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Journal articles on the topic 'Act for Implementation of J.Y Interpretation No'

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Published: 24 June 2021
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1

Lyan, Tszitao. "The image of Andrea from the opera “Andrea Chenier” by U. Giordano: the history of vocal interpretations." Problems of Interaction Between Arts, Pedagogy and the Theory and Practice of Education 50, no. 50 (October 3, 2018): 29–42. http://dx.doi.org/10.34064/khnum1-50.03.

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Formulation of the problem. U. Giordano is a bright representative of the late romantic tradition of the Italian opera of the turn of the 19th-20th centuries. Among the brightest stage versions of his most famous opera “Andrea Chenier”, within this study we have selected a number of the key implementations of Andrea Chenier’s part, which show the constant and mobile signs of the interpretation of this famous opera image. The purpose of the study is to identify the features of interpreting the image of Andrea Chenier from the opera of the same name by the performers of various schools in the aspect of the interaction of historical traditions and modern tendencies from viewpoint of comparative interpretation science. Analysis of recent publications on the topic of the article. The Italian opera of the XIX century is the object of many fundamental researches. The monograph of O. Stakhevych [7] demonstrates a multifaceted approach to the problems of becoming and development the bel canto style; in the study by M. Cherkashina [9], the music theatre of Bellini and Donizetti is presented as an independent phenomenon of Italian operatic history in its first period. I. Drach [2] points to debatable and sometimes subjectivity of interpretation of the concept “bel canto”. The evolution of the Italian opera already at the beginning of the XX century is considered in the study of L. Kirillina [3]; reference information about the Italian opera can be found in English-language articles from Grove’s dictionary [17]. An interesting concept is the book of A. Mallach [14] – the author traces the very fast path of the Italian opera from verismo to modernism. As for U. Giordano’s creativity directly, beside the small articles of encyclopaedic character [12; 13], the publication of M. Morini [15] is the most fundamental and complete. It collected not only researches of the composer’s creativity, but also reviews by contemporaries U. Giordano, his correspondence, registers of his performances and music recordings. The study of C. Ruizzo [16] contains arguments about the components of verismo in the work of U. Giordano, in particular, analyzes the finale of the III pictures of the opera “Andre Chenier”. Regarding this opera, we will separate the mini-guide by Burton D. Fisher [11], the articles of I. Sorokina [8], G. Marquezi [5], H. W. Simon [6], C. Duault [10]. The authors discuss not only the dramatic features of this opera masterpiece, the figure of the main character, but also the influences that this opera made, for example, on “Tosca” by J. Puccini. Statement of the main content of the article. The opera “Andrea Chenier” is a sign composition of the verismo era, despite the fact that its main character is the well-known politician, French poet and journalist. After composing (1895) and the premiere (1896, Milan), the opera was staged in Genoa, Mantua, Parma, Turin, New York (1896), Kharkov, Moscow; Budapest, Buenos-Aires, Florence, Naples, Prague, Santiago (1897), Antwerp, Barcelona, Berlin, Cairo, Lisbon, Rio de Janeiro (1898); in 1907, in the production of Covent Garden, E. Caruso played the title role. The composer and librettist brought to the stage as the protagonist of opera bright, courageous and ambitious person, so it is not surprising that both separate arias and the party of Shenier still belong to the repertoire of many prominent tenors of the planet – F. Tamagno, J. Martinelli, E. Caruso, B. Gigly, G. Lauri-Volpi, A. Cortis, F. Corelli, M. Del Monaco, P. Domingo, L. Pavarotti, M. Alvarez. The opera “Andre Chenier” is a model of the golden age of verismo, and it is endowed with all the main features of this direction of Italian art. However, the protagonist, in addition to being a poet, is also a revolutionary, that is, an uneasy person, a hero, and it is the fact that deduces this work for the stylistic limits of verismo by demonstration of a strong, extraordinary character. These features are embodied in the musical characteristics of Chenier. The main thing in interpreting his famous Improvisation “Un di al’azzurro spazio” (the 1 act of the opera) by E. Caruso is the very elaboration, exact construction of the melodic line and the bright climax, that is, combination the features both a lyrical and a dramatic role specializations that E. Caruso was possessed in equal measure. B. Gigli’s singing (which we consider an example of a dramatic embodiment of the image) is characterized by the refinement of the mezzo voce and the richness, when he sings in full voice, therefore his performance of the Improvisation, in general, is more emotional (a high-profile register, a rhythmic emphasizing that gives a distinct organization the image). M. Del Monaco performs the Improvisation not so much playing by the shades of his strong voice as leading the almost continuous melodic line, which gives mostly lyrical colours to the Chenier’s image. The aria “Come un bel di Maggio” from the 4 act performed by F. Corelli is a model of the exalted lyrics, the lyrical culmination of the opera. F. Corelli performs the aria legato that is tellingly to the bel canto tradition, with a full sound, as if the sound hovers and penetrates everywhere through the skilful addition of dramatic notes (the last sounds of the upper tenor range – si, la of the first octave). P. Domingo interprets Andrea’s image as a whole more dramatically, but in a fairly wide range – from the pathetic (Act 1), the sublime, lyrical (recognition in love in the Act 2) to the tragic (monologue “Yes, I was a soldier” of the Act 3) and the dramatic (Act 4). His striking rubato, aimed at acutely emotional expression, is impressive, P. Domingo has literally speaking in the some parts of the recitatives and even the arias, and that, in conjunction with accelerando, fills the musical language by the speech expression. The interpretation by P. Domingo corresponds to Chenier’s status as a revolutionary hero. Conclusions. Composing the opera, U. Giordano counted on the Italian tenor in the main role, according to the traditions of the bel canto era (strong upper notes, wide range, and equal voice sounding in different registers). The tradition of interpreting the image of Chenier, laid by the first performer J. Borgatti, generally is preserved. The analysis of the most famous interpretations of the Chenier’s part (performed by E. Caruso, B. Gigli, M. Del Monaco, F. Corelli, P. Domingo, J. Carreras, and L. Pavarotti) demonstrated the leading role of the Italian bel canto school. This applies to the principle of canto è riflesso, singing without forcing the sound, the role of breathing, which transforms into the singing sound, the predomination of the head register (la voce di testa), and the integrity of the cantilena. For instance, M. Del Monaco and F. Corelli are lyrical tenors; they sing brightly, with a shine light decoration of high notes. In the performance of B. Gigli, there is a constant movement forward; L. Pavarotti, F. Corelli, J. Carreras, being within the limits of the lyric and dramatic role specifications, transmit in music the power of deep feelings. Instead, B. Gigli and, P. Domingo especially demonstrate the power of drama in the role specification of the Italian tenor, thereby enhancing the heroic side of the image of Shenier. The prospect of further study of the topic is associated with the emergence of new interpretations of the image of A. Chenier in the 21st century, which opens up new dimensions of the science about art interpretation.
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2

Gorshkova, Vera E. "Current Trends in the Russian Translation Theory: Towards a New Methodological Standard of Translation / Book Review: Mishkurov, E. N. Hermeneutics of Translation (Towards Theoretical and Methodological Standard of Translation): Monograph. Moscow, Military University Press, 2018, 298 p. (in Russ.)." NSU Vestnik. Series: Linguistics and Intercultural Communication 17, no. 4 (2019): 130–37. http://dx.doi.org/10.25205/1818-7935-2019-17-4-130-137.

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In the second decade of the 21st century Russian translation studies are receiving a fresh impetus. Amid attempts the culture-oriented translatology undertakes to disown principles of the linguistic approach that traces its origin to R. Jakobson’s works, Russian scholars are first and foremost keen on ensuring consistency with methodology of the Soviet and French Canadian school (J.-P. Vinay, J. Darbelnet, G. Mounin, Y. I. Retsker, A. V. Fedorov, E. G. Etkind, etc.) while revisiting existing approaches to translation and recognizing a huge impact the culture has on it. In our opinion, their goal is to develop some universally applicable paradigm, a sort of “framework” theory, that can explain an interaction of all old and new factors in an act of intercultural mediation by means of translation without casting doubt upon translation as such given it has been proving itself as a practice for many centuries. The focus of recent theoretical research is gradually shifted from linguistic reasoning per se towards an in-depth analysis of counterproductive ideas and factors of linguistic and literature studies approaches in the development of the Russian translatology (R. R. Chaykovskiy), discourse aspect of translation within the framework of a communication situation that allows of taking into account all formants of the latter, including the goal and strategy of translation as well as tactics of its implementation (V. V. Sdobnikov), analysis of the transition discourse in a self-organizing translation space forming the translator’s harmonious outlook aimed at harmonizing meanings of interacting languages and cultures (L. V. Kushnina), in-depth analysis of audiovisual translation peculiarities within the process-oriented translation approach that indisputably requires conveying an image-sense of the film dialogue (V. E. Gorshkova), representation of translation as a discourse and communication model facilitating creation of a discourse dossier as a basis for a translation strategy development as exemplified by an institutional discourse (T. A. Volkova), consideration of ways the verbal and cogitative process and translator’s understanding take their course in the mono- and cross-cultural communication (P. P. Dashinimaeva), development of a systemological transdisciplinary model of translation (N. K. Garbovskiy). All these studies implicitly or explicitly touch upon the hermeneutic aspect of translation, a deep philosophical rationale of which has been given in a monograph by E. N. Mishkurov who interprets it as “a hermeneutical turn” and undertakes a critical analysis of fundamental works by F. Schleiermacher, H.-G. Gadamer, W. Benjamin, G. Steiner, P. Ricoeur and other western philosophers as well those by Russian scholars. He postulates that, within a proposed hermeneutic paradigm of translation (HPT), a hermeneutic-translation methodological standard (HTMS) is created as a transdisciplinary interlingual “mental generative” model of translation mediation under the principle of “hermeneutic circle / hermeneutic spiral”. An “algorithm” of the model described as a standard one presupposes that there must be four stages in it: pre-understanding, understanding, interpretation and translator’s decision. The latter is regarded as a stage where phenomenological reduction of interpretation of meanings taking place at the three previous stages is completed. Thus, translations activity is a development and one of the forms of philosophical and hermeneutical treatment of discourse phenomena that considers interpretation as its main tool. E. N. Mishkurov believes that the use of the above mentioned standard allows us to take into account all classic and innovative translation models providing for a “discourse equivalent and pragmatically adequate” version when dealing with different types of texts, their genres, and particularly when translating contexts that cannot be re-expressed by means of regular translation correspondences. The author’s ideas are backed up by examples in Russian, English, French and Arabic.
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3

Kiyashchenko, Larisa Pavlovna. "Mathetiks - a transdisciplinary education paradigm (the case of bioethics)." Filosofiya osvity. Philosophy of Education 22, no. 1 (June 12, 2018): 224–39. http://dx.doi.org/10.31874/2309-1606-2018-22-1-224-239.

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The novelty of the article is related to the use of the resources of the philosophy of transdisciplinarity to justify the relevance and heuristic importance of the concept of "Mathetiks", introduced by the Czech pedagogue-humanist Jan Amos Comenius (Komensky) to refer to practices of self-education. The aim of the article is to use resources of the philosophy of transdisciplinarity to justify the relevance and heuristic importance of the concept of "Mathetiks", introduced by the Czech pedagogue-humanist J. A. Kоmensky three centuries ago to distinguish and establish coordination in the unified educational process of pedagogical practices of teaching and self-learning of students. The modern interpretation of the ideas of mathetiks (on the example of the problems of bioethical education) is carried out with the implementation of the concepts of the philosophy of science Th. Kuhn and R. Merton in the context of post-nonclassical studies. The notion of "paradigmatic syndrome", which arises as a result of philosophical reflection on the peculiarities of the formation of the post-classical matrix of the development of modern scientific knowledge, is introduced. One of its defining factors is the conceptualization and institutionalization of processes to ensure continuity of knowledge (education) and constant innovative changes taking place in society. The most adequate form of philosophical and methodological reflection in this situation, according to the author, is the philosophy of transdisciplinarity as an integrating mechanism not only of the disciplinary knowledge, but also of education and innovation, the necessary components of the social system aimed at self-renewal. The philosophy of transdisciplinarity and the philosophy of education have in many ways similar paradigm structures, oriented target cause of the actor on self – education -mathetiks. The target specifies the reason for the project-based nature of the paradigmatic constructs in education and bioethics. First of all, this is the clarification of the problem field, training and teaching to act in it according to the existing rules and the creative nature of project activities. Orientation to the value priorities of the community expressed both in symbolic generalizations and implicit forms (M. Polanyi) of personal knowledge and practice.
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4

Miles, Joanna. "MIND THE GAP… : CHILD PROTECTION, STATUTORY INTERPRETATION AND THE HUMAN RIGHTS ACT." Cambridge Law Journal 61, no. 3 (December 11, 2002): 499–544. http://dx.doi.org/10.1017/s0008197302351705.

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“The problem is more with what the [Children] Act does not say than with what it does”: Hale L.J., Court of Appeal at para. [50]. Therein lay the problem addressed in Re S (Minors) (Care Order: Implementation of Care Plan) [2002] UKHL 10, [2002] 2 W.L.R. 720; reversing in part [2001] EWCA Civ 757, [2001] 2 F.L.R. 582. This case involves key issues in child protection under the Children Act 1989 and provides further guidance regarding the courts’ interpretation of legislation under the Human Rights Act 1998.
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5

Coleman, M. "The Equal Pay Act 1972: Back to the Future?" Victoria University of Wellington Law Review 27, no. 4 (December 1, 1997): 517. http://dx.doi.org/10.26686/vuwlr.v27i4.6101.

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This article takes a fresh look at the Equal Pay Act 1972. Despite problems with the Court's interpretation of the Act, both during the implementation phase and more latterly in the 1986 Clerical Union decision, the article argues that equal pay for work of equal value cases can be taken under it.
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6

Davidov, Guy. "A Purposive Interpretation of the National Minimum Wage Act." Modern Law Review 72, no. 4 (July 2009): 581–606. http://dx.doi.org/10.1111/j.1468-2230.2009.00758.x.

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7

Maslen, Michal. "Legislative Changes in the Environmental Impact Assessment act in the Slovak Republic." Public Governance, Administration and Finances Law Review 1, no. 2 (December 31, 2016): 47–49. http://dx.doi.org/10.53116/pgaflr.2016.2.6.

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The study is dealing with the implementation of the EIA Directive in the Slovak Republic, primarily focused on the participation of public in environmental proceedings. The case law presented a special approach on this field – partially which – leaded to new ways of interpretation of normative rules.
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8

Landres, Peter, Shannon Meyer, and Sue Matthews. "The Wilderness Act and Fish Stocking: An Overview of Legislation, Judicial Interpretation, and Agency Implementation." Ecosystems 4, no. 4 (July 1, 2001): 287–95. http://dx.doi.org/10.1007/s10021-001-0011-6.

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9

Leland, David E. "Implementation Status of Oregon's Safe Drinking Water Act." Journal - American Water Works Association 85, no. 2 (February 1993): 52–63. http://dx.doi.org/10.1002/j.1551-8833.1993.tb05937.x.

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10

Lum, Janet M. "The federal Employment Equity Act: goals vs. implementation." Canadian Public Administration/Administration publique du Canada 38, no. 1 (March 1995): 45–76. http://dx.doi.org/10.1111/j.1754-7121.1995.tb01129.x.

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11

Halász, Gábor, and Alain Michel. "Key Competences in Europe: interpretation, policy formulation and implementation." European Journal of Education 46, no. 3 (August 12, 2011): 289–306. http://dx.doi.org/10.1111/j.1465-3435.2011.01491.x.

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12

Lindquist, Eric. "Unintended Consequences of Policy Decisions: Whatever Happened with the Intermodal Surface Transportation Efficiency Act Management Systems?" Transportation Research Record: Journal of the Transportation Research Board 1617, no. 1 (January 1998): 112–17. http://dx.doi.org/10.3141/1617-16.

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The concept of “unintended consequences of policy decisions” is introduced as one potential outcome of the implementation of transportation policy. An unintended consequence is one that diverges from an authorized or directed policy action. This concept is illustrated by an assessment of the short-lived transportation management systems mandate in the Intermodal Surface Transportation Efficiency Act of 1991. Policy implementation theory suggests four propositions as an assessment framework: intergovernmental linkages, communication between linkages, organizational capacity of the implementing agency, and interpretation of the policy message. Problems in all four elements contributed to unintended consequences of the management system mandate and its eventual reversal in 1995. Implementing transportation policies and mandates has become increasingly complex; a more informed understanding of the policy-making process, and the conditions under which unintended consequences can occur during the implementation stage, will influence better policy design and implementation efforts.
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13

Gordon, Michael. "The United Kingdom and the Fiscal Compact: Past and Future." European Constitutional Law Review 10, no. 1 (April 15, 2014): 28–53. http://dx.doi.org/10.1017/s1574019614001035.

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United Kingdom perspective on the Fiscal Compact - December 2011 Brussels summit veto - European Union Act 2011 - Legal obstacles to accession to Fiscal Compact - Legal obstacles to incorporation into EU Treaties - Relevance of legal conditions and political motivations - Legal obstacles to implementation of balanced budget rule - Interpretation of Article 3(2) - Parliamentary Sovereignty - Challenges to United Kingdom's political constitution
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14

Desai, Uday. "THE IMPLEMENTATION OF THE SURFACE MINING ACT AND COOPERATIVE FEDERALISM." Review of Policy Research 9, no. 1 (September 1989): 67–68. http://dx.doi.org/10.1111/j.1541-1338.1989.tb01021.x.

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15

Cox, Gloria. "Implementation of the Routine Use Clause of the Privacy Act." Review of Policy Research 10, no. 4 (December 1991): 42–50. http://dx.doi.org/10.1111/j.1541-1338.1991.tb00278.x.

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16

Kumar, Martha Joynt. "Executive Order 13233 Further Implementation of the Presidential Records Act." Presidential Studies Quarterly 32, no. 1 (March 2002): 194–209. http://dx.doi.org/10.1111/j.1741-5705.2002.tb00024.x.

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17

Murrell, Anna, and Leona McCalla. "Assessing Decision-making Capacity: The Interpretation and Implementation of the Mental Capacity Act 2005 Amongst Social Care Professionals." Practice 28, no. 1 (August 24, 2015): 21–36. http://dx.doi.org/10.1080/09503153.2015.1074667.

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18

Dannin, Ellen, and Terry Wagar. "Impasse and Implementation-How to Subvert the National Labor Relations Act." WorkingUSA 4, no. 2 (September 2000): 73–90. http://dx.doi.org/10.1111/j.1743-4580.2000.00073.x.

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19

Sarker, Debnarayan. "THE IMPLEMENTATION OF THE FOREST RIGHTS ACT IN INDIA: CRITICAL ISSUES." Economic Affairs 31, no. 2 (June 2011): 25–29. http://dx.doi.org/10.1111/j.1468-0270.2011.02097.x.

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20

McCance-Katz, Elinore F., Chana A. Rabiner, and Jacquelyn L. A. Rivers. "The affordable care act: Implementation and implications for addiction specialty care." American Journal on Addictions 23, no. 5 (July 25, 2014): 429–30. http://dx.doi.org/10.1111/j.1521-0391.2014.12139.x.

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21

Kelsen, Hans. "On the theory of interpretation." Legal Studies 10, no. 2 (July 1990): 127–35. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00595.x.

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The legal system is not a system of co-ordinate norms, found at one and the same level. Rather, it is a hierarchical structure of superordinate and subordinate legal norms, whose reciprocal relations are illuminated by the structural analysis undertaken by the Pure Theory of Law. The enquiry into the hierarchical structure of the legal system has significant consequences for the problem of interpretation. Interpretation is an intellectual activity accompanying the law-creating process as it moves from a higher level of the hierarchical structure to the lower level governed by this higher level. In the standard case, that of interpreting statutes, the question to be answered is how, in applying the general norm (the statute) to a concrete material fact, one is to arrive at a corresponding individual norm (a judicial decision or an administrative act).
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22

Parker, Gordon, Kay Roy, David B. Menkes, John Snowdon, Philip Boyce, David Grounds, Bernard Hughson, and Catherine Stringer. "How Long does it Take for Antidepressant Therapies to Act?" Australian & New Zealand Journal of Psychiatry 34, no. 1 (February 2000): 65–70. http://dx.doi.org/10.1046/j.1440-1614.2000.00684.x.

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Objective: To review the proposition that antidepressants have a delayed onset of action by employing measurement and analytic strategies that overcome problems confounding interpretation of many efficacy studies. Method: A subset of patients was recruited to the longitudinal component of the Australasian database study, was assessed at baseline, and then completed measures of depression and anxiety when treatment commenced, and every 3 days over the next 4 weeks. The trajectories of defined 4-week outcome responders and non-responders were compared. Results: Both groups showed a similar decrease in depression (and anxiety) over the first 3 days. A clear trend break then occurred, with little further improvement in the non-responders, as against distinct and progressive improvement in the responders. Ongoing early improvement (across days 3–6) was a strong predictor of responder status. Conclusions: The small sample size limits firm interpretation, although distinct interpretive advantages to the study design are evident. Findings are compatible with a number of recent studies arguing against any extensive delayed onset of action for the antidepressant drugs, but argue for caution in interpreting immediate improvement as predicting likely responder status, and more for examining early and sustained improvement as such a marker.
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Singh, Mohinder, and Puneet Gupta. "Implementation of Mahatma Gandhi National Rural Employment Guarantee Act: Challenges and Remedies." Dynamics of Public Administration 30, no. 1 (2013): 31. http://dx.doi.org/10.5958/j.0976-0733.30.1.004.

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24

Prebble, John. "The Interpretation Provisions in the New Zealand Income Tax Act 1994." Victoria University of Wellington Law Review 30, no. 1 (June 1, 1999): 49. http://dx.doi.org/10.26686/vuwlr.v30i1.6014.

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Historically, courts have been unwilling to adopt a purposive approach to the interpretation of tax statutes. This reluctance extends to the application of section 5(j) of the Acts Interpretation Act 1924, which courts say has no general applicability to income tax legislation. In 1996, as part of a process of rewriting the Income Tax Act 1994, Parliament inserted a number of interpretation provisions into the Act. The goal that the drafters had in mind is not entirely clear, but the 1996interpretation provisions appear to be calculated to require the courts to interpret the Act more purposively, meaning, in this context, to interpret the Act more in the light of the overall objective of levying tax. If that was indeed the goal, the 1996 provisions do not achieve it, nor is it possible to determine whether the provisions achieve other worthwhile goals. Indeed, the stipulation in section AA 3(1) that provisions of the Act should be interpreted "in [the] light of the purpose provisions, the core provisions, and the way in which the Act is organised" may in future be turned against the interests of the Crown in order to support otherwise unpersuasive arguments on behalf of taxpayers.
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Dannin, Ellen, and Terry Wagar. "Impasse and Implementation-How to Subvert the National Labor Relations Act." WorkingUSA 4, no. 2 (August 20, 2004): 73–90. http://dx.doi.org/10.1111/j.1743-4580.2000.00019.x-i1.

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26

Reestman, Jan-Herman. "The Fiscal Compact: Europe's Not Always Able to Speak German: On the Dutch Implementing Act and the Hazardous Interpretation of the Implementation Duty in Article 3(2) Fiscal Compact." European Constitutional Law Review 9, no. 3 (November 5, 2013): 480–500. http://dx.doi.org/10.1017/s1574019612001253.

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Fiscal Compact: duty to implement balanced budget rule, automatic correction mechanism and independent budget supervisor in national law – The Netherlands: Act on sustainable government finances – Act does not bind the (budget) legislature – Conformity with the implementation duty in Article 3(2) Fiscal Compact? – The first reading of Article 3(2) – The second reading of Article 3(2) – The genesis of Article 3(2) – Recourse to (Dutch and French) monism?
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27

Hamzani, Achmad Irwan, and Mukhidin Mukhidin. "Perlindungan hukum terhadap harta benda wakaf sebagai aset publik di kecamatan Wiradesa kabupaten Pekalongan." IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan 16, no. 2 (January 24, 2017): 159. http://dx.doi.org/10.18326/ijtihad.v16i2.159-177.

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The treasure of the waqf is a public asset that should be protected by law. Waqf is a legal act that itsimplementation must be in accordance with statutory procedures. Mandatory legal act waqf deed pledgespoured in endowments. But in practice there is still a committed implementation of the waqf notaccording to legal procedures. Implementation of the waqf is not stated in the Deed of Pledge Waqf ashappened in the district Wiradesa Pekalongan thus has no legal force. Departing from this fact researchis needed to describe the implementation of endowments in the District Wiradesa and formulate legalsafeguards against waqf property as a public asset in the District Wiradesa. This research is a fieldresearch. The approach is sociological, thus falling within the scope of empirical legal research. Thecollection of data through observation and interviews. Data were analyzed using the model of induction-interpretation. The results showed that the waqf property in District Wiradesa many do not haveauthentic proof recognized by the law. Necessary legal means to protect the property of the waqf ofpotential irregularities.
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Groble, Patricia, and Jeffrey L. Brudney. "When Good Intentions Go Wrong: Immunity under the Volunteer Protection Act." Nonprofit Policy Forum 6, no. 1 (April 1, 2015): 3–24. http://dx.doi.org/10.1515/npf-2014-0001.

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AbstractThe Volunteer Protection Act (VPA) was enacted in 1997 to encourage volunteerism by protecting individuals from liability for their negligent actions while volunteering. Proponents intended to provide legal safeguards for volunteers, whom they claimed were deterred from volunteering by fears of liability. Little attention has been paid to this legislation since its enactment, however. This article examines the implementation and interpretation of the VPA through the lens of case law to determine whether the act has had its intended effects for volunteers. Our analysis of all court cases in which the VPA has been cited shows that volunteers are at risk for lawsuits over a variety of actions during the course of their volunteer activities. This analysis also demonstrates that although volunteers can avail themselves of the VPA’s protection, their success in invoking this defense is mixed.
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29

Nakitto, Saidat. "South Africa’s Exercise of Universal Jurisdiction." International Human Rights Law Review 3, no. 1 (June 4, 2014): 146–58. http://dx.doi.org/10.1163/22131035-00301005.

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On 27 November 2013 the Supreme Court of Appeal of South Africa affirmed the decision of the High Court that South Africa’s Implementation of the Rome Statute of the International Criminal Court Act 2002 (icc Act) empowered South African officials to initiate investigations into crimes against humanity committed in Zimbabwe in the absence of the perpetrators in South Africa. This decision was in response to the true interpretation of section 4(3)(c) of the icc Act providing for universal jurisdiction. This paper examines the judgment of this Court, arguing that though customary international law is silent on the requirement for presence of the perpetrators for initiation of investigation, the Court should have given proper examination of this section by taking into consideration of the previous presence of some of the perpetrators in South Africa after the alleged crimes were committed.
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Perry, Benjamin I., Nina Champaneri, Frances Griffiths, Moli Paul, Zoebia Islam, Jorun Rugkåsa, Tom Burns, et al. "Exploring professionals' understanding, interpretation and implementation of the ‘appropriate medical treatment test’ in the 2007 amendment of the Mental Health Act 1983." BJPsych Open 3, no. 1 (January 2017): 57–63. http://dx.doi.org/10.1192/bjpo.bp.116.003939.

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BackgroundThe appropriate medical treatment test (ATT), included in the Mental Health Act (MHA) (1983, as amended 2007), aims to ensure that detention only occurs when treatment with the purpose of alleviating a mental disorder is available.AimsAs part of the Assessing the Impact of the Mental Health Act (AMEND) project, this qualitative study aimed to assess professionals' understanding of the ATT, and its impact on clinical practice.MethodForty-one professionals from a variety of mental health subspecialties were interviewed. Interviews were coded related to project aims, and themes were generated in an inductive process.ResultsWe found that clinicians are often wholly relied upon for the ATT. Considered treatment varied depending on the patient's age rather than diagnosis. The ATT has had little impact on clinical practice.ConclusionsOur findings suggest the need to review training and support for professionals involved in MHA assessments, with better-defined roles. This may enable professionals to implement the ATT as its designers intended.
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Nicol, Danny. "The Human Rights Act and the politicians." Legal Studies 24, no. 3 (June 2004): 451–79. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00257.x.

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Academic lawyers have commented extensively on the judicial interpretation of the Human Rights Act 1998, but the reaction of politicians to it has received less attention. This paper examines the trends in parliamentary attitudes to human rights by analysing Commons and Lords debates on the Human Rights Bill itself, the Terrorism Bill 1999–2000, the Anti-Terrorism, Crime and Security Bill 2001 and the Nationality, Immigration and Asylum Bill 2002. It also considers MPs' response to the Thompson and Venables and Anderson judgments, as well as Conservative attempts to amend the Human Rights Act. Against this background, it argues that the British polity can be characterised as a ‘contestatory democracy’, in which the system of fundamental rights protection is incomplete since it neglects Parliament's vital role in defining the Convention rights.
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Davis, Charles E., Sandra K. Davis, and Denise Peacock. "STATE IMPLEMENTATION OF THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977." Review of Policy Research 9, no. 1 (September 1989): 109–19. http://dx.doi.org/10.1111/j.1541-1338.1989.tb01026.x.

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Lewandowski, Sławomir. "O wymogu niefragmentarycznej interpretacji tekstu prawnego. Perspektywa prawodawcy." Studia Iuridica, no. 83 (February 19, 2021): 102–13. http://dx.doi.org/10.31338/2544-3135.si.2020-83.6.

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The legislative standard is the coding of legal norms in legal regulations, because the lawmaker has no need, or even the possibility, to directly present the fully developed legal norms. This coding process enforces the fragmentation of a legal norm, which in turn results in the fact that the interpretation of a legal text, as a process opposite to the activities of the lawmaker, must be non-fragmentary. The lawmaker can and should provide the interpreter with guidelines on how to carry out this non-fragmentary interpretation, and especially indicate which fragments of the legal text are to be related to each other in this interpretation and how to bind them together. The lawmaker may find it extremely helpful in the implementation of this task to make appropriate use of the means of legislative technique, in particular the systematics of a normative act and the references contained in these acts.
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Kuehn, Sarah, and Raymond R. Corrado. "Youth probation officers' interpretation and implementation of the Youth Criminal Justice Act: A case study of youth justice in Canada." International Journal of Comparative and Applied Criminal Justice 35, no. 3 (August 2011): 221–41. http://dx.doi.org/10.1080/01924036.2011.591905.

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Edwards, Leonard P. "Improving Implementation of the Federal Adoption Assistance and Child Welfare Act of 1980." Juvenile and Family Court Journal 45, no. 3 (August 1994): 3–28. http://dx.doi.org/10.1111/j.1755-6988.1994.tb01469.x.

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Taguiam-Hites, Stella G. "The Americans with Disabilities Act of 1990: Implementation and Education in Rehabilitation Nursing." Rehabilitation Nursing 20, no. 1 (January 2, 1995): 43–44. http://dx.doi.org/10.1002/j.2048-7940.1995.tb01592.x.

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Switzer, Jacqueline Vaughn. "Local Government Implementation of the Americans With Disabilities Act: Factors Affecting Statutory Compliance." Policy Studies Journal 29, no. 4 (November 2001): 654–62. http://dx.doi.org/10.1111/j.1541-0072.2001.tb02118.x.

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Porter, John. "The Public Dance Halls Act, 1935: a re-examination." Irish Historical Studies 42, no. 162 (November 2018): 317–35. http://dx.doi.org/10.1017/ihs.2018.35.

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AbstractHistorical scholarship has interpreted the Public Dance Halls Act, 1935 in a relatively uniform manner. Most works on the subject have emphasised the expanding influence of Catholic church authorities over dancing following the enactment of the legislation, as well as the increasing restrictions placed on the freedom of dancers. The act has been viewed as one element in a sequence of pieces of legislation passed by successive Free State governments that aimed to limit and control citizens, including the Censorship of Films Act, 1923, and the Censorship of Publications Act, 1929. Using previously unexamined Department of Justice records, this article questions the dominant interpretation of the Public Dance Halls Act. It analyses whether dances moved predominantly into parochial halls, as has been the common understanding, and also considers whether the supposedly harsh restrictions imposed on dancers were actually enforced or observed. The article also proposes that two largely unexamined facets of the legislation and its subsequent implementation be given more consideration. Safety concerns played a sizeable part in shaping dancing regulations, as did the interests and worries of local communities. The article concludes by suggesting that lacunae in the historiography of dance halls in the 1930s are emblematic of wider gaps in Irish social and cultural history and recommends avenues for future research.
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LeRoux, Kelly. "Examining Implementation of the National Voter Registration Act by Nonprofit Organizations: An Institutional Explanation." Policy Studies Journal 39, no. 4 (November 2011): 565–89. http://dx.doi.org/10.1111/j.1541-0072.2011.00422.x.

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Siburian, Bernhardt. "Analisis Faktor-Faktor Penyebab Perceraian Berdasarkan Keputusan Pengadilan Negeri Balige Tahun 2017." Jurnal Ilmiah Religiosity Entity Humanity (JIREH) 1, no. 1 (June 18, 2019): 31–39. http://dx.doi.org/10.37364/jireh.v1i1.5.

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The objective of this research is to know dominant factors which evoke Christian married couple divorce based on finding of Balige State Court in 2107 in efforts prevention by church for the people of Toba Samosir. This research use descriptive qualitative approach with documents analysis method. Data analysis carried out by doing interpretation the result of qualitative data analysis, after act of ranking grades and percentage be done. The act of data analysis is done since team of researcher start doing data classification (coding) within effective reading. Data interpretation is done by two stages, first interpretation of each data item and second, interpretation of all data. The result of data interpretation indicate insufficient family financial factor occupy in the highest sequence, which causing constantly dispute and no hope for living in harmonious anymore. The result of this research, then, posses coherence with Chapter 19 Government Regulation No. 9/1975 regarding Law Implementation No. 1/1974 and base theories of married couple experts. Penelitian ini bertujuan untuk mengetahui faktor-faktor dominan yang menyebabkan perceraian berdasarkan Keputusan Pengadilan Negeri Balige tahun 2017 dalam upaya penanggulangan yang dilakukan oleh gereja bagi masyarakat Toba Samosir. Penelitian ini menggunakan pendekatan deskriptif kualitatif dengan metode analisis dokumen. Analisis data dilakukan dengan menginterpretasikan hasil analisis data kualitatif, setelah penyusunan persentase dan ranking dilakukan. Tindakan analisis data dilakukan sejak para peneliti mulai melakukan klasifikasi (pengkodean) melalui pembacaan efektif dokumen. Kemudian peneliti akan melakukan interpretasi data dengan dua tahap, yaitu interpretasi data setiap item dan interpretasi keseluruhan data. Hasil interpretasi analisis data menunjukkan bahwa faktor keuangan yang tidak mencukupi menempati urutan tertinggi, yang menyebabkan pertengkaran yang terus-menerus dan tidak ada harapan hidup rukun lagi. Dengan demikian hasil penelitian ini memiliki koherensi dengan Pasal 19 Peraturan Pemerintah Nomor 9 tahun 1975 tentang Pelaksanaan Undang-undang Nomor 1 Tahun 1974 dan juga landasan teori-teori para ahli.
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Rosenberg, Ettie. "Interpretation of California's Marijuana Regulations after Proposition 64 and Pharmacy Practice Roles in Medical Marijuana Dispensing against Federal Enforcement Risks." Journal of Contemporary Pharmacy Practice 65, no. 1 (March 1, 2018): 14–21. http://dx.doi.org/10.37901/jcphp17-00015.

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California was the first state in the union to pass medical marijuana legislation with Proposition 215, the voter enacted California Compassionate Use Act (CCUA, 1996), though regulatory oversight for the medical marijuana industry was negligible over the next 20 years. In 2015, California legislators passed the Medical Marijuana Regulation and Safety Act (MMRSA), providing a new and comprehensive regulatory framework for medical marijuana, subsequently renaming it the Medical Cannabis Regulation and Safety Act (MCRSA), with a planned implementation of January 1, 2018. In 2016, California's marijuana landscape dramatically changed with the Adult Use of Marijuana Act (AUMA), also known as Proposition 64 (“Prop 64”), a voter initiative successful in legalizing recreational marijuana, where many prior similar initiatives had failed. In 2017, California lawmakers merged the two Acts (MCRSA and AUMA) into the Medical and Adult Use of Cannabis Regulation and Safety Act, (MAUCRSA), known as Senate Bill 94 (SB 94), which passed overwhelmingly and created a single comprehensive marijuana regulatory scheme for California by integrating the 2015 recreational marijuana law with the state's longstanding medical marijuana program, also effective in January 2018. Given the current national marijuana landscape and political climate, California's novel unified model for regulating and taxing marijuana will likely influence how other states proceed to regulate and tax the emerging legal marijuana industry, which has an estimated value of $7 billion. Part One of this article provides an overview of the soon to be effective “harmonized” regulatory scheme for California's medicinal and recreational marijuana industries, touching on its potential to influence other states. Part Two surveys the changed national marijuana landscape within which three states have already implemented a role for pharmacists in medical marijuana dispensing, despite that under the federal Controlled Substances Act, as a Schedule I substance, marijuana remains illegal for any purpose. The recent developments have not surprisingly triggered questions about a pharmacist's liability vis a vis marijuana dispensing and federal enforcement risks. Part Two also attempts to answer those questions through an informative discussion of the national marijuana landscape, the current political climate, and their respective influences on federal marijuana policy and enforcement.
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Potter, CR, and VB Unnithan. "Interpretation and implementation of oxygen uptake kinetics studies in children with spastic cerebral palsy." Developmental Medicine & Child Neurology 47, no. 5 (February 13, 2007): 353–57. http://dx.doi.org/10.1111/j.1469-8749.2005.tb01148.x.

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43

Yao, Dennis A., and Christa Van Anh Vecchi. "Information and Decisionmaking at the Federal Trade Commission." Journal of Public Policy & Marketing 11, no. 2 (September 1992): 1–11. http://dx.doi.org/10.1177/074391569201100201.

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Ad interpretation is a central issue in nearly every false advertising case before both the Federal Trade Commission and the federal courts (under the Lanham Trade-Mark Act). Part of ad interpretation is the ancillary issue of whether to require extrinsic evidence supporting a disputed interpretation, particularly where the false claim alleged to be made is implicitly rather than explicitly stated. The authors first discuss the legal standard concerning when extrinsic evidence is required. Though the FTC and most federal courts apply different standards in requiring extrinsic proof of an ad's meaning, some federal courts appear to be moving toward the FTC's standard—namely, that extrinsic proof is required only for those implied claims that the decision maker cannot himself interpret with confidence from the face of the ad itself. The authors then use a Bayesian decisionmaking perspective to examine the implementation of the FTC's legal standard. This perspective leads to the conclusion that measures of variability will often be as important to decisionmaking as the mean estimate provided in statistical evidence.
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VanderZwaag, David L., Jeffrey A. Hutchings, S. Jennings, and Randall M. Peterman. "Canada’s international and national commitments to sustain marine biodiversity 1This manuscript is a companion paper to Hutchings et al. (doi:10.1139/a2012-011) and Hutchings et al. (doi:10.1139/er-2012-0049) also appearing in this issue. These three papers comprise an edited version of a February 2012 Royal Society of Canada Expert Panel Report." Environmental Reviews 20, no. 4 (December 2012): 312–52. http://dx.doi.org/10.1139/a2012-013.

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Canada has made numerous international and national commitments to sustain marine biodiversity. International commitments include the implementation of ecosystem-based management, the establishment a network of marine protected areas, and the restoration of commercially exploited fish stocks. However, the international commitments tend to be quite general in nature with the precise governance implications of key principles, such as precaution and the ecosystem approach, being open to interpretation, thus leaving considerable room for discretion in implementation. Consequently, a plethora of soft law documents has emerged to provide more specific guidance to decision-makers and progressively develop international law and policy. Nationally, Canada has embraced a long list of commitments that are supportive of sustaining marine biodiversity through legislation and numerous policy-related documents. Nonetheless, Canada has left many of these commitments unfulfilled or inadequately fulfilled, such as (i) the development of integrated management plans for coastal and marine waters, (ii) the implementation of the precautionary approach for Canada’s fisheries, and (iii) the establishment of recovery strategies and identification of critical habitat for species at risk. Although the goal of effective protection of marine biodiversity in Canada appears to be guided by international and national commitments, there remains a clear need to fully implement, operationalize, and strengthen these commitments as articulated in the Oceans Act, fisheries management-related policies, the Species at Risk Act, and others.
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Dewi, Kartika Rahmasari, Hartiwiningsih Hartiwiningsih, and Widodo Tresno Novianto. "Follow the Money as an Attempt of State Financial Loss Restoration in Criminal Action of Money Laundering with Corruption as Predicate Crime." International Journal of Multicultural and Multireligious Understanding 5, no. 3 (July 26, 2018): 323. http://dx.doi.org/10.18415/ijmmu.v5i3.403.

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Money laundering is an attempt to conceal or disguise the origins of assets acquired from a crime. Money laundering is a follow-up crime because it is followed by a criminal act, one of which is a systematic and organized criminal act of corruption, law enforcement process is not easy. One effective way of preventing and combating money laundering and corruption can be done by follow the money approach. Follow the money approach can reveal who the perpetrator, the type of crime, place and amount of hidden. Then in addition to perpetrators remain criminally charged, state financial loss recovery efforts can also be achieved. The result of t research shows the obstacles implementation of follow the money is derived from the substance element that is conflicting interpretation of Article 77 and Article 69 of Law on TPPU, the element of legal structure namely the lack of good cooperation among law enforcers, as well as the legal culture element, is the low participation of the society against the legal compliance of the criminal act of washing money especially the approach of follow the money.
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Morgan, Jonathan. "Questioning the ‘true effect’ of the Human Rights Act." Legal Studies 22, no. 2 (June 2002): 259–75. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00192.x.

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One of the most important issues arising from the Human Rights Act 1998 is the degree of its applicability, if any, to relations between private individuals. While the wording of the Act itself provides no clear guidance on the matter, and a wide-ranging spectrum of potential outcomes has been identified, there is an emerging academic consensus that the Act will have some horizontal effect – but limited to enabling development of the existing common law, and not extending to provision of new actions and remedies. This paper seeks to challenge that consensus. Fidelity to the jurisprudence of the European Court of Human Rights requires that the effect of the Act go beyond mere incremental development. There is clear authority that the legal systems of signatory states must provide remedies for infringement of individual rights by other individuals. Nothing in the Human Rights Act 1998 obstructs this interpretation. Further, the paper seeks to identify certain fatal errors in the arguments of the ‘developmental consensus’ .
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Antoshkina, V. K. "Signs and features of law which cause the necessity of interpretation." Law and Safety 74, no. 3 (September 20, 2019): 64–71. http://dx.doi.org/10.32631/pb.2019.3.09.

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In general theory of law basic approaches to interpreting norms have been developed, but they require more attention to be paid and their improvement, especially at the current stage of development of our society in the conditions of constant updating of normative material. That is why the reasons for interpretation, including the specificities of the various spheres of law and legislation, have become the object of research in this paper. The author mentions the opinions of legal scholars outlined for the reasons that necessitate the interpretation of legal requirements. While agreeing with the statements and conclusions given, it is advisable to analyze these reasons in more detail and to supplement them. The paper concludes that the reasons for the need for interpretation can be divided into two groups: - objective – can not be resolved and can not be interpreted as the fault of the legislator (clarification of the will of the legislator, which can be changed over time, clarification of any form of language that has some autonomy from thought, abstract nature of the norms of law, clarification special terms, etc.); - subjective – the result of faults by legislators, which, in due regard, could have been eliminated while the creation of a legal act (poor edition of the text of the normative act, lack of special knowledge of the author of the normative act, the presence of conflicts between normative acts which are regulating the same issue, inappropriate usage of the rules of law-making technique, etc.). Attention is also paid to the fact that the subject of interpretation of law while doing it must take into account the peculiarities of the regime of legal regulation, the main grounds, principles and approaches to the statement of the rules of one or another field of law, etc. These problems are being solved with the help of different types of interpretation of legal norms. According to the conducted research, the reasons for the need to interpret legal norms are connected not only with miscalculations made by the legislator in the formulations of the texts of laws, their failure, inaccuracy, discrepancy, etc. Therefore, improving the legislation, eliminating law-making errors does not cause the loss of the role of law interpretation in the process of its implementation. Moreover, the better the current legislation is, the more thoughtful the interpretation of its requirements should be. After all, perfect law always has a very high degree of abstractness of the rules of conduct enshrined in it, which makes relevant further scientific research in this field.
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Gikonyo, Constance. "Criminal Forfeiture under Kenya's Proceeds of Crime and Anti-Money Laundering Act: Nature and Challenges." African Journal of International and Comparative Law 28, no. 4 (November 2020): 657–76. http://dx.doi.org/10.3366/ajicl.2020.0344.

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Criminal forfeiture is an asset confiscation mechanism used to seize benefits gained from an offence that one is convicted of. In Kenya, the Proceeds of Crime and Anti-Money Laundering Act provides the facilitating legislation. The present state of the regime's underutilisation prompts an examination of the substantive law and procedure provided in this statute. The analysis indicates that the provisions are technical in nature and the process is systematic. This ensures that a procedurally and substantively fair process is undertaken, in keeping with constitutional provisions. Nonetheless, identified challenges, including the complex nature of the provisions, translate to unclear interpretation and consequently ineffective implementation. This state of affairs is reversible through increased understanding of the criminal forfeiture provisions and their operation. This can potentially lead to an upsurge in its use and facilitate depriving offenders of criminal gains, removing the incentive for crime and reducing proceeds available to fund criminal activities.
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Ravid, Renée. "Disclosure of Mental Illness to Employers: Legal Recourses and Ramifications." Journal of Psychiatry & Law 20, no. 1 (March 1992): 85–102. http://dx.doi.org/10.1177/009318539202000106.

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Court rulings on discriminatory employment procedures have varied in their interpretation of the law. The landmark Americans with Disabilities Act of 1990 promises to eliminate discrimination against the increasing number of physically and mentally disabled. This article examines past legislation, case law, and changes under the ADA that have affected or will affect the mentally ill in the employment setting. The ADA addresses the issue of confidentiality, distinguishing drug testing from medical examination restrictions. Controversy regarding its implementation is discussed, emphasizing the legal ramifications for psychiatrists who may be asked to assess the fitness of applicants and employees and to make recommendations regarding their “reasonable accommodation.”
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Darling, Helen, Anthony I. Reeder, and Andrew Waa. "Implementation of the Smoke-free Environments Act (2003 amendments) in New Zealand primary schools." Australian and New Zealand Journal of Public Health 30, no. 1 (February 2006): 87. http://dx.doi.org/10.1111/j.1467-842x.2006.tb00096.x.

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