, practical rehearsals, and the strengthening of personnel staff’s business handling abilities, the institution is able to undergo an updated and harmonious development in maintaining the rights and benefits of civil servants and conducting the overall business promotion
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Jheng, Yi-Min, and 鄭依旻. "Study of Security Measures for Personal Information Protection Act." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/7cnq77.
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碩士國立交通大學
管理學院資訊管理學程
107
Under the wave of innovative technology and massive reliance on Internet services, networks and electronics are the basic equipment for business operations. It changes for human’s work and life with convenience. In recent years, the increased rampant domestic and foreign fraud, the theft of personal data, and the leakage of personal funds have emerged one after another. It caused significant losses to many corporate organizations, coupled with the growing trend of victims of foreign capital. The purpose of a hacker attack is usually aiming to get valuable information, not to destroy the system. The new regulations of the EU's GDPR (General Data Protection Regulation) had been implemented on May 25, 2018. How companies protect personal data. Avoid losses that are difficult for companies to estimate due to foreign capital leakage. It is an important topic in the current business world. Facing the continual evolution and change of cyber threats. Organizations can't only strengthen the security and financial management. The information security management system can be continuously updated and maintained through the PDCA cycle mode. Combined with the control measures and safety level verification of the information security management standard (ISO 27001). It is necessary for employees' education and training to have a clear understanding of the relevant provisions on security and personal protection. And indeed implement various security and personal protection measures. Only the legislative purpose of protecting the security of personal data can be truly implemented.
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Lee, Yu-Chang, and 李昱昌. "A Research on Distance Sales of Consumer Protection Act." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/88746052590068809972.
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碩士國立中興大學
法律學系科技法律碩士班
105
Due to the development of science and technology, people''s life is more and more convenient. The trader can trade with consumers through communication tools, such as television broadcasts, telephones, facsimiles, catalogs, newspapers, magazines, the Internet, flyers, or any other similar channels. However, this trade model will lead to consumer disadvantage. Therefor, the Consumer Protection Act protects consumers and equates the trading position of trader and consumers. In the Republic of China 104 years, the Consumer Protection Act for major amendments, including the definition of “Distance Sales”. However, the Consumer Protection Law made at the same time no coordination amendments to the relevant regulations in line with them. Thus, it is an issue worth debating and thinking whether need to carry out some improvements to the regulations governing updated transaction models. Inspired by a lack of update on the “Distance Sales” as mentioned above, this paper, divided into five sectors, intends to explore in respective chapter the problems in relevance to distance sales, and comes up with viewpoints after a review to the current rules of Taiwanese Consumer Protection Act as follows: Firstly, this paper starts the subject with an introduction to the paper. The second chapter gives an overview to distance sales, and illustrates legally its definitions, relationships of trading environment, characters, types and the development of legal case viewed from Comparative Law. This paper looks at foreign legislation in legislative bodies such as America, Japan or the European Union Then, this paper would discuss the legal information obligation that the mail order must comply with before making a contract. Its theoretical foundations, legal natures, required contents, ways and periods to inform, as well as the legal effects failing to obey it are under further debate. This paper also deals with the right of unconditional dissolution of contract, followed by discussions about the development process of the system to terminate a contract, its legal characters, and the relevant rules of Taiwan’s Consumer Protection Law. The chapter four would discuss three classical cases to review the amendment to the Consumer Protection Law amd provides a proposition for lawmaking. The last chapter will summarize all the above discussions and perspectives.
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Chen, Ih-Ling, and 陳伊伶. "Study of Security Measures on Personal Information Protection Act." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/72147559250267339394.
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碩士東吳大學
法律學系
101
英文摘要：(Abstract) The development of information and communication technology has changed our daily life. Our living environment has been surrounded by a variety of data sets. Through the rapid ananysis and transmission of personal information, we all become transparent. It can be treated as a result of civilization or it may be looked as another type of invasion of privacy. However, it is clear that our personal space is getting smaller. It also reflects the significance of information privacy. Personal data should be processed fairly and lawfully and, in particular, should be kept secure. It should be protected by proper security safeguards to prevent them from being stolen, altered, damaged, destroyed or disclosed. It serves as the basis for the realization of individuals' rights pertaining to their information. This thesis is devoted to the study of security measures on Personal Information Protection Act. The Act obliges organizations to take the proper technical and organizational measures to protect the personal data. The use of the word "proper" to describe required security measures makes difficulty to assess whether an organization has complied with the Law. Since the personally identifiable information is not created equal, organizations should use a risk-based approach such as privacy impact analysis to appropriately protect the data. Therefore, the proper security measures under this law should be measured against an "objective" standard based on the circumstances of the data collector, the threat environment, available technology, the nature, volume and sensitivity of information, the legal obligations and the degree of damage, etc. Based on above factors, in this thesis we build a framework for civil damage compensation factors. It can serve not only as sentencing standards for data breach lawsuit, but also as a guideline for organizations to comply the legal requirement for protecting data. However, it is emphasized here that the best security measure is to create a culture of security and to follow the collection and use limitation principles.Under the premise of ensureing our privacy, we can then really enjoy the benefits through the rapid advances in information technology. Keywords: Information Privacy, Appropriate Security Measures, Personally Identifiable Information, Privacy Impact Analysis, Civil Damage Compensation Factors.
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Miau-chih, Chou, and 周妙枝. "A Study on Punishment in Personal Data Protection Act." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/96157410474783054489.
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碩士東吳大學
法律學系
102
"Personal Data Protection Act," revised from "Computer Processing of Personal Data Protection Act," amended and promulgated on May 26, 2010, was announced October 1, 2012. Its focus on amending the law on criminal responsibility, the main object is to extend the penalty-profit and non-violation of norms intent crime, and violations of intent for profit, increase criminal liability to five years imprisonment, and a NT $ 1 million fines will also intent on profit and public agencies committed the crime of obstruction of a lawsuit to recover assets correctness requirements to non-telling is on. The new law provides for a penalty of about funding, in addition to the violation of the criminal law seems clear Elements of the basic requirements, there is also the main crime problem is unknown and in criminal and non-exploitative degree of blame were treated in other countries. With regard to those points, in this paper asserts: (a) to avoiding implicated too broad, should be deleted non-exploitative criminal violation of Personal Data Protection this Act, instead of torts damages or administrative penalties; (b) to avoid to conflict with The Freedom of Government Information Law and contrary to the original intention of the legislation, public schools, public hospitals, social education institutions and other non-exercise of public authority of local or central authorities should be included in the scope of official authority specification; (c) for the avoidance of too general to expand the definition of personal data, should be added "can recognize the individual's data" after the exemplified regulations, and too difficult to distinguish the sensitivity of personal information, can be used the "health" instead of "medical", "health" and "health check"; (d) the statistical or scholarly study of the individual to whom the information collection, processing, use, or outside Objective , should have a higher public nature, and should then set certain provisions in the program party terribly.
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Chen, Cheng-Hsin, and 陳正欣. "Protection of Victims of Crime as a Research─Crime Victims Protection Act to the Center." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/99657619108054773301.
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碩士國防大學管理學院
法律學系
99
Protection of victims of crime as the main basis - "Crime Victims Protection Act, " the purposes set out so far more than thirteen, the norms of the protection agency - "Crime Victim Compensation Review (cover review) Committee ","Crime Victims Protection Association Foundation "Set up has entered the thirteenth year, more than ten years back that day, to attain the circumspect protection as victims of crime, " Crime Victims Protection Act, "amended several times in succession to do, " Institute for Crime Victims Protection Association "Services also continue to expand, then many of the reforms, really has to eliminate the suffering of victims of crime, the drains back from the dark, the bright side, sweeping away the haze of the past it? Exploration of special value! So,this protection agencies to victims of crime as the theme of the organization and functions of research, in addition to an overview for the organization and functions, mainly to China and Japan comparative crime victim protection, as the center of discussion. In order to clarify its scope and related issues, it is divided into six chapters to do the discussion, the main structure is as follows: The first chapter is an introduction, describes the motivation of this thesis, purpose, method, scope and limitations of research process. The second chapter is the evolution of the victims and the victims of school, the first overview of the changing role of the victim, and then to criminology, criminal law and victims of crime the United Nations Declaration of Human Rights discussed in the definitions of the victim; further discussion of the definition of victimology and development; Complex view victimology protection of victims of the crime and so on. The third chapter is the study of crime victims protection legislation, intended to introduce China and Japan for the protection of victims of crime related to the legislative norms and to compare the differences between the legal system. Chapter IV Protection of victims of crime and functions of institutions and organizations, intended to introduce China and Japan, organized crime victim protection institutions and functions, and compare the differences between the two organizations and functions. Chapter V Protection Agency for the Protection of Victims of Crime, as the diligent implementation of the proposed protection agencies for practical operation of the current situation is room circumspect review of the defects, and proposed for the lack of sophisticated set of recommendations to implement the protection of victims of crime. Chapter VI Conclusions and Suggestions for the contents of the first five chapters, integration, and makes a summary of recommendations and personal experience, sophisticated look forward to providing protection to victims of crime policy reference. It was expected that this study, summarized in the current practice of these protection agencies operating on the surface to explore the lack of diligent implementation of the recommendations put forward that the Government protect the victims of crime policy department policy reference.
47
Nai-Kang, Huang, and 黃迺康. "A Study of Management Mechanism for Enterprise Privacy Protection Based on Personal Data Protection Act." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/97067221936394110771.
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碩士國立中正大學
會計與資訊科技研究所
99
The Legislative Yuan passed the Personal Data Protection Act on April 27th, 2010, and it let the personal data protection issues call the public's attention. In the future organization, regardless of their size or the amount of personal data, will be subject to the Personal Data Protection Act. It affect the data collection and processing way and the marketing practices, and it also increase criminal penalties and compensation that is up to $200 million when the enterprise is against the law. Therefore, the enterprise should engage in planning and implement information security protection of personal data at this stage in quickly. ISO 27001 is an international standard of information security management system. But this is not representative for the integrity of personal data protection in the enterprise when they follow ISO 27001. The enterprise’s information security is focus on the confidential information and less to the customer's personal data. As a result, it make inadequate on personal data protection and enhance the possibility of conflict with the law. In this situation, the enterprise must adjust and build the appropriate security structure to control personal data processes to meet compliance requirements. So they require a complete set of standards to follow to ensure the enterprise adjust properly, comply with regulations, and fulfill the obligation of protecting personal data. This study applies the Gowin's Vee research strategy. In the conceptual side, we sorted out 4 control domains, 15 control objectives, and 75 control measures which develop the Enterprise Privacy Protection Management Mechanism by literature review about Personal Information Management System and Personal Data Protection Act. Then we apply the Delphi Expert Questionnaires to fix this mechanism and add a new control measure. In the methodological side, we use the case study to verify and assessment the practicality and availability of this mechanism. This research shows that the research outcome, the Enterprise Privacy Protection Management Mechanism, provides organizations a reference and compliance purpose to help them obey the law, reduce the risk of litigation, and fulfill the responsibilities of protect personal data.
48
Yi-Chang, Lee, and 李易璋. "The Study of Civil Service Protection System – Taking Civil Service Protection Act as the Central." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/sghf8c.
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博士國立臺北大學
法律學系一般生組
101
Civil service system facing 21st century challenges of the times. Since 1984 the years, from the Justices explained handle special power relations at the beginning of the executive paying attention to public servants' equity protection, especially in 1996 to develop Civil Service Protection Act committed to protect public servants' equity; and in 2003 a comprehensive amendment to the law. This legal system's efforts can promote public servants equity security system to a more enhanced, affecting the country of central and local government civil servants, for civil rights and interests of the volumes have a study on room. In this thesis, "Civil service Law" in the legal system of the Civil Service Protection theoretical and practical issues, as of this writing theme, by civil servants working for the protection of the legal system and practice based on two dimensions. To achieve the above research purposes, this article would research problems: 1. from the understanding of Japanese civil service security system of security objects, security projects, security organizations and security procedures and other aspects understand our public servants security system of the problem; 2. the analysis of the Constitution the positioning of the civil service system and the security system of the basic connotation; 3. from the civil protection system established by the constitution addressed the Civil Service Protection Law stipulates that the security objects, security projects to protect and safeguard procedures, organizational aspects, protection of the contents of the review whether proper ; 4. review the Civil Service Protection on open content practices, to clarify the practical side of the problems and Solutions; 5. proposed for our Civil Service Protection system recommendations for improvement, to serve civil legal system of strength, in order to implement the civil servants' equity guarantee.
49
WEI-CHU, LUO, and 羅偉助. "A study of the information free act and the protection of personal data act in Japan." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/91241137043285248940.
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Yang, Chiu-Min, and 楊秋敏. "Research of liability without fault：center on the Consumer Protection Act." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/32998458688902282074.
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