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1
Halmosné Siket, Zsuzsanna. "Az igazságügyi szakértői tevékenység az állami szerepvállalás tükrében." Debreceni Jogi Műhely 13, no. 1-2 (July 31, 2016): 27–41. http://dx.doi.org/10.24169/djm/2016/1-2/3.
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This is an essay about the connection between the judicial experts and the public sector. The expert opinion has a special role in the system of the envindeces in the criminal procedure. The expert opinion as a kind of evidence has a short history in the criminal procedure, because this evidence is the product of the new age. The second difference from the other evidences that the judicial expert needs a special quality, and because of this cause the law rules controls who has premitted to become expert and make expert opinion. The Criminal Procedure Act controls when should and when must delegate a judicial expert the criminal procedure. Consequently the state has a main role in connection with the activity of the experts by the law rules.
In the first part I show the short history of the appearance of the expert opinion in the criminal procedure.
In the second part I show the main law rules in connection with the judicial experts, and I write about the expert chambers, the list of experts, and the professional institutes and corporations.
The third part is about the fees and taxes in connection with the judicial experts. In this part I show the problems about who have to pay the fees in the end of the criminal procedure. The acitvity of the judicial expert is always expensive, so the expeneses can grow quickly. If the accused is acquited the expense will stay in encumbrance of the state, and if the accused is convicted, the accused will have to pay the expenses. So this expenses are enourmous encumbrances for everyone. This problem has waited solution yet. Reduction of costs or hunting out justice ? Sometimes very hard to decide, which one is the better. The judicial experts also work in the private sector. The competition of the judicial experts is big in the private sector, and this phenomenon is influences the private prices.
The end of the essay is a summary which contains my main conclusions.
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Cherkasova, Oksana V. "The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects." Arbitrazh-civil procedure 2 (February 11, 2021): 3–7. http://dx.doi.org/10.18572/1812-383x-2021-2-3-7.
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The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.
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Boucher, Julien, Clotilde Jenny, Zara Plummer, and Gerhard Schneider. "How to Avoid Pigeonholing the Environmental Manager?" Sustainability 10, no. 7 (July 19, 2018): 2538. http://dx.doi.org/10.3390/su10072538.
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The research investigates the role the environmental manager plays to ensure a successful (or not) implementation of environmental performance within an organization. It is based on interviews of 5–7 actors per company within a sample of 7 companies (42 interviews). We build upon bias of perception of the various actors interviewed within each company to define 4 paradoxes related to the roles and mission of the environmental manager that hinder proper efficiency of environmental management at company level. Paradox 1 is that no one takes ownership of environmental performance within the organization. Paradox 2 is that the environmental manager is in an awkward situation vis-à-vis his boss. Paradox 3 is that the role of the environmental manager in relation to employees is ambiguous. Paradox 4 is that corporate and product approaches are decoupled. We suggest that these paradoxes interact and form a vicious cycle that may, in part, be responsible for the environmental decoupling phenomenon—companies often adopt a sustainability policy symbolically without implementing it substantively. Our research suggests that, by leveraging the leadership of the environmental manager through organizational and motivational measures, the vicious cycle can be transformed into a virtuous cycle and the human motivation can become a driver for green change within corporations. We proposed the SEA (Shaping Environmental Action) model based of 4 pillars: information, motivation, organization, and strategy.
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Kobylynska, Т. V., and N. Yu Huseva. "A Statistical Study of the Forestry in Ukraine." Statistics of Ukraine 89, no. 2-3 (November 24, 2020): 12–21. http://dx.doi.org/10.31767/su.2-3(89-90)2020.02-03.02.
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The article is devoted to the analysis of the forestry in Ukraine as the reference point for further development of the framework for constructing the national forest account allowing for a description of interactions between economic activities and forests as a nature environment, and for consistent and comprehensive integration of environmental and economic problems in this field. The study covers the existing statistical definitions, classifications and the available statistical information about the forest, selected forestry indicators for Ukraine, the existing sources of data for the analysis of forestry, with proposing the necessary steps for further applications of forest accounting tools, in order to construct the forest account.
It is pointed out that the forestry is represented by two large groups of institutional units: physical persons or groups of physical persons in form of households; legal entities, established and operated in keeping with the law, irrespective of what persons or entities may be their owners or managers. The main categories of legal entities are corporations, non-commercial organizations, and public administration bodies.
It is determined that the main sources of data about the forest fund and forest resources of Ukraine are as follows: (i) statistical information based on the data from enterprises, obtained from official statistical observations of the State Statistics Service of Ukraine; (ii) administrative data based on the data from enterprises, obtained by public administration bodies (The State Service of Ukraine on Geodesy, Cartography and Cadastre, the State Agency of Forest Resources of Ukraine, the State Custom Service, the State Taxation Service) as part of functional responsibilities; (iii) the data of the national inventory of forests, obtained by the authorized bodies. The latest official data of the national forest inventory for Ukraine are available as of January 01, 2011, but these data have not been published yet in a proper manner.
It is demonstrated that the official statistics cover a limited set of statistical data about the forestry due to the institutional constraints. A dynamic and structural analysis of the forest lands is explored, with outlining the main problems related with improving methodological approaches to the formation of the forestry statistics. The analysis allowed for determining the main areas of improvements in the forestry accounting and coming up with propositions of necessary steps to solve the problems of statistical studies of this industry.
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Kobylynska, Т. V., and N. Yu Huseva. "A Statistical Study of the Forestry in Ukraine." Statistics of Ukraine 89, no. 2-3 (November 24, 2020): 12–21. http://dx.doi.org/10.31767/su.2-3(89-90)2020.02-03.02.
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The article is devoted to the analysis of the forestry in Ukraine as the reference point for further development of the framework for constructing the national forest account allowing for a description of interactions between economic activities and forests as a nature environment, and for consistent and comprehensive integration of environmental and economic problems in this field. The study covers the existing statistical definitions, classifications and the available statistical information about the forest, selected forestry indicators for Ukraine, the existing sources of data for the analysis of forestry, with proposing the necessary steps for further applications of forest accounting tools, in order to construct the forest account.
It is pointed out that the forestry is represented by two large groups of institutional units: physical persons or groups of physical persons in form of households; legal entities, established and operated in keeping with the law, irrespective of what persons or entities may be their owners or managers. The main categories of legal entities are corporations, non-commercial organizations, and public administration bodies.
It is determined that the main sources of data about the forest fund and forest resources of Ukraine are as follows: (i) statistical information based on the data from enterprises, obtained from official statistical observations of the State Statistics Service of Ukraine; (ii) administrative data based on the data from enterprises, obtained by public administration bodies (The State Service of Ukraine on Geodesy, Cartography and Cadastre, the State Agency of Forest Resources of Ukraine, the State Custom Service, the State Taxation Service) as part of functional responsibilities; (iii) the data of the national inventory of forests, obtained by the authorized bodies. The latest official data of the national forest inventory for Ukraine are available as of January 01, 2011, but these data have not been published yet in a proper manner.
It is demonstrated that the official statistics cover a limited set of statistical data about the forestry due to the institutional constraints. A dynamic and structural analysis of the forest lands is explored, with outlining the main problems related with improving methodological approaches to the formation of the forestry statistics. The analysis allowed for determining the main areas of improvements in the forestry accounting and coming up with propositions of necessary steps to solve the problems of statistical studies of this industry.
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Cameron*, Jamie. "Compelling Freedom on Campus: A Free Speech Paradox." Constitutional Forum / Forum constitutionnel 29, no. 2 (April 3, 2020): 5–18. http://dx.doi.org/10.21991/cf29395.
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In 1985, it was largely unknown how the Supreme Court of Canada would respond to the Charter.1 At first glance, a drugstore’s right to be open for business on Sunday, selling groceries, plastic cups, and a bicycle lock, seemed an unlikely source of inspiration for the Court’s first pronouncement on the essence of freedom. Perhaps unexpectedly, the justices enforced the entitlement, finding that a Sunday closing law compelling a corporation to comply with the Christian Sabbath infringed section 2(a)’s guarantee of religious freedom.2 In doing so, R v Big M Drug Mart defined freedom as “the absence of coercion or constraint,” stating without equivocation that no one who is compelled “to a course of action or inaction” is “truly free”.3 In Justice Dickson’s considered view, coercion includes “blatant forms of compulsion”, such as “direct commands to act or refrain from acting on pain of sanctions”, as well as forms of indirect control.4 In plain and unmistakeable terms, Big M promised that, under the Charter, “no one is to be forced to act in a way contrary to his beliefs or conscience”.5
* Professor Emeritus, Osgoode Hall Law School. I thank Kate Bezanson and Alison Braley-Rattai for includingme in this special issue of Constitutional Forum, and am grateful to Kate Bezanson for her comments onan earlier draft. I also thank Ryan Ng (JD 2021) for his valuable research assistance in the preparation ofthis paper. Finally, I note that I was a member of York University’s Free Speech Working Group in fall 2018.This paper does not in any way express the views of York University or the Working Group, which has longsince disbanded.
1Canadian Charter of Rights and Freedoms, s 2(a), Part I of the Constitution Act, 1982, being Schedule B of the Canada Act 1982 (UK), 1982, c 11 [Charter].2R v Big M Drug Mart, [1985] 1 SCR 295, 18 DLR (4th) 321 [Big M].3Ibid at 336.4Ibid.5 Ibid at 337.
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Heffron, Raphael J. "ENERGY LAW FROM 2020 TO 2030 (PART 2)." Energy law forum 3 (October 8, 2020): 16–21. http://dx.doi.org/10.18572/2312-4350-2020-3-16-21.
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Law will play a significant role in the future, in particular, for development of 2030, 2040, and 2050 energy, environment, and climate plans. For example, in order to achieve 2030 climate and energy targets, a corresponding law has to be formulated, passed, and implemented. This is because a functioning energy infrastructure takes not only time to plan, raise funds for, and build, but there are also complicated planning and environmental protection challenges that have to be met. All these lead to another important point: it is the national laws that can stimulate the energy sector development. A national government can set a policy agenda and make sure the law provides the relevant structures, incentives, and pathways for energy sector development. The purpose of this article is to provide a brief, up-to-date view of what energy law science and education should focus on as we move from 2020 to 2030. This article serves to provide a global perspective. Energy law should have similar provisions in all countries as it is based on the same technologies used across the world. What is different is the energy resources countries have at their disposal and the energy sector structures they are trying to create. At the same time, laws on the extraction of energy resources will be the same, including the system of incentives and taxation for the energy resources. Energy law science has already risen to the fore and is now supported by universities. Part 1 of the article is dedicated to energy law as a science and was published in 2020 in the Energy Law Forum journal, issue No. 2. This part focuses on development trends of energy law education and the key energy law development targets for the period from 2020 to 2030.
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Heffron, Raphael J. "Energy Law from 2020 to 2030 (Part 2)." Energy law forum 3 (October 8, 2020): 73–77. http://dx.doi.org/10.18572/2410-4396-2020-3-73-77.
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Law will play a significant role in the future, in particular, for development of 2030, 2040, and 2050 energy, environment, and climate plans. For example, in order to achieve 2030 climate and energy targets, a corresponding law has to be formulated, passed, and implemented. This is because a functioning energy infrastructure takes not only time to plan, raise funds for, and build, but there are also complicated planning and environmental protection challenges that have to be met. All these lead to another important point: it is the national laws that can stimulate the energy sector development. A national government can set a policy agenda and make sure the law provides the relevant structures, incentives, and pathways for energy sector development. The purpose of this article is to provide a brief, up-to-date view of what energy law science and education should focus on as we move from 2020 to 2030. This article serves to provide a global perspective. Energy law should have similar provisions in all countries as it is based on the same technologies used across the world. What is different is the energy resources countries have at their disposal and the energy sector structures they are trying to create. At the same time, laws on the extraction of energy resources will be the same, including the system of incentives and taxation for the energy resources. Energy law science has already risen to the fore and is now supported by universities. Part 1 of the article is dedicated to energy law as a science and was published in 2020 in the Energy Law Forum journal, issue No. 2. This part focuses on development trends of energy law education and the key energy law development targets for the period from 2020 to 2030.
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Završnik, Aleš, and Pia Levičnik. "The Public Perception of Cyber-surveillance Before and After Edward Snowden’s Surveillance Revelations." Masaryk University Journal of Law and Technology 9, no. 2 (September 30, 2015): 33–58. http://dx.doi.org/10.5817/mujlt2015-2-3.
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The article contextualizes contemporary cyber-surveillance practices in the light of Edward Snowden’s revelations of massive espionage by intelligences services and shows the results of an online survey on the public perceptions of privacy in public telecommunication networks in Slovenia. The results relate to types and frequency of victimization; self-reported study on violating of the privacy of others; concern for the protection of one’s own privacy; perception of those carrying out surveillance; the value of privacy; views on abrogated data retention regulation; and awarness of personal data protection remedies.Despite growing distrust of large internet corporations and – after Edward Snowden’s revelations – Intelligence agencies, the findings indicate a low degree of awareness and care for the protection of personal data. In regard to the perception of primary subjects of surveillance, 56 percent of respondents chose internet corporations as the greatest threat to their privacy, followed by telecommunications companies (25 percent), and shops with loyalty programs (23 percent). According to chi-square and Cramer's coefficient calculations, gender correlation is weak, but men feel more threatened by foreign intelligence services and the Slovene Intelligence and Security Agency. By comparing responses before and after the Datagate affair, we noted that prior to this date, only a handful of people felt threatened by foreign or domestic intelligence agencies. An increased feeling of threat after this date is evident in men as well as women.
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Fox, Dennis R. "The Law Says Corporations are Persons, but Psychology Knows Better." Behavioral Sciences & the Law 14, no. 3 (1996): 339–59. http://dx.doi.org/10.1002/(sici)1099-0798(199622)14:3<339::aid-bsl246>3.0.co;2-7.
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Viteri Sánchez, Cristina, Jorge Viteri Moya, and Edison Matute Déleg. "Sistema de indicadores de gestión para pymes, sector metalmecánico." Enfoque UTE 5, no. 1 (March 27, 2014): 49–61. http://dx.doi.org/10.29019/enfoqueute.v5n1.35.
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(Recibido: 2013/03/05 - Aceptado: 2013/03/25)El presente trabajo se centró en el diseño y propuesta de indicadores de gestión para las pequeñas y medianas industrias (pymes) metalmecánicas en la ciudad de Quito. Se identificó el número de metalmecánicas para el estudio. Mediante análisis se conoció el funcionamiento de las empresas y se determinó qué áreas merecen ser permanentemente monitoreadas, para ello se empleó herramientas como el análisis DAFO, entrevistas y reuniones con los gerentes de las empresas, cuyos resultados demandaron el planteamiento de una estrategia genérica, que abarcó la formulación de la misión, visión, y valores corporativos. Se establecieron objetivos y metas, estos fueron clasificados de acuerdo a las cuatro perspectivas del Cuadro de Mando Integral. Luego se procedió a determinar los indicadores que permitan medir el funcionamiento correcto de la estrategia a emplearse. Se propusieron 10 indicadores de gestión, de acuerdo al análisis de la realidad de las metalmecánicas. Se definieron 3 indicadores financieros, 2 indicadores enfocados al cliente, 3 indicadores para controlar los procesos internos y 2 direccionados a la perspectiva de formación y crecimiento. La utilización de estos indicadores es la clave del desempeño y el control de procesos en cada metalmecánica.
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Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 2." Arab Law Quarterly 23, no. 2 (2009): 181–93. http://dx.doi.org/10.1163/157302509x415701.
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AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows. Section 1 will provide a discussion on governing law of contract and the limitations imposed by English courts on party autonomy. Section 2 discusses International commercial arbitration as an alternative dispute resolution forum. Section 3 presents some ideas for going forward, within the context of historical lessons. Finally the paper presents some conclusions in Section 4.
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Schwarz, Klaus, and Reiner Creutzburg. "Design of Professional Laboratory Exercises for Effective State-of-the-Art OSINT Investigation Tools - Part 2: Censys." Electronic Imaging 2021, no. 3 (June 18, 2021): 44–1. http://dx.doi.org/10.2352/issn.2470-1173.2021.3.mobmu-044.
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Open-source technologies (OSINT) are becoming increasingly popular with investigative and government agencies, intelligence services, media companies, and corporations. These OSINT technologies use sophisticated techniques and special tools to analyze the continually growing sources of information efficiently. There is a great need for professional training and further education in this field worldwide. After having already presented the overall structure of a professional training concept in this field in a previous paper [25], this series of articles offers individual further training modules for the worldwide standard state-of-the-art OSINT tools. The modules presented here are suitable for a professional training program and an OSINT course in a bachelor’s or master’s computer science or cybersecurity study at a university. In part 1 of a series of 4 articles, the OSINT tool RiskIQ PassivTotal [26] is introduced, and its application possibilities are explained using concrete examples. In this part 2 the OSINT tool Censys is explained [27]. Part 3 deals with Maltego [28] and Part 4 compares the 3 different tools of Part 1-3 [29].
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Kuznetsova, Olga A. "Criminal law tools of combatting transnational corruptive criminality." RUDN Journal of Law 25, no. 2 (December 15, 2021): 663–84. http://dx.doi.org/10.22363/2313-2337-2021-25-2-663-684.
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One of the most serious problems in the field of combating crime is the fight against transnational corruption crime. This type of crime already (de facto and de jure) exists as international crime and has a specific subject composition, geography of commission and complex objective reasons. The core of transnational corruption crime is bribery widely used by transnational corporations for achieving their corporate purposes. Combatting such crimes by means of criminal law is carried out at various levels: international, interregional, regional, subregional, bilateral, and domestic. The purpose of this article is to characterize transnational corruption, which is one of the forms of self-determination of crime. The article provides a comprehensive classification of corruption crimes based on various criminal law and criminological criteria. The author pays special attention to the fact that all transnational corruption crimes can be divided into main and auxiliary. At the same time, these two types of offences are often inseparable. The author proposes the main directions of criminal law impact on transnational corruption crime, which could be used in both the General part and Special part of criminal law. The methodology of the article is based on the laws of materialist dialectics. The article rests on a wide range of Russian and foreign sources of scientific, legal, statistical, sociological, and other nature. The author applied the following research methods: analysis, synthesis, deduction, induction, systemic-structural method, logicallegal, and comparativelegal.
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Miethke, Jürgen. "William of Ockham, Dialogus, Part 2; Part 3 Tract 1. Edited by John Kilcullen/ John Scott/Jan Ballweg/Volker Leppin." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 98, no. 1 (August 1, 2012): 373–77. http://dx.doi.org/10.7767/zrgka.2012.98.1.373.
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Hage, Jaap. "A model of juridical acts: part 2: the operation of juridical acts." Artificial Intelligence and Law 19, no. 1 (March 2011): 49–73. http://dx.doi.org/10.1007/s10506-011-9106-3.
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Schwarz, Klaus, and Reiner Creutzburg. "Design of Professional Laboratory Exercises for Effective State-of-the-Art OSINT Investigation Tools - Part 3: Maltego." Electronic Imaging 2021, no. 3 (June 18, 2021): 45–1. http://dx.doi.org/10.2352/issn.2470-1173.2021.3.mobmu-045.
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Open-source technologies (OSINT) are becoming increasingly popular with investigative and government agencies, intelligence services, media companies, and corporations [22]. These OSINT technologies use sophisticated techniques and special tools to analyze the continually growing sources of information efficiently [17]. There is a great need for professional training and further education in this field worldwide. After having already presented the overall structure of a professional training concept in this field in a previous paper [25], this series of articles offers individual further training modules for the worldwide standard state-of-the-art OSINT tools. The modules presented here are suitable for a professional training program and an OSINT course in a bachelor’s or master’s computer science or cybersecurity study at a university. In part 1 of a series of 4 articles, the OSINT tool RiskIQ Passiv-Total [26] is introduced, and its application possibilities are explained using concrete examples. In part 2 the OSINT tool Censys is explained [27]. This part 3 deals with Maltego [28] and Part 4 compares the 3 different tools of Part 1-3 [29].
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Leksin, V. N. "Artificial intelligence in economy and policy nowadays. Article 2. Artificial intelligence as goods and service." Russian Economic Journal, no. 5 (November 2020): 3–33. http://dx.doi.org/10.33983/0130-9757-2020-5-3-33.
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The second article of the three-part series «Artificial intelligence in the economy and politics of our time» presents the results of research on the development of the market for artificial intelligence (AI). It shows the typicality and specificity of this market and identifies the problems of studying it in the absence of necessary statistics and an acute shortage of legal regulations of the AI market. The main suppliers of artificial intelligence developments are identified and characterized, and market offers for the banking sector are also analyzed. Data on shares of companies implementing artificial intelligence developments are summarized, and an example of the use of such developments in exchange activities is given. Mechanisms of state stimulation of applied artificial intelligence development and creation of alliances and consortia of the largest scientific and technological corporations to accelerate these developments are considered separately.
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Minsky, Naftaly H., and Partha Pratim Pal. "Law-governed regularities in object systems. Part 2: A concrete implementation." Theory and Practice of Object Systems 3, no. 2 (1997): 87–101. http://dx.doi.org/10.1002/(sici)1096-9942(1997)3:2<87::aid-tapo2>3.0.co;2-4.
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Wardana, Aditya Kurnia. "Abuse of Authority Article 3 of Law No. 31 of 1999 concerning Eradication of Corruption in Criminal Law Review." Law Research Review Quarterly 5, no. 1 (February 28, 2019): 115–22. http://dx.doi.org/10.15294/snh.v5i01.29707.
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Research on the concept of abuse of authority in the Constitution of Corruption in Indonesia, describes the problem together with the concept of abuse of authority in court decisions. The elaboration with normative research methods ultimately results in showing that the formulation of violations in Article 3 of the PTPK Law is inconsistent. The location of inconsistency is the first element of violation ("with the aim of enriching oneself, others, or corporations") formulated in the material, while the 3rd element ("may endanger the country's finances or economy") is formulated formally. On this basis, the elements of violation "abuse the authority, opportunity, or means they have because of their position / position". As a solution, presumably with the nature given in the haeren between the concept of "haram" with the concept of "abuse of authority" and in practice evidence of abuse of authority is difficult, because assessing the abuse of authority related to factual, it is recommended for Article 3 of Law No. 31 of 1999 jo. UU no. 20 of 2001 just deleted. Another reason is: the element of violation of the law in Article 2 of Law no. 31 of 1999 jo. Law Number 20 of 2001 has been able to accommodate the elements of "abuse of authority", because "abuse of authority" is the "species" of the "genus" element of "breaking the law".
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SHIBUTANI, Yoji. "108 Heinrich's Law resulted in Pattern Dynamics : Part 2." Proceedings of Conference of Kansai Branch 2004.79 (2004): _1–13_—_1–14_. http://dx.doi.org/10.1299/jsmekansai.2004.79._1-13_.
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Sukhodolov, Alexander, Sergey Ivantsov, Tatiana Molchanova, and Boris Spasennikov. "Digital Criminology: Mathematical Methods of Prediction (Part 2)." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 323–29. http://dx.doi.org/10.17150/2500-4255.2018.12(3).323-329.
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The paper is devoted to the problems of digital criminology, the analysis of the methods of mathematical forecasting and the possibility of using them for crime research. The growing complexity of the task of crime counteraction determines the necessity for both the critical overhaul of the existing methods and the search for opportunities to go beyond the boundaries of the traditional methods of researching legal phenomena. The information and analytical work of law enforcement bodies based on the development of crime prevention programs has the key goal of the application of mathematical methods of crime analysis. The object of research is the complex of mathematical methods selected on the basis of their suitability for the purpose of criminological prediction. The authors single out the following methods: the modeling method, the correlation analysis, the analysis of rank correlations and conjugacy tables, discriminant analysis, regression analysis, dispersive analysis, covariance analysis, factor analysis, time series analysis, seasonal oscillation method, maximum likelihood method (in particular, its variety - least squares method), average annual growth rate calculation method, logical decision functions method, pattern recognition, calculus of variations, spectral analysis, Markov chains, algebra of logic, etc. Mathematical prediction in digital criminology consists in using the existing quantitative and qualitative parameters of criminality, calculating their mathematical dependence on time, space and other independent variables. The conducted research allowed the authors to state that the mathematical processing of criminological information makes it possible to improve the accuracy of predictions.
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Schwarz, Klaus, and Reiner Creutzburg. "Design of Professional Laboratory Exercises for Effective State-of-the-Art OSINT Investigation Tools - Part 1: RiskIQ Passive-Total." Electronic Imaging 2021, no. 3 (June 18, 2021): 43–1. http://dx.doi.org/10.2352/issn.2470-1173.2021.3.mobmu-043.
Full textAbstract:
Open-source technologies (OSINT) are becoming increasingly popular with investigative and government agencies, intelligence services, media companies, and corporations. These OSINT technologies use sophisticated techniques and special tools to analyze the continually growing sources of information efficiently. There is a great need for professional training and further education in this field worldwide. After having already presented the overall structure of a professional training concept in this field in a previous paper [25], this series of articles offers individual further training modules for the worldwide standard state-of-the-art OSINT tools. The modules presented here are suitable for a professional training program and an OSINT course in a bachelor’s or master’s computer science or cybersecurity study at a university. In this part 1 of a series of 4 articles, the OSINT tool RiskIQ PassivTotal [26] is introduced, and its application possibilities are explained using concrete examples. In part 2 the OSINT tool Censys is explained [27]. Part 3 deals with Maltego [28] and Part 4 compares the 3 different tools of Part 1-3 [29].
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Sanders, Joseph, V. Lee Hamilton, Gennady Denisovsky, Naotaka Kato, Mikio Kawai, Polina Kozyreva, Takashi Kubo, Michael Matskovsky, Haruo Nishimura, and Kazuhiko Tokoro. "Distributing Responsibility for Wrongdoing Inside Corporate Hierarchies: Public Judgments in Three Societies." Law & Social Inquiry 21, no. 04 (1996): 815–55. http://dx.doi.org/10.1111/j.1747-4469.1996.tb00098.x.
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The decision rules individuals use to judge wrongdoing committed inside corporations and other hierarchical organizations are not well understood. We explore this issue by asking random samples of individuals in Moscow, Tokyo, and Washington, D. C., to respond to four short vignettes describing acts of wrongdoing by people in corporations. The vignettes are experiments that manipulate the actor's mental state, the actor's position in the organization, and whether the actor's decision was influenced by others in the organization. We examine (1) the distribution of responsibility among people in the organization, (2) how individual responsibility affects the attribution of responsibility to the organization itself, and (3) cross-national differences in attributions. We find that both what the actors did (their deeds) and the position they occupied (their roles) significantly influence the responsibility attributed to them. The responsibility attributed to the organizations themselves is a function of the responsibility attributed to the actors inside the organization, but not a function of the independent variables in the experiments. Cross-national differences emerge with respect to the responsibility assigned both to individuals and to the organizations themselves. We discuss implications of these results for past and future work.
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Myška, Matěj, and Jakub Harašta. "Less Is More? Protecting Databases in the EU after Ryanair." Masaryk University Journal of Law and Technology 10, no. 2 (September 18, 2016): 170–99. http://dx.doi.org/10.5817/mujlt2016-2-3.
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This paper discussed the current status quo of legal protection of databases after the Ryanair case (C-30/14). The first part focuses on the subject matter, scope and limits of legal protection for databases according to the Directive 96/9/EC and the related relevant Court of Justice of the European Union case law. Next, it briefly discusses further possibilities of protection for databases not protected by the copyright and/or sui generis database rights. The second part analyses the recent decision of the Court of Justice of the European Union in the case Ryanair (C-30/14). The third part then discusses the consequences of this decision as regards to potential monopolisation of synthetic data by contract. The conclusions are summed up in the final fourth part.
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Vegh Weis, Valeria, and Brittany Magnin. "Essential Crimes? Essential Punishments? Rethinking Essentiality in the Midst of the COVID-19 Pandemic." Critical Criminology 29, no. 2 (April 3, 2021): 273–88. http://dx.doi.org/10.1007/s10612-021-09564-2.
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AbstractThe phrases, “essential businesses” and “essential jobs,” emerged at the beginning of the COVID-19 pandemic, raising questions about and reflecting concerns over which goods, services, and workers were necessary to prevent societal collapse. In an attempt to continue to probe “essentiality,” this article coins the term “essential crimes” to refer to those socially injurious acts and omissions that are part and parcel of a global neoliberal capitalist order, and that are, therefore, vital to keep the socioeconomic system running. In other words, if keeping humans alive in the midst of the COVID-19 pandemic required supermarkets and hospitals to remain open (“essential business and jobs”), maintaining the existing socioeconomic system and ensuring that the powerful remained powerful required harmful acts and omissions by states and corporations—what we refer to as “essential crimes.” This article sheds light on how the COVID-19 pandemic has helped illuminate just how essential these crimes and harms are to the perpetuation of the status quo by the powerful. In addition, this article encourages us to consider which punishments, if any, are vital to a well-ordered society, and it demands that we rethink whether prison is an “essential punishment” for ensuring public safety.
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Mauludi, Aulia. "A Gentrification in Awiligar Dago as The Result of Tourism Industry: An Ethnographic Study." Digital Press Social Sciences and Humanities 5 (2020): 00001. http://dx.doi.org/10.29037/digitalpress.45336.
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<p>Awiligar is a highland that is a part of Dago hills. The weather and view have fascinated people and corporations to develop its tourism industry. There are five types of Familiar visitors namely, people who (1) migrated to Awiligar from old villages at the top of the hill, (2) traveled from other regions in Bandung, (3) assimilated into the region (i.e., past convicts, colonialists, high-class members of the Indonesian society), and (4) corporations who built the tourist industries and infrastructures (e.g., hotels, outlets, restaurants). Those investments of time, energy, and effort into the tourism industry can be referred to as gentrification. Gentrification is a process by which marginal urban neighborhoods are rehabilitated and revitalized by incoming middle- and upper-class residents. There are two impacts of gentrification in Dago. The first being overcrowding and the second being the changes in the work division in modern industry, especially in terms of family structures. <br></p>
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Thompson Jackson, Janet, and Susan R. Jones. "Law & Entrepreneurship in Global Clinical Education." International Journal of Clinical Legal Education 25, no. 3 (December 18, 2018): 85–134. http://dx.doi.org/10.19164/ijcle.v25i3.769.
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As clinical legal education (CLE) continues to evolve and prepare practice-ready lawyers, and governments worldwide focus on the multilayered impact of technology, automation and artificial intelligence, there is a pressing need to examine law and entrepreneurship through the lens of global clinical legal education. The range of issues include: corporate social responsibility, disruptive technologies, microbusiness, social entrepreneurship, social impact investing, the creative economy, sustainable local economies, cooperatives and shared work, and inclusive entrepreneurship.Indeed, new legal entities like benefit corporations and low profit limited liability companies (L3Cs) have emerged to address contemporary legal needs and in the United States, the notion of an entrepreneurial mindset is prominent. Many of today’s law students are Millennial generation, ages 18-34, while others are digital natives who have not known a world without technology.Business law clinics (BLCs), also referred to as transactional clinics, representing for profit, nonprofit or nongovernmental (NGOs) organizations and social enterprises aim to support the growth of entrepreneurial ecosystems while promoting social and economic justice. BLCs teach law students substantive law, practical skills and professional values. Indeed, BLCs with a social and economic justice perspective can help law students, the next generation of leaders, to develop critical analytic skills and insights into how entrepreneurship supports and sometimes hurts human rights and civil society efforts.Part one of this article examines the evolution of global CLE in western countries like the United States, United Kingdom, Canada, Australia, and in Georgia and Croatia. Part two discusses a more recent phenomenon in CLE, the emergence of BLCs, which expand the clinical experience beyond the courtroom to the boardroom, and the differences and similarities between litigation and transactional legal clinics. Part three examines the rise in BLCs globally, and contains case studies of the global experience in transactional CLE with perspectives from Georgia, Croatia, Australia, Canada and the U.K. Part four considers the unique pedagogical and programmatic aspects of BLCs, such as redefining “practice-ready,” teaching Millennials, and collaboration as a lawyering skill. Part five reflects on the significance of BLCs now. In Part six the article concludes by looking to the future of BLCs in a global context. The article also includes an Appendix 1 with BLC Lawyering Competencies and Learning Outcomes and Appendix 2 with a Checklist for Starting or Re-Imagining a BLC.
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Prakasa, Satria Unggul Wicaksana. "Garuda Indonesia-Rolls Royce Corruption, Transnational Crime, and Eradication Measures." Lentera Hukum 6, no. 3 (December 31, 2019): 409. http://dx.doi.org/10.19184/ejlh.v6i3.14112.
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The appointment of Emirsyah Satar, former President Director of PT Garuda Indonesia, and former Director of PT Mugi Rekso Abadi, Soetikno Soearjo who was the beneficial owner of Connaught International Pte. Ltd. as an intermediary for bribery against the Emirsyah in the alleged bribery case of aircraft and aircraft engine procurement from Airbus SAS and Rolls Royce PLC by PT. Garuda. Cross-border corruption carried out by Rolls-Royce is not only corruption committed by a private entity, but the case is also related to efforts to recognize the concept of Foreign Affairs Bribery as a new type of corruption. This research aims to find out the corruption as a transnational crime committed by multinational corporations and how inter-state cooperative actions can prosecute corruption cases. Legal questions raised are: (1) how can the United Nations Convention Against Corruption mechanism be used in exposing the Garuda Indonesia-Rolls Royce corruption case as a transnational crime, and (2) what legal remedies which can be applied to punish corruption committed between Garuda Indonesia-Rolls Royce? This study argues that, as part of transnational crime, of course, Garuda Indonesia and Rolls-Royce's corruption is an extraordinary crime that is not only detrimental to business practices but also the rule of law in Indonesia and other countries involved. Corruption done by Rolls-Royce, which involved Emirsyah Satar as a former director of Garuda Indonesia, has harmed Indonesia. Thus, Jurisdiction of criminal acts of corruption is needed. It should be under the legal system of corruption eradication in Indonesia. There is a need for interpretation because Indonesia is part of the state which ratified UNCAC through Law No. 7 of 2006. Therefore, recognizing the Foreign Affairs Bribery concept as part of a judge's rechtvinding (finding of law) of the Criminal Court that multinational/transnational corporations comply with and respect the rule of law and eradication of corruption in Indonesia. It includes in making lex specialis (law governing a specific subject matter) related to Foreign Affairs Bribery so that similar cases do not occur in the future for Indonesia.
Keywords: Corruption, Transnational Crime, Garuda Indonesia, Rolls-Royce.
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Ruiz-Mora, Isabel, and Daniel Guerrero-Navarro. "Responsabilidad Social en el fútbol profesional español ¿Una relación para el desarrollo de un nuevo rol ciudadano?" Retos 8, no. 16 (September 27, 2018): 61–77. http://dx.doi.org/10.17163/ret.n16.2018.05.
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El presente trabajo se enmarca en la relación que se establece entre la Responsabilidad Social de las empresas (RSE) y relaciones públicas en las organizaciones, visto desde el enfoque de la Teoría de la Legitimación (Lindblom, 1994). Se plantea determinar si los clubes profesionales del fútbol español apuestan por la RSE como estrategia para legitimar su rol de ciudadano corporativo en la sociedad. Como objetivos específicos se pretende (1) conocer cuál es la situación de la RSE en los clubes; (2) determinar las políticas de RSE más habituales y, (3) identificar los principales canales de relación y diálogo con los stakeholders. La metodología empleada, con un carácter descriptivo-interpretativo, se focalizará en el estudio de los 42 clubes que componen la Liga de Fútbol Profesional (temporada 2017/2018), de primera y segunda división. Para ello se analizan las memorias anuales, las webs corporativas y las fundaciones de los clubes, por constituirse éstas como instrumentos para implementar políticas de RSE. Los resultados arrojan un escaso compromiso con la RSE, donde se enfatiza la acción social, las acciones destinadas a los socios y el cumplimento con la Ley de Transparencia. La conclusión principal demuestra que los clubes profesionales se limitan a cumplir con la legislación y no tienen un compromiso real con la transparencia y la RSE. El concepto de RSE no es aplicable al sector del fútbol profesional en España.
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Criscione, John C., Michael S. Sacks, and William C. Hunter. "Experimentally Tractable, Pseudo-elastic Constitutive Law for Biomembranes: II. Application." Journal of Biomechanical Engineering 125, no. 1 (February 1, 2003): 100–105. http://dx.doi.org/10.1115/1.1535192.
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This is the second paper of a 2 part series. In the first, a theoretical framework is developed that provides 3 enhancements for the constitutive theory of biomembranes. 1) Covariance amongst response terms is minimized, 2) the pseudo-strain-energy potential is redefined so as to be measurable, and 3) the stress response is decomposed into 2 parts—a hyperelastic part plus a hypoelastic-stress-residual. This paper illustrates the experimental advantages of this novel constitutive theory via analysis of biaxial test data obtained from chemically treated bovine pericardium.
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Roth-Gordon, Jennifer, Jessica Harris, and Stephanie Zamora. "Producing white comfort through “corporate cool”: Linguistic appropriation, social media, and @BrandsSayingBae." International Journal of the Sociology of Language 2020, no. 265 (September 25, 2020): 107–28. http://dx.doi.org/10.1515/ijsl-2020-2105.
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AbstractDrawing on branded tweets that linguistically appropriate slang, African American Language, and hip hop lyrics, this article examines how corporations rework black culture to create “corporate cool” as part of their advertising strategy on social media. We examine three processes that corporations engage in to associate themselves with “coolness” while managing levels of racial contact and proximity for their audience: 1) racially ambiguous voicing, 2) “bleaching” black bodies out of images, and 3) the forging of “racially tinged” intertextual connections. While previous scholarship has analyzed how acts of cultural and linguistic appropriation reap profit for white people and continue to stigmatize already racially marginalized groups, we describe how these seemingly innocent cultural and linguistic references harness a corporately constructed black cool to produce a sense of white comfort. We argue that white comfort is generated not only through the avoidance of overt references to racial conflict, as the term “white fragility” suggests, but also through well-worn, familiar, and comfortable reminders of racial difference and domination that are offered at a safe distance from actual black people and contexts of racial violence.
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Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 1." Arab Law Quarterly 23, no. 1 (2009): 1–29. http://dx.doi.org/10.1163/157302509x395623.
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AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in compliance with Islamic law in the ambit of English courts, evaluate the features of international commercial arbitration as they relate to overcoming these challenges, and provide some suggestions for going forward. The paper is structured as follows: Section 1 will be used to introduce Islamic finance and frame the issues facing the industry in relation to dispute resolution. Section 2 will focus on providing the background required, while Section 3 frames Islamic finance in relation to conventional finance. Section 4 will provide an insight into Islamic law.
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Gudkov, Ivan V. "RELEVANT ISSUES OF DEVELOPMENT OF THE ENERGY LAW IN THE EUROPEAN UNION: DISCUSSION CONCERNING THE NORD STREAM-2 PROJECT (PART 2)." Energy law forum 3 (September 19, 2018): 32–40. http://dx.doi.org/10.18572/2312-4350-2018-3-32-40.
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Gudkov, Ivan V. "Relevant Issues of Development of the Energy Law in the European Union: Discussion Concerning the Nord Stream-2 Project (Part 2)." Energy law forum 3 (September 19, 2018): 86–92. http://dx.doi.org/10.18572/2410-4390-2018-3-86-92.
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Ronen, Yaël. "ISRAEL, HIZBOLLAH, AND THE SECOND LEBANON WAR." Yearbook of International Humanitarian Law 9 (December 2006): 362–93. http://dx.doi.org/10.1017/s138913590600362x.
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This article analysesjus ad bellumquestions arising from the 2006 war in Lebanon between Israel and Hizbollah. In particular, it examines Israel's claim to self-defence. Part 1 describes the scene of events and the actors. Part 2 explores whether the events of 12 July qualify, in themselves, as an armed attack. Part 3 concerns Hizbollah's and Lebanon's international responsibility for the attack. Part 4 examines whether Israel's actions complied with the legal requirements for a lawful act of self-defence.
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Annus, Taavi. "Estonia Supreme Court on Reopening of Judicial Proceedings Following a Judgement of the European Court of Human Rights. Decisions of 6 January 2004, case No. 3-1-13-03 and 10 January 2004, case No. 3-3-2-1-04." European Constitutional Law Review 1, no. 2 (May 19, 2005): 318–26. http://dx.doi.org/10.1017/s1574019605003184.
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In the fourteen years since Estonia regained its independence in 1991, the Europeanisation of its legal, political and economic system has been rapid. Estonia became a member of the Council of Europe in May 1993 and has, thereafter, ratified most of its important international human rights conventions. Before becoming a member of the European Union in May 2004, a large-scale harmonisation of its laws with the EU standards has taken place. Two recent decisions by the Estonian Supreme Court, the subject of the present annotation, on the application of the European Convention of Human Rights (ECHR) and the execution of the decisions of the European Court of Human Rights illustrate the way in which European standards have become a part of the Estonian legal system.
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Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (June 19, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2697.
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In this extraordinarily voluminous edition we offer 2 orationes, 8 articles and 3 notes.Oratio • The first oratio is by Josef GA Krger, QC. Partner in Borden Ladner Gervais LLP, Calgary, Canada, who spoke in August 2010 in Potchefstroom, giving an expert exposition of the Canadian law on the restructuring of insolvent corporations in Canada. • The second oratio is by Werner Menski of the School of Law, University of London, speaking in June this year at the University of London in a Religare Conference. Showing his distaste for fuzzy law, he argues that "moderate secularism" is not merely another fuzzy concept, but it is "super-fuzzy", and that lawyers claiming to love certainty "have a tendency to sit in judgment over matters and even pre-judge things they know little about, including legal pluralism" leading to much irritation.
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Maslennikova, E. V. "Analysis of the Russian experience in reforming control and supervisory activities (part 2)." RUDN Journal of Public Administration 5, no. 3 (December 15, 2018): 318–42. http://dx.doi.org/10.22363/2312-8313-2018-5-3-318-342.
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The modern period of reform of control and Supervisory activities is full of events, novelties of norm-setting, social experiments. In recent years, the main vector of reforms is aimed at respecting the interests of controlled objects in the preparation and conduct of control and Supervisory activities, the introduction of risk-based control, allowing to concentrate resources for control and supervision in those areas where there is a high probability of violation of the values protected by law. The article considers the dynamics and the main results of the reform of control and Supervisory activities. Among the positive results of the reform are the pilot implementation of a risk-based approach in control and supervisory activities, a system for evaluating the effectiveness and efficiency of control and supervisory activities. Some positive dynamics emerged in the application of checklists. From the point of view of the author, insufficient attention is paid to questions of a critical analysis of the need and sufficiency of control and supervisory activities in terms of the protection of legally protected values; the possibility of replacing state control and supervision by other, including non-state institutions. The author substantiates the conclusion about the analysis of the need for control (supervision), systematization of control and Supervisory functions and audit of mandatory requirements before making and implementing decisions related to the technological aspects of control (supervision). Also, proposals are made to adjust the provisions contained in the draft law “on state and municipal control (supervision) in the Russian Federation”.
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Konstantinidis, Ioannis. "Book Review: Emilia Justyna Powell. Islamic Law and International Law: Peaceful Resolution of Disputes." International Review of Law 9, no. 1 (December 1, 2020): 246–49. http://dx.doi.org/10.29117/irl.2020.0098.
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The settlement of inter-state disputes is an integral part of the international legal system. The obligation of States to settle their disputes peacefully is enshrined in Article 2(3) of the Charter of United Nations. In turn, Article 33 of the Charter identifies different means that can be employed by United Nations Member States with a view to peacefully resolving inter-state disputes, including, inter alia, “negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement”.
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Fogelson, Yury, and Dmitry Poldnikov. "The Social History of Law as a Factor of the Rule of Law." osteuropa recht 67, no. 2 (2021): 172–201. http://dx.doi.org/10.5771/0030-6444-2021-2-172.
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The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12
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Hladik, Jan. "The Control System Under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 and its Second Protocol." Yearbook of International Humanitarian Law 4 (December 2001): 419–31. http://dx.doi.org/10.1017/s1389135900000933.
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This article examines the control system under the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 (the Convention) and its Second Protocol (the Protocol). It is divided into three parts. Part 1 introduces the control system and provides some examples of its implementation; Part 2 focuses on the evaluation of the control system during a recent review of the Convention; and Part 3 compares the control system under the Convention with that under the Second Protocol to the Convention.
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Suppa, Alessandro, and Pavel Bureš. "Can Multinational Corporations be responsible for human rights violation of its outsourcee company? Response of national or international law?" International and Comparative Law Review 20, no. 1 (June 1, 2020): 153–79. http://dx.doi.org/10.2478/iclr-2020-0007.
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SummaryNowadays, an important role in the world is played by Multinational Corporations (MNCs). They hire, produce, and influence the international economy, but also, they exploit, pollute. Their business activities might have a worldwide effect on human lives. The question of the responsibility of MNCs has drawn the attention of many scholars, mainly from the study field labelled “Business and Human Rights”. The present paper does not examine the topic under the same approach. The authors aim at presenting the issue in a broader perspective, exploring the concept of due diligence both in international and corporate law. In this paper, authors strategically use the uniformity of national legislations as a possible and alternative solution to the issue. They are aware of three fundamental factors: 1) the definition of MNCs needs to be as clear as possible, so to avoid any degree of uncertainty; 2) the outsourcing phenomenon interacts with that definition; 3) in case of no possibility to include outsourcing in the definition of MNC, the original question arises in a significant way.
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Godelier, Eric. "The corporate nationality: A question of culture and community?" Journal of Modern European History 18, no. 1 (January 13, 2020): 28–47. http://dx.doi.org/10.1177/1611894419895228.
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Many scholars in management and business history are using nationality as a core criterion to classify corporations and to explain their behaviour, values, and strategy. In this perspective, being born in a specific country defined by its frontiers and institutions explicates the values and behaviour of its inhabitants—and companies within this context are described as more ‘German’, ‘Italian’, or ‘French’. However, it does not help to analyse in depth the complex and various differences between what is observable in day-to-day business life and what is in underneath. A better understanding of corporation nationality imposes to use the concept of culture. It implies to underline the fact that ‘nation’ is often delimitated by frontiers and most of the time is the result of political choices. If nationality explains some element of corporate culture, it cannot explain all cultural dimensions. One reason is that culture does not stop at national frontiers. This article has several aims: (1) it discusses the use of nationality as a means to describe and analyse the organizational behaviour of companies and their communities; (2) it interrogates ‘nationality’ as a powerful factor which enables to aggregate different communities within large corporations; and (3) it analyzes how ‘nationality’ is influencing managerial practices. Most of the time, ‘nationality’ is mobilized to describe the global strategy or practices of big corporations. The author argues that nationality is a crucial factor for corporate culture in many ways—not as a ‘given’ fact but as a larger part of the institutional design of a company (and its development).
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Ambos, Kai. "Confidential Investigations (Article 54(3)(E) ICC Statute) vs. Disclosure Obligations: The Lubanga Case And National Law." New Criminal Law Review 12, no. 4 (2009): 543–68. http://dx.doi.org/10.1525/nclr.2009.12.4.543.
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After a short introduction to the procedural history of the Lubanga case (infra I.) the paper analyzes, in its first substantive part (II.), the disclosure regime of the ICC with particular regard to the tension between disclosure and confidentiality as displayed in Lubanga. An interpretation of Article 54(3)(e) of the ICC Statute that pretends to be compatible with the Prosecutor's disclosure obligations (Article 67(2)) is offered. In the second part (III.), the law on disclosure/discovery in England and Wales and the United States is examined with a view to its possible contribution to an improvement of the ICC disclosure regime. This analysis confirms that the law of disclosure is of great complexity, not least because of the underlying tension between defense rights and opposing interests of public or private security. This tension cannot be solved by blanket rules but only on a case-by-case basis that strives for an appropriate balance between the public interest of an efficient prosecution of (international) crimes and the (disclosure) rights of the accused.
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Kikuti Dancosky, Andressa, Jacques Mick, Dairan Mathias Paul, Suelyn Cristina Carneiro da Luz, Alessandra Natasha Costa Ramos, and Jefferson Sousa. "AT THE SERVICE OF THE COMMUNITY, CAUSE OR CAPITAL: alternative journalistic arrangements to the major media corporations in Santa Catarina." Brazilian Journalism Research 17, no. 2 (August 30, 2021): 336–75. http://dx.doi.org/10.25200/bjr.v17n2.2021.1382.
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ABSTRACT – This paper presents the results of research on journalistic economic alternative arrangements to the major media corporations in the state of Santa Catarina, Brazil. It draws a profile of 20 arrangements identified through combined research techniques (snowball and questionnaire), characterizing them from three central axes: 1) “what is journalistic” in the journalistic arrangements (defining aspects of the type of journalism that is produced – or “markers”) and considerations about the world of work of the people in charge of these arrangements; 2) organization and production process (publication regimes, target audience, independence, and alternativeness); and 3) innovation and sustainability (if the arrangements consider themselves as entrepreneurial and innovative, what their legal status is and how they are financially sustained). The results point to three ideal types of journalistic arrangements, identified by their different bonds with the capital, their communities, or their political causes. Each ideal type corresponds to a distinct understanding of what journalism is and to distinct governance practices. Without constituting consolidated models, these types respond, each one in its way, to the structural changes that occur in the profession.RESUMO – Este artigo apresenta resultados de uma pesquisa sobre arranjos econômicos de jornalismo alternativos às grandes corporações de mídia no estado de Santa Catarina. Traça um perfil de 20 arranjos identificados por meio de técnicas combinadas de pesquisa (bola de neve e questionário), caracterizando-os a partir de três eixos centrais: 1) “o que há de jornalístico” nos arranjos jornalísticos (aspectos definidores do tipo de jornalismo produzido – ou “marcadores”) e considerações sobre o mundo do trabalho de seus e suas responsáveis; 2) organização e processo produtivo (regimes de publicação, públicos-alvo, relações de independência e alternatividade); e 3) inovação e sustentabilidade (se os arranjos consideram-se empreendedores e inovadores, quais seus status jurídicos e como se sustentam). Os resultados apontam para três tipos ideais de arranjos jornalísticos, identificados por suas diferentes conexões com o capital, as comunidades ou as causas políticas. Cada tipo ideal corresponde a um entendimento diferente do que é o jornalismo e a distintas práticas de governança. Esses tipos, sem constituírem ainda modelos consolidados, respondem, cada qual a seu modo, às mudanças estruturais do ofício.RESUMEN – Este artículo presenta los resultados de una investigación sobre proyectos económicos de periodismo alternativos a las principales corporaciones mediáticas en el estado de Santa Catarina, Brasil. Se dibuja un perfil de 20 proyectos identificados por técnicas de investigación articuladas (bola de nieve y cuestionario), caracterizándolos desde tres ejes centrales: 1) “qué hay de periodístico” en los proyectos periodísticos (aspectos definidores del tipo de periodismo producido – o “marcadores”) y consideraciones sobre el mundo laboral de sus responsables; 2) organización y proceso de producción (regímenes de publicación, públicos objetivo, relaciones de independencia y alternatividad); y 3) innovación y sostenibilidad (si los proyectos se consideran emprendedores e innovadores, cuál es su estatus legal y cómo se mantienen). Los resultados apuntan a tres tipos ideales de proyectos periodísticos, identificados por sus distintas conexiones con el capital, las comunidades o las causas políticas. Cada tipo ideal corresponde a una comprensión diferente de lo que es el periodismo y diferentes prácticas de gobernanza. Estos tipos, sin ser modelos aún consolidados, responden, cada uno a su manera, a los cambios estructurales de la profesión.
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Simon, Leonore M. J., and Alan R. Felthous. "Sex offenders: part two/three. Public policy." Behavioral Sciences & the Law 18, no. 2-3 (2000): 131–34. http://dx.doi.org/10.1002/1099-0798(200003/06)18:2/3<131::aid-bsl391>3.0.co;2-4.
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Luneva, E. V. "Differntiation between Rational and Sustainable Use of Natural Resources in Land Law." Lex Russica, no. 12 (December 16, 2020): 54–66. http://dx.doi.org/10.17803/1729-5920.2020.169.12.054-066.
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The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.
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Zapata Lesmes, Clemencia Del Consuelo. "Diagnóstico de necesidades para el desarrollo de la inteligencia práctica. Diseño de objetos virtuales de aprendizaje para niños sordos// Needs assessment for the development of practical intelligence. Design of virtual learning objects for deaf children." Hexágono Pedagógico 3, no. 1 (November 29, 2012): 176. http://dx.doi.org/10.22519/2145888x.306.
Full textAbstract:
El proyecto completo propone la construcción de objetos virtuales de aprendizaje para desarrollar inteligencia práctica en niños sordos de 5 a 9 años, financiado por el Ministerio de Educación Nacional, liderado y ejecutado la Corporación Universitaria Rafael Núñez; en este artículo se presenta el proceso y los resultados de la primera fase: “Diagnóstico denecesidades para el desarrollo de la inteligencia práctica en niños sordos de 5 a 9 años”, a propósito, se construyeron tres rejillas (rejillas 1, 2 y 3) para registrar los resultados que arrojaron las actividades diseñadas para valorar los aspectos básicos de la inteligencia práctica; se realizó un análisis desde el sentir pedagógico, el cual reveló problemas dramáticos: los niños presentan atraso en el desarrollo de habilidades cognitivas, como también en las sociales y comunicativas; están limitados al uso del lenguaje de señas porque no leen y no escriben usando el sistema simbólico de lengua castellana; no reconocen la naturaleza de problemas simples acordes con sus edades, entre otros, esto les impide modificar situaciones a conveniencia, posibilidad que si tienen quienes han desarrollado su inteligencia práctica.ABSTRACT:The entire project proposes the construction of virtual learning objects to develop practical intelligence in deaf children 5-9 years old, funded by the Ministry of Education, led and executed the University Corporation Rafael Nunez, in this paper we present the process and results from the first phase: "needs assessment for the development of practical intelligence deaf children of 5-9 years ", by the way, were built three grids (Tables 1, 2 and 3) to record the results yielded activities that were designed to assess the basics of practical intelligence, analysis was performed from the pedagogical sense, which revealed dramatic problems: children have delayed development of cognitive skills, as well as in social and communication, are limited to the use of sign language because they do not read and write using the symbolic system of the Spanish language , do not recognize the nature of simple problems according to their age, among others, this prevents them from modifying situations desirability, possibility that if those who have developed their practical intelligence.
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SAFONOV, MAXIM S. "Legal nature of the Russian development institutions." Public Administration 22, no. 2 (2020): 6–9. http://dx.doi.org/10.22394/2070-8378-2020-22-2-6-9.
Full textAbstract:
In the article, development institution is considered from its legal form and nature, in which it can and should carry out its activities, namely, as a subject of public law. The relevance of this article is expressed by the introduction in the Russian law of a public law company concept, which is a new alternative to state-owned corporations. On July 3, 2016, Federal Law No. 236- FZ “On Public Law Companies in the Russian Federation and on Amending Certain Legislative Acts of the Russian Federation” (with amendments and additions) was adopted. After its adoption, a new wave of discussions began to take place on the active use of such concepts as a legal entity of public law in Russian legislation. At the legislative level, it became necessary to implement general principles regarding legal entities of the same type in the framework of the legal matrix, into which it is possible to attribute all known subjects of law. The special legal nature of development institutions requires a particular legal form that would meet the goals and objectives set for them. The use of almost all the provisions of the legal entity of public law theory, in modern practice, can be the correct decision to create the necessary legal form for development institutions. This will allow taking into account the features of the property base of their activities, peculiarities of management of the development institution, setting goals when making decisions, the ability to use specific tools of state regulation of economy in the implementation of public functions assigned to the development institutions.