Journal articles: 'The scope of the rule'

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Kahn, Leonard. "Rule Consequentialism and Scope." Ethical Theory and Moral Practice 15, no. 5 (April 13, 2012): 631–46. http://dx.doi.org/10.1007/s10677-012-9357-4.

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Day, William. "CONTRACTS, ILLEGALITY AND COMITY: RALLI BROS REVISITED." Cambridge Law Journal 79, no. 1 (March 2020): 64–90. http://dx.doi.org/10.1017/s0008197320000252.

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AbstractThere has always been considerable uncertainty about the nature and scope of the rule by which contractual performance is excused if illegal in the place of performance, even though performance would not be illegal by the contract's governing law. This article revisits the so-called “Ralli Bros rule” and looks at how the scope of the rule has been developed and its nature misunderstood. It argues that the rule is neither a choice of law rule nor part of the rules discharging a contract for frustration but is instead a public policy rule favouring judicial abstention for reasons of comity. This has implications for how the rule interacts with the choice of law rules for contracts under the Rome Convention and the Rome I Regulation.

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Conway, Michael D. "Narrowing the Scope of Rule 13(a)." University of Chicago Law Review 60, no. 1 (1993): 141. http://dx.doi.org/10.2307/1600033.

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Moneymaker, James M., and W. Richard Janikowski. "The Diminishing Scope Of The Exclusionary Rule." Criminal Justice Policy Review 4, no. 2 (June 1990): 105–14. http://dx.doi.org/10.1177/088740349000400202.

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Nalle, Victor Imanuel W. "The Scope of Discretion in Government Administration Law: Constitutional or Unconstitutional?" Hasanuddin Law Review 4, no. 1 (April 7, 2018): 1. http://dx.doi.org/10.20956/halrev.v4i1.1316.

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Law No. 30 of 2014 on Government Administration (Government Administration Law) has set the scope of discretion in Indonesian legal system. But the form of discretion is limited in scope government decision (KTUN) and factual actions of the government. The restriction implicates circulars or others policy rule is not a form of discretion. In addition, the provisions concerning the terms of use discretion, procedures and legal effect of discretion in the Government Administration Law are not applicable to the use of policy rule. In fact, the substance of discretion in policy rule (e.g. circulars and instructions) has the potential of conflicting laws and regulations and/or General Principles of Good Administration. The legal issues in this study are the constitutionality of the scope of discretion in Article 1 point 9 and Article 23 paragraph (1) of the Government Administration Law. This analysis showed that limits the scope of discretion in Government Administration Law contrary to formal elements, substantive, and control mechanisms within the rule of law. This analysis also suggests the expansion of the scope of discretion in the Government Administration Law and setting policy rules as the object of the petition for judicial review so that there is a control mechanism by trial to discretion in the form of policy rule.

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Clark, Tom S. "Scope and precedent: judicial rule-making under uncertainty." Journal of Theoretical Politics 28, no. 3 (February 24, 2015): 353–84. http://dx.doi.org/10.1177/0951629814568397.

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Wączek, Adrianna. "RULE OF DIRECTNESS IN APPEAL PROCEEDINGS IN VIEW OF ARTICLE 452 OF THE CODE OF CRIMINAL PROCEEDINGS FROM A HISTORICAL PERSPECTIVE." Probacja 2 (December 16, 2019): 155–80. http://dx.doi.org/10.5604/01.3001.0013.6114.

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The rule of directness is classifi ed under the so-called non-codifi ed rules. This means that decoding the content of that rule is possible based on the interpretation of the relevant group of regulations. Article 452 of the Code of Criminal Proceedings constitutes a fundamental provision which answers the fundamental question regarding the scope of implementation of the rule of directness in appeal proceedings. The scope of the rule of directness in proceedings before the court of second instance is determined by the model of appeal proceedings, shaped on the basis of the applicable limits of admissible command in an appeal body. As a result of the remodelling of appeal proceedings from a purely control role towards control and identifi cation proceedings, this rule was strengthened in an appeal body.

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Bell, Andrew W. "Clarifying the Scope of Texas’s Cross-Jurisdictional Tolling Rule." Texas A&M Journal of Property Law 4, no. 3 (February 2018): 255–71. http://dx.doi.org/10.37419/jpl.v4.i3.5.

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This Comment seeks to clarify the scope of cross-jurisdictional tolling in Texas. Although both Texas and federal courts interpreting Texas law have addressed this issue, no Texas court has specifically addressed whether putative members of a class action lawsuit—which was filed in a federal court located in Texas and that asserts Texas property-related claims—can rely on the class action lawsuit to toll the statute of limitations applicable to their claims. Part I of this Comment provides a brief history of the class action tolling doctrine, specifically describing American Pipe and its progeny. Part II discusses recent Texas case law decisions on the American Pipe doctrine and their applicability when cross-jurisdictional tolling is involved. Part III briefly discusses the policy concerns behind cross-jurisdictional tolling. Part IV recommends that Texas should adopt cross-jurisdictional tolling in property-related cases, especially when the class action lawsuit is filed in a federal court located in Texas. Finally, Part V summarizes the points discussed in this Comment.

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Beshenkova, E. V., and O. E. Ivanova. "About the Academic Description of Russian Spelling. (To Spelling Rule Theory)." Russian language at school 81, no. 5 (September 15, 2020): 61–66. http://dx.doi.org/10.30515/0131-6141-2020-81-5-61-66.

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The article is devoted to the concept of a rule as a tool of scientific and orthological description. A rule is a conventional kind of scientific interpretation in any writing system, such as the description of morphological types in morphology or syntactic models in syntax. In this regard, rules must comply with the requirements for tools of scientific and orthological description. A rule as a tool for scientific description should be internally consistent and not contradict other rules, clearly define the described range of phenomena, cover all cases, clearly distinguish between the scope of the rule and the scope of the dictionary, be terminologically correct. As an orthological tool, a rule should not only correspond to the modern norm, but also determine the vector for future codifications. As a modern orthological tool, a rule should be accompanied by a commentary. The purpose of this commentary is to show the reader the scientific and methodological validity of both a general approach to describing the problems of different sections of the spelling, and each specific rule, to present a range of different interpretations of a particular spelling and justify the proposed one. The proposed description is based on the authors’ theoretical views on writing as a self-developing system and on the role of codifiers as a subjective factor in the development of this system. The conclusions are based on studies of historical changes in each spelling rule and writing in general, as well as modern fluctuations observed in spelling practice and directions for their elimination. This article reveals the authors’ approach to creating a commented set of rules for Russian spelling – a complete, consistent, scientific description of writing in the common form of rules that meets modern standards.

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Song, Jaeyeol, Jin-Kook Lee, Jungsik Choi, and Inhan Kim. "Deep learning-based extraction of predicate-argument structure (PAS) in building design rule sentences☆." Journal of Computational Design and Engineering 7, no. 5 (May 14, 2020): 563–76. http://dx.doi.org/10.1093/jcde/qwaa046.

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Abstract This paper describes an approach to extracting a predicate-argument structure (PAS) in building design rule sentences using natural language processing (NLP) and deep learning models. For the computer to reason about the compliance of building design, design rules represented by natural language must be converted into a computer-readable format. The rule interpretation and translation processes are challenging tasks because of the vagueness and ambiguity of natural language. Many studies have proposed approaches to address this problem, but most of these are dependent on manual tasks, which is the bottleneck to expanding the scope of design rule checking to design requirements from various documents. In this paper, we apply deep learning-based NLP techniques for translating design rule sentences into a computer-readable data structure. To apply deep learning-based NLP techniques to the rule interpretation process, we identified the semantic role elements of building design requirements and defined a PAS for design rule checking. Using a bidirectional long short-term memory model with a conditional random field layer, the computer can intelligently analyze constituents of building design rule sentences and automatically extract the logical elements. The proposed approach contributes to broadening the scope of building information modeling-enabled rule checking to any natural language-based design requirements.

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BARGHOUTI, NASER S., and GAIL E. KAISER. "SCALING UP RULE-BASED SOFTWARE DEVELOPMENT ENVIRONMENTS." International Journal of Software Engineering and Knowledge Engineering 02, no. 01 (March 1992): 59–78. http://dx.doi.org/10.1142/s021819409200004x.

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Rule-based software development environments (RBDEs) model the software development process in terms of rules that encapsulate development activities, and assist in executing the process via forward and backward chaining over the rule base. We investigate the scaling up of RBDEs to support (1) multiple views of the rule base for multiple users and (2) evolution of the rule base over the lifetime of a project. Our approach is based on clarifying two distinct functions of rules and chaining: maintaining consistency and automation. By definition, consistency is mandatory whereas automation is not. Distinguishing the consistency and automation aspects of RBDE assistance mechanisms makes it possible to formalize the range of compatible views and the scope of mechanizable evolution steps. Throughout the paper, we use the MARVEL RBDE as an example application.

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Marotti, Loris. "Determining the Scope of the Local Remedies Rule in unclos Disputes." Max Planck Yearbook of United Nations Law Online 21, no. 1 (October 10, 2018): 36–62. http://dx.doi.org/10.1163/13894633_021001003.

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Art. 295 of the UN Convention on the Law of the Sea (unclos) embodies the rule of prior exhaustion of local remedies by making a renvoi to cases where the application of the rule is required by international law. In the practice of the International Tribunal for the Law of Sea (itlos) and Annex vii Tribunals, States continuously raise preliminary objections based on Art. 295. However, such tribunals have never found the local remedies rule applicable. In this paper, it is argued that the approach taken by unclos Tribunals towards the applicability of the local remedies rule is not persuasive since, absent proper reasoning, it fails to align with – or expressly depart from – what appears to be the present state of international law on the topic. Furthermore, the above practice undermines the effectiveness of Art. 295 and calls into question the actual relevance of the local remedies rule within unclos disputes. In the present article the approach followed by unclos Tribunals with respect to the applicability of the local remedies rule is assessed against a reconsideration of the issue of mixed claims and the specific regime set forth in the Law of the Sea Convention. In the concluding section the approach taken in unclos Tribunals’ case law is considered in light of recent criticisms pointing out the current improper expansion of the jurisdiction under unclos Part xv.

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Aladwan, Zaid. "The implementation of the fraud exception rule: a comparative study." Journal of Financial Crime 27, no. 3 (May 25, 2020): 977–93. http://dx.doi.org/10.1108/jfc-02-2020-0016.

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Purpose The purpose of this paper is to examine the application of the fraud exception rule and try to analyze the different approaches in regard to the implication of fraud rule in letters of credit. Further, this paper tries to explore if there is an obstacle when applying such exception rule in common law and whether there is an overlap with interpreting the said rule. The same fact appears in civil law courts as well. Design/methodology/approach This paper is a comparative study which uses analytical approach and critical legal thinking. Findings The scope of the fraud defence, the US legal systems demonstrate that the scope of the fraud rule is extended and covers both fraud in documents and fraud in the underlying contract, while in contrast, in UK the rule’s scope is restricted to fraud in documents only. Such an approach is reasonable, as it is justified by applying the Uniform Customs and Practice for Documentary Credits (UCP) rules strictly. That is to say, English courts apply the rules literally, even if it does not lead to fair judgements, while in contrast, American courts seek to enforce justice even if it goes beyond the rules. In any case, restricting the fraud exception to fraud in the documents is the proper approach. The reason for such restriction, on the one hand, is to maintain the integrity of letters of credit and, on the other hand, to affirm the autonomy principle. Originality/value Extending the scope of the fraud defence will require banks to go beyond the documents, which is not logical. Banks are neither expert in such transactions nor required to do so. Most importantly, banks are concerned with documents only; it is for the court to go beyond the documents. Although this approach could be criticized, it is important to ensure that the validity of the documentary credit instrument is not compromised. As established by academics, any argument need not engage the bank unless it is in respect of the presented documents. In short, “pay now, argue later” is paramount to distinguish parties’ litigations from banks vs parties’ litigations. In any case, it can be suggested that extending the fraud rule exception to include fraud in the underlying contract from Jordan perspective is not the proper one because it is necessary to maintain the integrity of letters of credit and to affirm the autonomy principle.

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Kutner, Matthew J. "SEC approves FINRA’s rules to protect seniors from financial exploitation." Journal of Investment Compliance 18, no. 3 (September 4, 2017): 64–66. http://dx.doi.org/10.1108/joic-06-2017-0042.

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Purpose To inform readers of new FINRA Rule 2165 and amended FINRA Rule 4512, which are aimed at protecting seniors from financial exploitation. Design/methodology/approach This article discusses the scope of the FINRA Rules and amendments, including provisions for temporary holds on disbursements of funds or securities and the revised National Adjudicatory Council (NAC) Sanction Guidelines, and provides the author’s analysis. Findings This article concludes that the while FINRA Rule 2165 and the accompanying amendments to FINRA Rule 4512 take the apparent position that financial professionals are an initial line of defense against exploitation, brokers could face challenges in implementing the changes, including with the decision-making discretion afforded to them with respect to the “reasonable belief” elements of the rules. Originality/value This article contains valuable information about recent FINRA Rules and guidance from an experienced investment management lawyer.

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Nkoane, Paul. "Appraising the Scope and Application of the Market-Price Rule in Upheld Contracts." South African Mercantile Law Journal 32, no. 2 (2020): 253–76. http://dx.doi.org/10.47348/samlj/v32/i2a4.

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The use of the market price for determining liability in contract lacks dedicated attention in South African law. Even far scanter is the holistic literature on the use of the market-price rule in contracts that are not terminated on breach of contract. Although, there has been suggestions that the market-price rule can be used to determine damages in upheld contracts, this was never technically demonstrated. Thus, the argument that the market-price rule can be used in contracts that are not terminated remains moot. This article presents various methods that illustrate how the market-price rule should apply in upheld contracts. The article undertakes a comprehensive analysis of the market-price rule to determine its efficacy in contracts that are not terminated, with the focus on the determination of the degree of liability. Regarding the determination of liability, the article to some extent discusses contracts with latent defects and those with items of questionable quality. Various methods and techniques are discussed to enlighten about how the market price can affect the determination of liability in upheld contracts, and to illustrate that this principle is suitable for determining damages in contracts that are not terminated.

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Zoń, Katarzyna Maria. "Kilka uwag o obowiązku udzielania przez lekarza podstawowej opieki zdrowotnej świadczeń poza zakresem swojej specjalizacji." Przegląd Prawa i Administracji 107 (April 4, 2017): 375–87. http://dx.doi.org/10.19195/0137-1134.107.20.

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A FEW REMARKS ON A PRIMARY CARE DOCTOR DUTY TO PROVIDE HEALTH SERVICES OUTSIDE THE SCOPE OF SPECIALIZATIONFirst it should be pointed out that a doctor has a duty to provide health services within the scope of his/her specialization. This basic rule arises from both statutory and deontological regulations.The aim of this paper is to analyze the issue of a primary care doctor duty to provide health services outside the scope of his/her specialization as an exception to the above rule. In this respect it is very significant to explain the statutory and deontological regulations related to this topic, because it is necessary for further considerations. Then the exceptions to the rule are discussed. In this context the specific duty to provide health services outside the scope of specialization, concerning a primary care doctor should be highlighted.In the end the conclusions of the analysis are presented.

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Sullivan, G. R. "Restating the Scope of the Derivative Action." Cambridge Law Journal 44, no. 2 (July 1985): 236–55. http://dx.doi.org/10.1017/s0008197300115387.

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By equitable concession a shareholder may bring a representative action, ostensibly on behalf of himself and fellow shareholders, but in reality for the company, to permit corporate recovery against persons in a position of control who have perpetrated a fraud on the company. Such “derivative” actions form an exception to the axiom, expressed as one aspect of the rule in Foss v. Harbottle, that in matters of corporate recovery the proper plaintiff is the company itself.

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Jansen, Henrike. "In view of an express regulation: Considering the scope and soundness of a contrario reasoning." Informal Logic 28, no. 1 (February 28, 2008): 44. http://dx.doi.org/10.22329/il.v28i1.513.

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A contrario reasoning (or ‘a contrario argument’ or ‘argument a contrario’) is traditionally understood as an appeal to the deliberate silence of the legislator: because a legal rule does not mention case X specifically, the rule is not applicable to it. Modern perspectives on legal reasoning often apply this label to a broader concept of reasoning, namely the reasoning by which a legal rule is not applied because of the differences between the case at hand and the one(s) mentioned in the legal rule. This article first explains how the broader concept could have come into being, and then argues that from an argumentation theoretical point of view the modern concept makes no sense as a category of argumentation. Furthermore it is shown under which conditions the traditional concept can be sound.

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AROSEMENA, GUSTAVO. "Conflicts of rights in international human rights: A meta-rule analysis." Global Constitutionalism 2, no. 1 (January 31, 2013): 6–36. http://dx.doi.org/10.1017/s2045381712000214.

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AbstractThis study is an analytical account of the phenomenon of conflicts of rights, tailored to the context of international human rights law. It addresses the nature of conflicts of rights, the relationship between conflicts of rights and the extent and scope of the rights catalogue and the methods used to resolve conflicts. It is structured around the notion of a meta-rule. It argues that a conflict of rights can only be resolved ‘legally’ through the application of a rule that guides the decision maker to a solution. The study addresses the suitability and justification of such rules.

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Arena, Amedeo. "The Wall Around EU Fundamental Freedoms: the Purely Internal Rule at the Forty-Year Mark." Yearbook of European Law 38 (January 1, 2019): 153–219. http://dx.doi.org/10.1093/yel/yez010.

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Abstract ‘Purely internal situations’ are sets of facts entirely confined within a single Member State. According to the ‘purely internal rule’, introduced by the European Court of Justice (ECJ) in 1979, purely internal situations lie outside the scope of the internal market fundamental freedoms and of other EU provisions having a cross-border scope. On the fortieth anniversary of the jurisprudential genesis of the purely internal rule, this article seeks to examine its origins, rationale, and evolution, by analyzing the most relevant patterns in the over 250 preliminary rulings handed down in disputes involving purely internal situations. This survey will enable an assessment of the systemic significance of the purely internal rule and of the consequences that abolishing that rule would have for the European integration process.

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Horwitz, Marc, Claire Hall, and Bradley Phipps. "Life on the margin: US margin rules finalized at last." Journal of Investment Compliance 17, no. 2 (July 4, 2016): 70–74. http://dx.doi.org/10.1108/joic-04-2016-0018.

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Purpose To discuss the US Commodity Futures Trading Commission’s (CFTC’s) final rule regarding margin for uncleared swaps (the CFTC margin rule) and an interim final rule exempting non-financial and certain other end-users who are eligible for the end-user clearing exception from the scope of the CFTC margin rule, both adopted in December 2015. Design/methodology/approach Compares the CFTC margin rule to the similar “Bank margin rule”; explains what trades and types of entities are covered, the treatment of inter-affiliate swaps, the initial margin and the variation margin requirements, the types of collateral that can be posted, the required documentation, how netting is applied, the custodian requirements and the compliance dates. Findings The margin rules apply to uncleared swaps including cross-currency swaps, non-deliverable foreign exchange forwards and currency options. Exempt foreign exchange swaps and deliverable foreign exchange forwards are not required to be margined. Non-financial end-users who rely on the end-user exception are exempt from margin requirements. Originality/value Practical guidance from experienced financial services lawyers.

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Pech, Laurent. "‘A Union Founded on the Rule of Law’: Meaning and Reality of the Rule of Law as a Constitutional Principle of EU Law." European Constitutional Law Review 6, no. 3 (October 2010): 359–96. http://dx.doi.org/10.1017/s1574019610300034.

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Feng, Shengli. "On Nuclear Stress Rule in Chinese." Cognitive Linguistic Studies 2, no. 1 (September 24, 2015): 1–23. http://dx.doi.org/10.1075/cogls.2.1.01fen.

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This paper discusses the syntactic function of Nuclear Stress Rule (NSR) in Chinese; it is argued that the NSR is a central mechanism developed in the theory of prosodic syntax under which the interface effects between prosody and syntax are derived. It is shown that the NS not only carries the normal sentential stress but also manifests wide scope focus information. In answering questions and confusions raised in recent years, this paper provides some new facts with new analyses motivated by the Government-based Nuclear Stress Rule in Chinese.

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Hawkins, Charles P. "The Clean Water Rule: defining the scope of the Clean Water Act." Freshwater Science 34, no. 4 (December 2015): 1585–87. http://dx.doi.org/10.1086/684005.

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Wasylkowska-Michór, Magdalena. "Scope of application of the generał rule in the Rome II Regulation." Acta Iuris Stetinensis 30 (2020): 89–106. http://dx.doi.org/10.18276/ais.2020.30-07.

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Møller, Jørgen, and Svend-Erik Skaaning. "On the limited interchangeability of rule of law measures." European Political Science Review 3, no. 3 (April 1, 2011): 371–94. http://dx.doi.org/10.1017/s1755773910000421.

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During the latest decade, empirical research on the causes and consequences of the rule of law has expanded and, in the process, become extremely influential. However, we show that a number of widely used indices of the rule of law are not interchangeable. This lack of interchangeability is reflected in the fact that they are based on different defining attributes, to some extent cover distinct empirical scopes, do not correlate highly with each other, and support different explanatory factors. Until a consensus has been established with respect to the conceptualization of the rule of law, scholars are thus not free to opt for the measure that fits their data requirements best regarding spatial and/or temporal scope. Instead, they must carefully assess the content validity vis-à-vis their stipulated definition of the rule of law. Given the amount of money and time poured into the rule of law agenda, the problems identified reflect the lack of maturity of ‘good governance’ research.

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REINOLD, THERESA, and MICHAEL ZÜRN. "‘Rules about rules’ and the endogenous dynamics of international law: Dissonance reduction as a mechanism of secondary rule-making." Global Constitutionalism 3, no. 2 (July 2014): 236–73. http://dx.doi.org/10.1017/s2045381714000045.

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AbstractWe can observe some developments that indicate a further strengthening of human rights and the rule of law even after 2001. These developments are puzzling as they occurred despite largely unfavourable scope conditions. This article offers an account of these developments that focuses on dynamics endogenous to the law. These internal dynamics provide a causal mechanism that sets in once a certain threshold of legalization has been reached. We employ the Hartian notion of secondary rules which we think is an especially helpful conceptual tool to analyse the endogenous dynamics of legal systems. To the extent that law is programmed towards consistency, secondary rules become necessary in an environment of rapidly increasing legal density to govern the complexity resulting from this proliferation of norms. Upholding consistency is necessary to maintain the autonomy of law in a Luhmannian sense and the ‘morality’ of the legal system in a Fullerian sense. Our goal is to show this and at the same move beyond an argument of system or normative functionality by identifying causal mechanisms that can explain the law’s built-in drive towards secondary rules, and that are in accordance with broader social science theory. We use some insights from cognitive psychology to develop these causal mechanisms further. While testing these causal mechanisms would be beyond the scope of this paper, we hope to provide the conceptual tools for future empirical research on the dynamics of secondary rule-making and offer some empirical illustrations to demonstrate how dissonance reduction operates in practice.

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EFROYMSON, REBECCA A. "REGULATING RISK: OVERSIGHT OF MICROBIAL PRODUCTS OF BIOTECHNOLOGY UNDER THE U.S. TOXIC SUBSTANCES CONTROL ACT." Journal of Environmental Assessment Policy and Management 01, no. 03 (September 1999): 329–47. http://dx.doi.org/10.1142/s1464333299000259.

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The Toxic Substances Control Act (TSCA) is the legislation used by the U.S. Environmental Protection Agency to regulate releases of genetically engineered microorganisms. The rule defining the scope of the notification requirements for releases of microbial products of biotechnology was published in April 1997. The Environmental Protection Agency (EPA) had some latitude regarding the extent to which various categories of microorganisms would be regulated, but the agency was constrained by requirements of TSCA and an interagency agreement about how to regulate products of biotechnology. This paper investigates the extent to which the scope of oversight is based on risk. A risk-based rule is defined as one where the reporting requirements are based on potential for exposure or expected adverse effects. The evolution of the rule is described, and risk-based components are discussed. In conclusion, the scope of oversight of microbial releases is determined to be based on risk to the extent that legislation and institutional constraints permit.

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Porges, Amelia. "United States: Foreign Legal Consultant Rules of California, The District of Columbia and New York." International Legal Materials 26, no. 4 (July 1987): 977–97. http://dx.doi.org/10.1017/s002078290002595x.

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On April 2, 1987, California's new rules on licensing of foreign legal consultants came into effect, joining the foreign legal consultant rules in New York, the District of Columbia, Michigan, and Hawaii [Rule 988, Cal. Rules of Court; N.Y. Ct. App. R. for Licensing of Legal Consultants, 22 N.Y.C.R.R. Part 521; Rule 46 (c) (4), D.C. Ct. App.; Rule 5 (E), Mich. Bd. of L. Exam'rs; Rule 14, Sup. Ct. of Hawaii]. The California, New York and District of Columbia rules are reprinted here. In addition, a foreign legal consultants proposal is now under active consideration in Texas.The table following this note summarizes the provisions of the five foreign legal consultant rules with regard to eligibility for admission, the scope of practice permitted the foreign legal consultant, and professional discipline. In the United States, it is unconstitutional for a state to deny admission to the bar by reason of citizenship (In re Griffiths, 413 U.S. 717 (1973). State residency requirements are also unconstitutional as applied to citizens of other states (Supreme Court of New Hampshire v. Piper, 470 U.S. 274 (1985). State bar examination pass rates range from 40% to 99%; a substantial number of foreign lawyers have been admitted to the bar by passing the bar examination. As of June 1, 1987, over 70 foreign legal consultants had been licensed in New York, and none in other jurisdictions (one application was pending).

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VON KRIEGSTEIN, HASKO. "Scales for Scope: A New Solution to the Scope Problem for Pro-Attitude-Based Well-Being." Utilitas 30, no. 4 (May 8, 2018): 417–38. http://dx.doi.org/10.1017/s0953820818000067.

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Theories of well-being that give an important role to satisfied pro-attitudes need to account for the fact that, intuitively, the scope of possible objects of pro-attitudes seems much wider than the scope of things, states or events that affect our well-being. Parfit famously illustrated this with his wish that a stranger may recover from an illness: it seems implausible that the stranger's recovery would constitute a benefit for Parfit. There is no consensus in the literature about how to rule out such well-being-irrelevant pro-attitudes. I argue, first, that there is no distinction in kind between well-being-relevant and irrelevant pro-attitudes. Instead, well-being-irrelevant pro-attitudes are the limiting cases on the scale measuring how much of a difference pro-attitudes make to the subject's well-being. Second, I propose a particular scalar model according to which the well-being-relevance of pro-attitudes is measured either by their hedonic tone, or by the subject's conative commitment.

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Büthe, Tim. "Engineering Uncontestedness? The Origins and Institutional Development of the International Electrotechnical Commission (IEC)." Business and Politics 12, no. 3 (October 2010): 1–62. http://dx.doi.org/10.2202/1469-3569.1338.

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Private regulation often entails competition among multiple rule-makers, but private rules and regulators do not always compete. For substantial parts of the global economy, a single private body (per issue) is recognized as the focal point for global rule-making. The selection of the institutional setting here effectively takes place prior to drawing up the specific rules, with important consequences for the politics of regulating global markets. In this paper, I develop a theoretical explanation for how a private transnational organization may attain such preeminence—how it can become the focal point for rule-making—in its area of expertise. I emphasize the transnational body's capacity to pursue its organizational self-interest, as well as timing and sequence. I then examine empirically a particularly important body of this kind, which today is essentially uncontested as the focal point for private regulation in its area, even though its standards often have substantial distributive implications: the International Electrotechnical Commission (IEC). I analyze the persistence and changes in the IEC's formal rules or procedures and informal norms, as well as the broadening scope of its regulatory authority and membership over more than a century.

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Murphy, Julian R. "Oceans Apart?: The Rule of Lenity in Australia and the United States." British Journal of American Legal Studies 9, no. 2 (August 4, 2020): 233–60. http://dx.doi.org/10.2478/bjals-2020-0011.

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AbstractOccasionally traced back to Byzantine times, the rule that penal statutes are to be interpreted strictly in favor of the subject, also known as the rule of lenity, now finds expression in common law countries across the world. This Article compares the origins and evolution of the rule in Australia and the United States. The comparison is timely because of the current uncertainty in both jurisdictions about the rule's rationale and scope and because of an emerging global trend towards the “constitutionalization” of common law rules of interpretation. In the course of the analysis, various facets of the rule are discussed, including its common law origins; jurisprudential development; purported constitutional foundations; and modifications by state and federal statutes. Tracing the rule's development in each country reveals significant commonalities, but also important differences, in the respective approaches to the interpretation of criminal statutes. Most importantly, despite similarities in the two countries’ constitutional structures, the rule has assumed constitutional significance in the United States but not in Australia. Identification of this marked difference provides an opportunity to reflect on the separation of powers, and the federal structure, of each country.

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Noonan, Kathleen G., Charles F. Sabel, and William H. Simon. "Legal Accountability in the Service‐Based Welfare State: Lessons from Child Welfare Reform." Law & Social Inquiry 34, no. 03 (2009): 523–68. http://dx.doi.org/10.1111/j.1747-4469.2009.01157.x.

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Current trends intensify the longstanding problem of how the rule of law should be institutionalized in the welfare state. Welfare programs are being redesigned to increase their capacities to adapt to rapidly changing conditions and to tailor their responses to diverse clienteles. These developments challenge the understanding of legal accountability developed in the Warren Court era. This article reports on an emerging model of accountable administration that strives to reconcile programmatic flexibility with rule‐of‐law values. The model has been developed in the reform of state child protective services systems, but it has potentially broad application to public law. It also has novel implications for such basic rule‐of‐law issues as the choice between rules and standards, the relation of bureaucratic and judicial control, the proper scope of judicial intervention into dysfunctional public agencies, and the justiciability of “positive” (or social and economic) rights.

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Guo, Zhiyuan. "Exclusion of illegally obtained confessions in China." International Journal of Evidence & Proof 21, no. 1-2 (December 29, 2016): 30–51. http://dx.doi.org/10.1177/1365712716674799.

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The exclusion of illegally obtained evidence has long been the focus of theoretical research and legislative reform in China. After years of efforts, the exclusionary rule has finally found a foothold in Chinese statute. However, after the exclusionary rule has been officially established, the initial fervour for reform has given way to a difficult slog of changing actual practice. This article is based on a comprehensive empirical survey on the implementation of the exclusionary rule conducted by the author as the primary investigator. This article will address three key issues that stood out in the empirical surveys: the definition and scope of illegally obtained confession, proof of illegally obtained confession, and suppression hearing. In addressing each issue, the author will follow the similar structure: first share the empirical findings on the implementation of the exclusionary rule across the country, then examine the contributing factors causing the failure of implementation and identify the existing challenges that China encountered in implementing the new rules, and finally put forward some potential solutions to these problems based on comparative study and China’s special situation.

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Schulte, Felix. "The More, The Better? Assessing the Scope of Regional Autonomy as a Key Condition for Ethnic Conflict Regulation." International Journal on Minority and Group Rights 25, no. 1 (March 28, 2018): 84–111. http://dx.doi.org/10.1163/15718115-02501001.

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Territorial autonomies are increasingly implemented as tools for regulating ethnic conflicts. Since there are successful as well as failed cases, the ongoing debate about a general conflict-solving potential is not a very fruitful one. The article turns towards the analysis of various factors affecting the success of conflict regulating autonomies. It is argued that successful conflict regulation highly depends on the scope of self-rule transferred to a rebelling group. It offers two approaches to measure the scope and success of autonomies and introduces the Autonomy Scope Index (asi). The relevance of the degree of autonomy is tested on the basis of a global data set on all conflict regulating autonomies since 1945 by using Qualitative Comparative Analysis (qca). The study shows that a substantial degree of self-rule is indeed a crucial condition.

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Górecki, Marcin, Agata Suszczyńska, Magdalena Woźnica, Aneta Baj, Michał Wolniak, Michał K. Cyrański, Stanisław Witkowski, and Jadwiga Frelek. "Chromane helicity rule – scope and challenges based on an ECD study of various trolox derivatives." Org. Biomol. Chem. 12, no. 14 (2014): 2235–54. http://dx.doi.org/10.1039/c3ob42376j.

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Van Elsuwege, Peter, and Femke Gremmelprez. "Protecting the Rule of Law in the EU Legal Order: A Constitutional Role for the Court of Justice." European Constitutional Law Review 16, no. 1 (March 2020): 8–32. http://dx.doi.org/10.1017/s1574019620000085.

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The rule of law as one of the core constitutional values of the EU legal order – The rule of law in the case law of the Court of Justice of the European Union – Jurisdiction of the Court on the basis of a combined reading of Articles 2 and 19 TEU – Protecting the rule of law in the Common Foreign and Security Policy – Protecting the rule of law in the member states in order to safeguard the structure and functioning of the EU legal order – Limits to the scope of application of EU law

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Przybojewski, Jacek. "The Constitution – Chosen Premises Justifying the Need to Introduce Amendments." Law and Administration in Post-Soviet Europe 6, no. 1 (December 1, 2019): 30–36. http://dx.doi.org/10.2478/lape-2019-0003.

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Abstract Indication of conditions constituting necessity of modifications within the scope of the Constitution shall be considered while perceiving the leading role of the Constitution in Polish legal order. Constitutional regulations determine standards for the entire legal system of the Republic of Poland. It is also worth a while to consider the need for unambiguous determination of relations of constitutional norms, also with regard to the law of the European Union. Doubts appearing within the scope of systemic rules concern mainly regulations specifying the rule of division and balancing of powers. Actually, they consist in lacks with regard to organization of bodies of each of three powers. Another issue is improvement of solutions determining coexistence of government and local government administration within the broader scope of principles of uniformity of the state and decentralization of public power. The article presents an analysis related to the aforementioned issues.

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Owoade, M. Adekunle. "The Military and the Criminal Law in Nigeria." Journal of African Law 33, no. 2 (1989): 135–48. http://dx.doi.org/10.1017/s0021855300008081.

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Nigeria was under military rule from 1966 to 1979, and from December 1983 to date; it had a short civilian interregnum from 1979 to 1983 during the era of President Shehu Shagari.This rather long period of military administration in Nigeria brought along with it changes in the scope of substantive criminal law as well as procedural changes. This can be partly explained on the ground that the criminal law must react and adjust to societal changes and formulate its own rules to combat them. However, an assessment of the attitude of the military to criminal law might suggest that certain fundamental rules have been sacrificed for despatch.This article is an attempt to highlight the contribution of the military administrations to the development and scope of criminal law in Nigeria. The approach is to examine the various important criminal law enactments of the military era with a view to see their impact, if any, on the hitherto existing rules and system of criminal law.

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Teufel, Adam, and Christopher J. Geissler. "SEC approves new continued listing standards for ETFs." Journal of Investment Compliance 18, no. 3 (September 4, 2017): 21–25. http://dx.doi.org/10.1108/joic-06-2017-0037.

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Purpose To introduce and analyze recent amendments to the rules of three US securities exchanges to add specific continued listing standards applicable to exchange-traded funds (ETFs). Design/methodology/approach Provides an introduction and summary overview of the topic, summarizes the scope of the rule changes, discusses the industry reaction to the proposed rule changes and the regulator’s response, notes the applicability of the rule changes to ETFs relying on their own fund-specific regulatory relief, and identifies compliance dates. Findings Each of three US securities exchanges filed separate proposals to amend their listing standards to add specific continued listing standards for ETFs. Notwithstanding various concerns expressed in comment letters from key industry participants, by March 2017 the Securities and Exchange Commission (SEC) approved all three proposals in substantially the form proposed. Practical implications ETF sponsors should note that significant compliance enhancements may be required to ensure proper and continuous testing of securities in an ETF’s underlying index and/or portfolio in lieu of testing for compliance solely at the time of initial listing or at the time of an investment decision. The rule changes are scheduled to take effect by October 1, 2017. Originality/value Practical analysis from a premier financial services law firm on the issues presented by the ETF rule changes.

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M. dos Santos Jr., Fernando, Keylla U. Bicalho, Ítalo H. Calisto, Gabriel S. Scatena, João B. Fernandes, Quezia B. Cass, and João M. Batista Jr. "Scope of the 2(5H)-furanone helicity rule: a combined ECD, VCD, and DFT investigation." Organic & Biomolecular Chemistry 16, no. 24 (2018): 4509–16. http://dx.doi.org/10.1039/c8ob01085d.

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Jenco, Leigh K. "“Rule by Man” and “Rule by Law” in Early Republican China: Contributions to a Theoretical Debate." Journal of Asian Studies 69, no. 1 (February 2010): 181–203. http://dx.doi.org/10.1017/s0021911809991562.

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“Rule by man” and “rule by law” are frequently invoked categories in Chinese political discourse past and present, but their theoretical scope and possible interpretation remain highly controversial. Seeking to gain analytical traction on these categories, the author revisits an early Republican debate over whether virtuous men or well-designed institutions were more essential to securing political stability and social transformation in the aftermath of China's 1911 Republican Revolution. Focusing on the work of Liang Qichao, Zhang Shizhao, and their interlocutors, the author shows how “man” and “law” not only play roles in legitimizing one or another form of rule, but also help formulate questions about the interaction between individual effort and institutional influence. Viewed from this theoretical rather than historical angle, the debates become important not only for understanding wider issues in early Republican political discourse, but also for critically interrogating their contemporary variants from Chinese—rather than Western liberal-democratic—perspectives.

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Meacham, Christopher J. G. "Understanding Conditionalization." Canadian Journal of Philosophy 45, no. 5-6 (December 2015): 767–97. http://dx.doi.org/10.1080/00455091.2015.1119611.

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At the heart of the Bayesianism is a rule, Conditionalization, which tells us how to update our beliefs. Typical formulations of this rule are underspecified. This paper considers how, exactly, this rule should be formulated. It focuses on three issues: when a subject’s evidence is received, whether the rule prescribes sequential or interval updates, and whether the rule is narrow or wide scope. After examining these issues, it argues that there are two distinct and equally viable versions of Conditionalization to choose from. And which version we choose has interesting ramifications, bearing on issues such as whether Conditionalization can handle continuous evidence, and whether Jeffrey Conditionalization is really a generalization of Conditionalization.

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Richardson, Matthew, Kermit L. Schoenholtz, and Lawrence J. White. "Deregulating Wall Street." Annual Review of Financial Economics 10, no. 1 (November 2018): 199–217. http://dx.doi.org/10.1146/annurev-financial-110217-022513.

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We argue that implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act has contributed significantly to the reduction of systemic risk in the United States. However, Dodd-Frank also introduced burdensome rules that have little to do with systemic risk. This article evaluates the trade-off between capital regulation and regulation of scope in the context of Dodd-Frank, with a particular emphasis on the Volcker Rule. Recent regulatory reforms aimed at rolling back Dodd-Frank are evaluated and discussed.

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Peng, Xiaoqing, Jianxin Wang, Jun Wang, Fang-Xiang Wu, and Yi Pan. "Rechecking the Centrality-Lethality Rule in the Scope of Protein Subcellular Localization Interaction Networks." PLOS ONE 10, no. 6 (June 26, 2015): e0130743. http://dx.doi.org/10.1371/journal.pone.0130743.

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Zhao, De Shen, and Dong Liang Guo. "Numerical Analysis of Mining-Induced Overburden Stress Change Rule." Advanced Materials Research 962-965 (June 2014): 1062–65. http://dx.doi.org/10.4028/www.scientific.net/amr.962-965.1062.

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Based on overburden of S2S9 working face fully-mechanized mining of certain coal mine, this paper uses the finite element ADINA software to analyze the vertical stress and shear stress of overburden under the condition of coal mining, especially the vertical stress decreasing and increasing zones, concentrated stress change and to discuss the distribution scope, peak value and spatial relation with the working face of Tre-suptorping stress. The study on the mine safe and efficient mining of other face has certain significance.

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Portocarrero, Marta. "Arbitration in Administrative Affairs: The Enlargement Scope of Ratione Materiae in Portugal." Central European Public Administration Review 18, no. 1 (April 23, 2020): 203–18. http://dx.doi.org/10.17573/cepar.2020.1.10.

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The purpose of this article is to address the question of arbitrability of administrative conflicts, generally and as characteristic of Portugal. Although the use of arbitration in conflicts where public entities intervene in private relationships is usually allowed, European legislatures commonly consider administrative disputes as a type of controversy excluded from arbitration. It is indeed easy to raise strong arguments against alternative dispute resolution when public administration is implicated. Nevertheless, none of the objections usually raised seems to be unbridgeable. Consequently, the article aims to critically analyse the main arguments against the power of arbitrators to rule on public conflicts. Presently, the Portuguese law allows administrative arbitration in a wide range of areas, from conflicts relating to administrative contracts to conflicts over the legality of administrative authority acts. The assessment of this regime makes it clear that the enlargement of the objective scope of administrative arbitration has to be accompanied by rules, which offer a response to the specific requirements of administrative law and a safeguard of public interest. In this sense, the analysis offers a critical review of the solutions of Portuguese law, which can be also used in comparable legal regimes of other European countries.

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Ibenskas, Raimondas, and Nicole Bolleyer. "Forms of Inter-party Cooperation: Electoral Coalitions and Party Mergers." East European Politics and Societies: and Cultures 32, no. 3 (April 29, 2018): 451–72. http://dx.doi.org/10.1177/0888325418755299.

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This article is part of the special cluster titled Parties and Democratic Linkage in Post-Communist Europe, guest edited by Lori Thorlakson, and will be published in the August 2018 issue of EEPS Various forms of inter-party cooperation have important effects on party system fragmentation and stability in young democracies. However, the conceptualisation and measurement of these forms of inter-party cooperation and the examination of their consequences on party system development remain limited in the literature on parties and party systems. This research addresses this gap in the scholarship in three ways. First, we present the analytical scheme of different types of party cooperation. We argue that the forms of inter-party cooperation vary on two dimensions. The first dimension refers to their structural basis: the stability of the cooperation as captured by whether it is rule-based or, in other words, underpinned by shared rules that are mutually accepted. The second dimension refers to their scope: the number of functional areas of party life subject to cooperation. The two dimensions lead us to four basic forms of inter-party cooperation: (1) non-rule-based, functionally restricted coalitions; (2) rule-based, functionally restricted coalitions; (3) non-rule-based organization-wide mergers; and (4) rule-based organization-wide mergers. Second, we develop theoretical expectations on the frequency of these forms of inter-party cooperation in Central and Eastern Europe. Third, to test these expectations, we present empirical evidence on the number of electoral coalitions and mergers in the first six electoral periods in 10 countries in the region. The results of the analyses support our expectations: non-rule-based organization-wide mergers are rare. The other three forms of party cooperation (non-rule-based coalitions; rule-based coalitions; rule-based mergers) are fairly common in most countries in the region, although less so in the more recent electoral periods.

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Li, Yong, Jian Ping Yin, and En Zhu. "Score-Based Fusion in Multi-Unit Biometric Recognition System." Applied Mechanics and Materials 48-49 (February 2011): 1010–13. http://dx.doi.org/10.4028/www.scientific.net/amm.48-49.1010.

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The performance of biometric systems can be improved by combining multiple units through score level fusion. In this paper, different fusion rules based on match scores are comparatively studied for multi-unit fingerprint recognition. A novel fusion model for multi-unit system is presented first. Based on this model, we analyze the five common score fusion rules: sum, max, min, median and product. Further, we propose a new method: square. Note that the performance of these strategies can complement each other, we introduce the mixed rule: square-sum. We prove that square-sum rule outperforms square and sum rules. The experimental results show good performance of the proposed methods.

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Moździerz, Anna. "Strengthening the post-crisis fiscal rules – the case of Spain, Slovakia and Sweden." Equilibrium 10, no. 2 (June 30, 2015): 31. http://dx.doi.org/10.12775/equil.2015.012.

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The purpose of this article is to identify changes in the development of national fiscal rules in response to the crisis, in terms of the new economic governance in the EU. In-depth analysis was carried out on the example of the three countries that have the highest Fiscal Rule Strength Index, i.e. Spain, Slovakia and Sweden. The conclusions of the study were the basis for the formulation of recommendations for Poland. The research focuses on the new rules as well as the rules modified between 2007 and 2012. The key elements of creating fiscal rules and criteria used for their evaluation were recognized. The research shows that the strength of fiscal rules is determined by their legitimacy, the type of institutions monitoring them, the adjustment mechanism and sanctions, as well as the scope of the public sector, which the rule was imposed on. Short duration of most of the rules limits the ability to evaluate their effectiveness. However, the analysis of changes in the finance sector and local government in terms of new institutional arrangements allowed to conclude that the strong fiscal rules index is not a guarantee of maintaining public finance discipline, and the example of this was the varied fiscal position of the countries surveyed.

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Journal articles on the topic 'The scope of the rule'

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