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Laptev, V. A. "The Digital Life of Modern Corporations: Corporate Management Mechanisms and What the Future Holds." Kutafin Law Review 9, no. 2 (July 5, 2022): 227–50. http://dx.doi.org/10.17803/2713-0525.2022.2.20.227-250.
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Digital transformation of the economy has redefined approaches to the issues of legal capacity, corporate governance and management of business processes. Traditional management mechanisms are no longer competitive unless used in conjunction with dynamically developing digital technologies. This article reviews the lifecycle of a “digital corporation” from the moment of its establishment (i.e., from the moment it acquires legal capacity), the processes related to its governance and management (intra-corporate and intra-productive relations), as well as the documentation of the outcome of its business and production activities. We discuss the “digital footprint” left by corporations in public registers, a unified space of trust implemented as a digital interactive environment, “digital afterlife,” and the adjustment of the legal capacity of corporations in view of the automation of their business processes. Furthermore, we provide several examples of digital management tools that are replacing traditional forms of management that rely solely on human cognition. We introduce three types of digital management: remote management (exercised by humans); smart management (based on algorithms designed by human engineers); and artificial intelligence (AI) management (that does not require human involvement). The article discusses the distinctive characteristics of each of these types of management and their potential joint application. Legal risks associated with the use of digital technologies for the assessment and documentation of production and economic activities (e-accounting, cloud data, open-access information, public registers) are identified. The study relies on empirical economic, legal and technological data pertaining to the legal status of a modern mixed-capital business corporation. We present an overview of currently available IT solutions for digital corporation (e-corporation) management and modification of traditional management tools, and provide an assessment of the prospects for the future development of these technologies. We emphasize the role of law in the digitalization of the economy and offer approaches to legislative work aimed at the legal regulation of modern corporate management.
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Гура, Олександр. "ПІДГОТОВКА МАЙБУТНІХ ІНЖЕНЕРІВ-ПРОГРАМІСТІВ ДО ТЕСТУВАННЯ ПРОГРАМНОГО ЗАБЕЗПЕЧЕННЯ В УМОВАХ НЕФОРМАЛЬНОЇ ОСВІТИ: ПРОБЛЕМИ ТА ШЛЯХИ УСПІШНОЇ РЕАЛІЗАЦІЇ." Педагогічні науки: теорія, історія, інноваційні технології, no. 7(101) (September 28, 2020): 55–63. http://dx.doi.org/10.24139/2312-5993/2020.07/055-063.
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This article discusses the problem of preparing student programmers for the process of software testing in real production conditions. It reveals the relevance of the field of software development in general and the testing process in particular, gives a characteristic of the latter. An analysis of the requirements put forward by employers to young specialists-testers is carried out, the main ones are highlighted: knowledge of specific theoretical aspects of activities, the availability of project experience, a high level of development of soft skills. The paper examines the international experience of training software engineers, which highlights special attention of foreign programs to the practices of non-formal education, in particular, to conducting industrial practice at the expense of the resources and programs of partner enterprises, as well as taking into account international certificates of training programs in the assessment of disciplines. In the final part of the work, a description of the concept of non-formal education is given, features of its legal status in Ukraine are highlighted, characteristics of its main features are given, such as the use of innovative teaching methods, flexibility and modifiability, implementation on the basis of specialized or independent institutions. The final part of the article examines the issue of the relevance of non-formal forms of education in the context of training future software engineers for software testing in a real project environment. An analysis of the existing commercial practices present in the educational space of Ukraine is carried out, conclusions are drawn regarding the possibility of using informal training practices within the formal programs of domestic universities.
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Ermakova, Olga K. "CONTRACTS WITH FOREIGNERS IN THE FIRST QUARTER OF THE 19TH CENTURY RUSSIA: DEVELOPMENT OF CONTRACTUAL RELATIONS AND EVOLUTION OF LEGAL CONSCIOUSNESS." Ural Historical Journal 74, no. 1 (2022): 147–54. http://dx.doi.org/10.30759/1728-9718-2022-1(74)-147-154.
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The article is devoted to a qualitatively new stage in the development of contractual relations between the Russian state and private individuals — foreigners, the transition to which became obvious in the era of Alexander I. On the basis of deep source analysis founded on the methods of diplomatics, the author demonstrates that in the first quarter of the 19th century the perception of a contract by representatives of power structures (even if the state did not act as a counterparty) was characterized by an awareness of the need for strict compliance with the conditions, the inadmissibility of violation, as well as the recognition of the dominant role of the contract over specific circumstances (including those that made the further execution of the contract meaningless for the treasury). As an illustration, the author selected agreements with mining engineers and administrators invited to the Ural factories in the early 19th century. For comparison, the paper analyzes not only government contracts, but also private-law acts of employment concluded by a German-born entrepreneur Andreas Knauf with other foreigners hired by him during the management of the Zlatoust plants on a leasehold basis. It is concluded that in the epoch under study, the contract could no longer be considered as a kind of “fiction” (V. Zhivov’s expression), which it really was in many ways during the reign of Peter I, when it just entered into mass use due to the active attraction of foreigners to Russia. The strengthening of the legal force of contracts provided hired foreign specialists at the beginning of the 19th century with a fairly stable legal status, and the evolution of the government’s attitude to contractual obligations indicated the convergence of Russian and Western legal cultures.
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Voicu, Răzvan, and Lawrence G. Dominguez. "Facilitation Fish Migration above the Discharge Sill Located on the Ialomiţa River Near Cave Ialomicioara." Annals of Valahia University of Targoviste, Geographical Series 16, no. 2 (October 1, 2016): 44–58. http://dx.doi.org/10.1515/avutgs-2016-0004.
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AbstractLongitudinal connectivity restoration of watercourses is a major duty for scientists (biologists, hydro engineers, chemists etc.) that, by the means of technical exchange via conferences, projects, workshops, universities, and institutions demonstrate the major importance of a natural (non-anthropic) function of the lotic ecosystems. On the Ialomiţa River, the discharge sills located downstream from Padina chalet block the migration of some fish species, such as the brown trout (Salmo trutta) and the bullhead (Cottus gobio), prohibiting access to foraging areas and springs. Water Framework Directive 60/2000 / EC provides a legal framework for restoring “good status” of longitudinal and lateral connectivity of watercourses. Our proposed solution I can be applied to other discharge sills and dams sized between 3m and 6m high, and, where feasible can utilize existing power sources of some discharge sills. Solution II’s concepts allow the dimples inside the concrete plate to serve as a rest and recovery area for migratory species. Such benefits that ensure upstream/downstream fish migration while allowing discharge management to continue is unattainable in conventional systems. After solution II is applied the discharge sill does not lose any baseline characteristics while maintaining the original hydro-technical design objective, flood dissipation.
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Michael, Brent, and Karen Coleman. "COMPENSATION AND COASTAL PROTECTION." Coastal Engineering Proceedings, no. 36v (December 28, 2020): 32. http://dx.doi.org/10.9753/icce.v36v.management.32.
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In this presentation, the authors examine the circumstances in which public bodies and professionals retained by them can be liable to pay monetary compensation for erosion damage. Coastal engineering, together with the analysis of coastal processes, play an important role in this legal landscape. Public bodies may come under a duty to implement defensive works; but equally they may be responsible for adverse impacts from them, such as end effects erosion. Coastal engineers may be engaged to provide critical protective works; but they may be liable where works are not designed or built to required standards or for stipulated purposes. Difficulties in assessing likely risk due to changes associated with climate change add an additional dimension with the increased risk of failure of protective works facing conditions which may not have previously been considered in the design criteria. Drawing from a decade of experience acting for litigants and property owners in erosion hotspots in New South Wales, the authors identify the key principles that apply in Australia and other common law jurisdiction and discuss how these rules can apply to scenarios where a disaster arises on any coastline. Some of the cases covered were included in the 2017 review by the United Nations entitled "The Status of Climate Change Litigation".
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Opawole, Akintayo, and Godwin Onajite Jagboro. "Factors affecting the performance of private party in concession-based PPP projects in Nigeria." Journal of Engineering, Design and Technology 15, no. 1 (February 6, 2017): 44–57. http://dx.doi.org/10.1108/jedt-09-2015-0058.
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Purpose Notwithstanding the remarkable market potential of the Nigerian economy for private investment, the current sociopolitical characteristics had necessitated a careful assessment to inform decisions in long-term investments. The purpose of this paper is therefore to evaluate the success factors that have a specific influence on private party’s performance in concession contracts in Nigeria. Design/methodology/approach Respondents involved in the study were participants in concession-based contracts in Southwestern Nigeria that included architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers. These were selected using random and respondent-driven sampling (RDS) approaches. The research instrument adopted was a questionnaire that enlisted questions which were structured to ensure that the respondents have appropriate experience in concession-based projects and hold appropriate positions as decision-makers so as to give credence to collected data. The highest significant factors were identified through the relative significance index (RSI). By exploring factor analysis, the factors were condensed for discussion under appropriate component headings. The value of Kaiser–Meyer–Olkin (KMO, 0.755) measure of sampling adequacy tests carried out showed that the data collected were adequate for the factor analysis, and the Bartlett’s test of sphericity (χ2 = 1,799.339; df = 630; p < 0.001) was highly significant. Findings Factors influencing private party performance clustered under eight components, namely, technical, market maturity, political, legal, finance, procurement, incentive and regulation. However, component items including level of understanding of public–private alliance transactions, stability of exchange rate and provisions for reversion of policies were found to be highly significant. On the other hand, status of domestication and implementation of international laws/codes, predictability in legal regime and enforcement and extent of jurisdictional definition of land usage were least significant. Originality/value Findings would guide private investors in the preparation of robust investment packages that reduce risks and seemingly unavoidable opportunistic tendencies associated with public–private partnership projects in developing economies.
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von Tigerstrom, B. "The legal status of engineered tissue and its implications." Cytotherapy 16, no. 4 (April 2014): S51. http://dx.doi.org/10.1016/j.jcyt.2014.01.184.
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Kurek, Przemysław, Łukasz Piechnik, Blanka Wiatrowska, Agnieszka Ważna, Krzysztof Nowakowski, Xosé Pardavila, Jan Cichocki, and Barbara Seget. "Badger Meles meles as Ecosystem Engineer and Its Legal Status in Europe." Animals 12, no. 7 (March 31, 2022): 898. http://dx.doi.org/10.3390/ani12070898.
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The European badger plays an important role as a natural factor shaping species diversity in forests. Its extensive setts can be used by many other animals as shelters. Soil perturbations in their setts support plant communities that differ from the matrix landscape. The badger is also an effective seed disperser. We investigated its role as an ecosystem engineer in preserving species diversity and discussed its legal status across Europe. In most European countries (69.3% of the continent), the badger is hunted, sometimes year-round. The hunting season lasting through winter until early spring may have a negative effect on badger populations, especially when cubs are born in February. Although this species is Red Listed in 19 European countries (with categories ranging from LC to EN), the badger is strictly protected by law in 30.7% of its European range. A reduction in badger populations may limit its ecosystem services (seed dispersal, topsoil disturbances, microhabitat creation). Much new data on the importance of badgers in ecosystem engineering has allowed us to reconsider how we manage badger populations.
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Sosnowski, Paweł. "Legal Nature of the Urban Planning Profession." Central European Review of Economics & Finance 29, no. 1 (February 28, 2019): 23–33. http://dx.doi.org/10.24136/ceref.2019.002.
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When regulating the urban planning profession in 2000, the legislator established a professional association and deemed that it had the status of a profession of public trust. This state of affairs lasted for fourteen years, when the so-called Deregulation Act of 9 May 2014 on Facilitating Access to Certain Regulated Professions (Journal of Laws, item 768, hereinafter referred to as: Deregulation Act.) abolished the professional association of urban planners and provided that the urban planning profession lost its status of a profession of public trust. The above Act was appealed to the Constitutional Tribunal, which was to examine its compliance with the Constitution of the Republic of Poland. In its judgment of 24 March 2015 (Case file no. K 19/14, Journal of Laws of 2015, item 476.), the Constitutional Tribunal ruled that the norms of the above Act did not violate the Constitution; however, it did not address the legal nature of the urban planning profession at all. The aim of this article is to show, on the basis of the above-mentioned judgment of the Constitutional Tribunal, characteristic features of the urban planning profession, compare it with the professions of architect and civil engineer, and determine whether, owing to its characteristics, it is a profession of public trust or not. According to the author, the urban planning profession has the status of a profession of public trust, which should be of key importance for the Constitutional Tribunal’s assessment of the constitutionality of legal norms contained in the aforementioned Act.
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Möllers, Christoph. "It's about legal practice, stupid." German Law Journal 7, no. 12 (December 1, 2006): 1011–14. http://dx.doi.org/10.1017/s2071832200005265.
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With his book “The Gentle Civilizer of Nations”, the Finnish expert on international law Martti Koskenniemi, became the most widely read author in his field overnight. In the “Gentle Civilizer”, Koskenniemi presented a new history of international law between 1870 and 1960. The tremendous success of this book rested less on an amazing number of revealing observations, but rather on its new take on the history of this discipline. In Koskenniemi's interpretation, the scientific project of international law did not start off as an endeavour that was centred on the sovereignty of nation-states. Instead, the international lawyers of that era saw their subject in the light of the idealist political project of internationalism. When they were forced to give up their high hopes in the course of the 20th century — this is where the twist of the book lies — they not only abandoned their dreams, but also their craft as lawyers. They became mere engineers of international relations, pragmatists, and apologists of governmental power. In order to retrieve the craft of international law, Koskenniemi concludes, the discipline needs to handle legal forms in a politically reflective manner. Koskenniemi has labelled this squaring of the circle, in a much-cited expression, as the “Culture of Formalism.”
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Aripin, Musa. "Problematika Nafkah Mantan Isteri Pasca Perceraian." Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial 4, no. 2 (December 30, 2018): 171–84. http://dx.doi.org/10.24952/el-qanuniy.v4i2.2386.
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Marriage is a sacred thing, that is not just getting legal status, but also various consequences as a result of the engagement ('aqad) to be woven. In a legal marriage, it is mandatory for the husband to provide a living for his wife and submit accordingly. But the reality that occurs in the community, not infrequently husband and wife relations lead to divorce, which then raises new problems, namely the granting of rights in the form of livelihood. The provision of this income is related to the time limit for living, the deadline is the difference between Asghar Ali Engineer and the opinion of the majority of scholars
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Reese, Moritz. "Transformation to Healthy Water Ecology—Institutional Requirements, Deficits and Options in European and German Perspective." Sustainability 13, no. 6 (March 18, 2021): 3368. http://dx.doi.org/10.3390/su13063368.
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The EU Water Framework Directive (WFD) obliges EU Member States to achieve good ecological status in all surface waters by 2027 at the latest. In many regions, this implies fundamental transformation from engineered water landscapes back to near-natural structures. By example of the German State of Lower Saxony it is shown how this transformation of water landscapes essentially requires a transformation of the institutional foundations of water management, too. It is argued from a legal perspective that certain general, justiciable minimum requirements are to be deduced from the WFD as to (1) planning and enforcement of restoration measures, (2) land acquisition, (3) organisation and (4) finance which delimit the ample margins Member States enjoy in designing the institutional substructure. With regard to Lower Saxony, it is explained why this State is clearly failing to meet the minimum requirements and how it needs to transform its institutional arrangements to make them fit for purpose. The article concludes that WFD enforcement should pay more attention to the institutional underpinning and it submits that examples and benchmarks should be further explored by comparative research.
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Woods, Joshua, and Agnieszka Marciniak. "The Effects of Perceived Threat, Political Orientation, and Framing on Public Reactions to Punitive Immigration Law Enforcement Practices." Sociology of Race and Ethnicity 3, no. 2 (July 28, 2016): 202–17. http://dx.doi.org/10.1177/2332649216660117.
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This study explores variation in people’s reactions to a punitive immigration law enforcement practice. Using a vignette-styled framing-effects experiment, we examined whether reactions to the practice depend, in part, on who receives its consequences. More than 500 undergraduates from a large Mid-Atlantic university read a brief vignette about an immigrant motorist who is stopped by a police officer for a broken taillight violation and then detained for failing to document his legal immigration status. We manipulated three characteristics of the motorist in the vignette, including his nationality (Mexico/Canada), occupation (factory worker/software engineer), and documentation status (documented/undocumented). When we framed the motorist as an unauthorized immigrant, the subjects were more likely to condone the officer’s intrusive actions. We also found that the subjects’ political orientation and immigrant threat perceptions were powerful predictors of their normative reactions to the vignette.
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Kraus, Edgar, and Cesar Quiroga. "Legislative Issues Related to Automated Enforcement of Red-Light Running." Transportation Research Record: Journal of the Transportation Research Board 1830, no. 1 (January 2003): 48–55. http://dx.doi.org/10.3141/1830-07.
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Red-light running is one of the leading causes of crashes in urban areas in the United States. A number of strategies are available to address this problem, including engineering countermeasures, educational campaigns, and improved law enforcement. Law enforcement agencies are increasingly relying on automated systems using photographic devices to enforce red-light-running laws. While automated enforcement systems appear to have wide public support, there is considerable confusion among drivers, engineers, planners, and decision makers as to the legality and constitutionality of those systems. The debate is particularly acute when it comes to issues such as privacy, use of information, and constitutional rights. These issues are analyzed and legal strategies are compared in states that have passed or attempted to pass legislation to regulate automated enforcement. The analysis highlights differences among states depending on their statutory laws and whether red-light violations are treated as civil or criminal offenses. The analysis reveals major differences in the way states legislate program details, which, in turn, affect program implementation. Also included is a review of current European red-light-running legislation, where automated enforcement systems have a longer history than in the United States.
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Beljaars, Ben, and René Winter. "The University Library: A Driving Force for Reform in Legal Education?†." International Journal of Legal Information 40, no. 1-2 (2012): 1–21. http://dx.doi.org/10.1017/s0731126500006375.
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AbstractInformation skills training offers opportunities for gradually embedding changes in legal education programs and to bring about the integration of legal knowledge, skills and experience. If shared goals are formulated in a spirit of close collaboration, curricular changes and revisions will potentially have a greater effect and be more likely to enhance long-term programs. The university library can serve as an ideal base for the use of information technology such as web portals and content integrated search engines, which in turn will help refocus attention on the use of library facilities. The harmonization and maintenance of this apparatus, however, requires both a new form of cooperation and a re-interpretation of the legal education curriculum. This article compares several library developments which could prove important for legal education from a Dutch perspective, and also examines library education in the law schools of the United States of America.
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YUNG, Lawrence. "家庭與社會公義." International Journal of Chinese & Comparative Philosophy of Medicine 16, no. 2 (January 1, 2018): 45–48. http://dx.doi.org/10.24112/ijccpm.161647.
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LANGUAGE NOTE | Document text in Chinese; abstract in English only.Mark Cherry’s article identifies claims regarding individual autonomy, gender neutrality, and rights to sexual freedom as taking a commanding place within the secular liberal recasting of the family to grant same-sex marriage the same legal status as heterosexual marriage. Cherry refers to Plato’s proposal of abolishing family in Republic (Book V) as a precursor to reforming the family to engineer currently favored versions of social justice. This paper adds to the discussion on family and social justice with an explication of this proposal of abolishing family and a comparison with the Confucian ideal of Great Unity.DOWNLOAD HISTORY | This article has been downloaded 122 times in Digital Commons before migrating into this platform.
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Granieri, Massimiliano. "Sowing and Cultivating the Seed of Diversity in Agri-Food: Intellectual Property Protection in Transnational and Comparative Perspective." GRUR International 70, no. 8 (June 7, 2021): 744–53. http://dx.doi.org/10.1093/grurint/ikab038.
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Abstract This article combines intellectual property and comparative law insights to propose an evolutionary analysis of protection for seeds in the contemporary legal order. From a regime of commons for seeds, to plant variety protection, to patents for genetically engineered plants, exclusive rights have been progressively introduced for innovators in the field of agriculture to provide incentives in a world of growing need for food and raw materials. Such evolution has caused reduced common practices in agriculture that implied the freedom to save and exchange seeds. Among other values, a potential loss of biodiversity is the consequence. Likewise, legal systems tend to converge towards certain models of protection for innovators, although regulatory competition can exert significant pressure on states to preserve alternative models and offer solutions that balance all the values at stake.**
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Marinescu, Marin, Radu Vilau, Marian Truta, and Octavian Fieraru. "A Method to Obtain a Generalized Model of the Pressure Evolution within the Braking System of a Vehicle." Advanced Materials Research 837 (November 2013): 434–39. http://dx.doi.org/10.4028/www.scientific.net/amr.837.434.
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Military vehicles have to travel, at least from time to time, on the national road network. Whenever that happens, the legal requirements have to be met with respect to the systems that contribute to the traffic safety. One of these systems is the braking system. On the other hand, most of the military vehicles arent that up-to-date that the rest of the traffic partners are. Therefore, a military automotive engineer should have at hand a fast method to diagnose the technical status of the braking system even the checked vehicle is rather old. It would be also even better if the faulty party were accurately identified. The paper aims at providing a method helps the diagnosing teams to quickly compare the behaviour of an actual vehicle braking system status with a general model that had been acquired by tests. Since nobody provided that kind of information during 70s, our model derived from a large number of tests that have been performed on good technical condition vehicles. Key words: vehicle braking system, parametric models, data-based models.
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Zubkov, V. V., and R. I. Yagudina. "ANALYSIS OF LEGAL ACTS REGULATINGHOSPITAL PHARMACY IN RUSSIA." Modern organization of drug supply 9, no. 2 (June 15, 2022): 5–24. http://dx.doi.org/10.30809/solo.2.2022.1.
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To Develop classification of legal acts regulating the activities of hospital pharmacies and identify significant problems in them for drug provision enhancement in health facilities. Methods The main regulatory framework governing the hospital pharmacies activities was carried out using the computer help system "Con- sultant Plus" and Internet search engines Google and Yandex. The first group (group No. 1) includes terms that affect the actual subject of the study – hospital pharmacy and synonyms. The second group of words used (group No. 2) is common terms of hospital pharmacy activities and drug supply in the health facilities. Results We developed classification of regulatory legal acts that regulate the work of hospital pharmacies by the method of regulation (regulating directly and indirectly) and by content (regulating general aspects and applied aspects of drug provision in the health facility. Regulations governing general aspects, the definition of the hospital pharmacy as a pharmacy organization, the classifi- cation of pharmacy organizations, the status of a hospital pharmacy, the list of goods provided by a hospital pharmacy, as well as pharmaceutical works performed. Legal acts regulating applied aspects include groups of documents regulating the main process- es (drug supply) and regulating the supporting processes (personnel policy, provision of material and technical resources). Conclusion We identified non-regulated stages of drug supply specific for health facilities. In connection with the abolition of Soviet period legal acts important issues, personal and material and technical resources, were excluded from the legal framework, which was not compensated by the emergence of relevant legal acts. To date, a systematic approach has not been developed in the legal regula- tion of the hospital pharmacy, there is no continuity of legal acts and uniformity of terminology.
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Khan, Muhammad, and Sidra Khan. "Demographic Changes in Kashmir: A Perspective of International Law." Global Legal Studies Review IV, no. I (December 30, 2019): 7–16. http://dx.doi.org/10.31703/glsr.2019(iv-i).02.
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International disputes are always dealt with under the provisions of international law. Kashmir is an international issue, which needs to be resolved under the ambit of international law. The Fourth Geneva Convention-1949 provides a strong basis for addressing the legal basis of the Jammu and Kashmir dispute. As an international dispute, Kashmiri warrants the application of international law for its logical resolution. Unfortunately, notwithstanding UNSC resolutions, India unilaterally and illegally changed the status of occupied Jammu and Kashmir from a state to the union territories through Jammu and Kashmir Reorganization Act-2019. Later through a number of amendments, Adaptation of State Laws in April 2020, India brought changes in dozens of local state laws, meant to bring changes in the existing demography of the state. This research focuses on the changes India has engineered in the new domicile laws of Indian Illegally Occupied Jammu and Kashmir (IIOJK) to change the demography of the state. The paper also focuses on the legal position of these changes in IIOJK from the perspective of International Law and the Fourth Geneva Convention.
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Abrego, Leisy, Mat Coleman, Daniel E. Martínez, Cecilia Menjívar, and Jeremy Slack. "Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era." Journal on Migration and Human Security 5, no. 3 (September 2017): 694–715. http://dx.doi.org/10.1177/233150241700500308.
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During a post-election TV interview that aired mid-November 2016, then President-Elect Donald Trump claimed that there are millions of so-called “criminal aliens” living in the United States: “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers, we have a lot of these people, probably two million, it could be even three million, we are getting them out of our country or we are going to incarcerate.” This claim is a blatant misrepresentation of the facts. A recent report by the Migration Policy Institute suggests that just over 800,000 (or 7 percent) of the 11 million undocumented individuals in the United States have criminal records.1 Of this population, 300,000 individuals are felony offenders and 390,000 are serious misdemeanor offenders — tallies which exclude more than 93 percent of the resident undocumented population (Rosenblum 2015, 22–24). Moreover, the Congressional Research Service found that 140,000 undocumented migrants — or slightly more than 1 percent of the undocumented population — are currently serving time in prison in the United States (Kandel 2016). The facts, therefore, are closer to what Doris Meissner, former Immigration and Naturalization Service (INS) Commissioner, argues: that the number of “criminal aliens” arrested as a percentage of all fugitive immigration cases is “modest” (Meissner et al. 2013, 102–03). The facts notwithstanding, President Trump's fictional tally is important to consider because it conveys an intent to produce at least this many people who — through discourse and policy — can be criminalized and incarcerated or deported as “criminal aliens.” In this article, we critically review the literature on immigrant criminalization and trace the specific laws that first linked and then solidified the association between undocumented immigrants and criminality. To move beyond a legal, abstract context, we also draw on our quantitative and qualitative research to underscore ways immigrants experience criminalization in their family, school, and work lives. The first half of our analysis is focused on immigrant criminalization from the late 1980s through the Obama administration, with an emphasis on immigration enforcement practices first engineered in the 1990s. Most significant, we argue, are the 1996 Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA) and the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA). The second section of our analysis explores the social impacts of immigrant criminalization, as people's experiences bring the consequences of immigrant criminalization most clearly into focus. We approach our analysis of the production of criminality of immigrants through the lens of legal violence (Menjívar and Abrego 2012), a concept designed to understand the immediate and long-term harmful effects that the immigration regime makes possible. Instead of narrowly focusing only on the physical injury of intentional acts to cause harm, this concept broadens the lens to include less visible sources of violence that reside in institutions and structures and without identifiable perpetrators or incidents to be tabulated. This violence comes from structures, laws, institutions, and practices that, similar to acts of physical violence, leave indelible marks on individuals and produce social suffering. In examining the effects of today's ramped up immigration enforcement, we turn to this concept to capture the violence that this regime produces in the lives of immigrants. Immigrant criminalization has underpinned US immigration policy over the last several decades. The year 1996, in particular, was a signal year in the process of criminalizing immigrants. Having 20 years to trace the connections, it becomes evident that the policies of 1996 used the term “criminal alien” as a strategic sleight of hand. These laws established the concept of “criminal alienhood” that has slowly but purposefully redefined what it means to be unauthorized in the United States such that criminality and unauthorized status are too often considered synonymous (Ewing, Martínez, and Rumbaut 2015). Policies that followed in the 2000s, moreover, cast an increasingly wider net which continually re-determined who could be classified as a “criminal alien,” such that the term is now a mostly incoherent grab bag. Simultaneously and in contrast, the practices that produce “criminal aliens” are coherent insofar as they condition immigrant life in the United States in now predictable ways. This solidity allows us to turn in our conclusion to some thoughts about the likely future of US immigration policy and practice under President Trump.
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Petrova, Margarita H. "Naming and Praising in Humanitarian Norm Development." World Politics 71, no. 3 (June 6, 2019): 586–630. http://dx.doi.org/10.1017/s004388711800031x.
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AbstractTo examine the early development of humanitarian norm cascades, the author focuses on the processes that led to the adoption of the 1997 Mine Ban Treaty and the 2008 Convention on Cluster Munitions. Even though major military powers like the United States, Russia, and China opposed these initiatives, the latter set in motion quick norm cascades that brought about international legal norms stigmatizing land mines and cluster munitions. It is conventionally asserted that international norms emerge either due to great power backing or despite great power opposition, but the author argues that new norms can also take off because of great power opposition. Whenngos and leading states actively foster normative change, a particular type of norm cascade is engineered—one generated by different mechanisms and starting earlier than postulated in the literature. Early norm cascading is driven not by emulation of peers andngonaming and shaming of laggard states, but rather by leadership aspirations and naming and praising.
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De Alencar Jr Alencar Jr, Francisco Nelson. "Some Challenges on the Brazilian Right to be Forgotten in the Digital Era." Journal of Advance Research in Applied Science (ISSN: 2208-2352) 2, no. 1 (January 31, 2015): 01–08. http://dx.doi.org/10.53555/nnas.v2i1.690.
Full textAbstract:
This paper is about the right to be forgotten in the digital age. It aims to present some observations on the right to be forgotten in the digital era, in other words, a right of a person to delist an URL – Uniform Resource Locator - which causes him/her prejudice from the index of search engines, for instance, Google. We believe that the right to privacy has a new calling in the digital era, and, here, especially before search engines. In this way, the right to be forgotten in the digital era can represent an expansion of the protection of the right to privacy. As we will discuss, we believe that observations and the experience of the United States, for example, through the protection of the freedom of expression, and the combat of bad speech with more speech can help the Brazilian legal system to consider a practical way of protection of the privacy sphere on the internet
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De Alencar Jr, Francisco Nelson, and Luciana Helena Gonçalve. "Some Challenges on the Brazilian Right to be Forgotten in the Digital Era." Journal of Advance Research in Applied Science (ISSN: 2208-2352) 4, no. 1 (January 31, 2017): 01–08. http://dx.doi.org/10.53555/nnas.v4i1.642.
Full textAbstract:
This paper is about the right to be forgotten in the digital age. It aims to present some observations on the right to be forgotten in the digital era, in other words, a right of a person to delist an URL – Uniform Resource Locator - which causes him/her prejudice from the index of search engines, for instance, Google. We believe that the right to privacy has a new calling in the digital era, and, here, especially before search engines. In this way, the right to be forgotten in the digital era can represent an expansion of the protection of the right to privacy. As we will discuss, we believe that observations and the experience of the United States, for example, through the protection of the freedom of expression, and the combat of bad speech with more speech can help the Brazilian legal system to consider a practical way of protection of the privacy sphere on the internet.
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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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MANOLACHI, Cristian. "REFERENCES RELATED TO THE DEFINITION OF THE STATUTE OF AERONAUTICAL STAFF IN THE PIONEERING PERIOD OF THE ROMANIAN MILITARY AERONAUTICS." Review of the Air Force Academy 19, no. 1 (September 27, 2021): 53–58. http://dx.doi.org/10.19062/1842-9238.2021.19.1.6.
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The establishment of the Military Aviation 110 years ago, a historical event with reference to the audacious flight made by the engineer Aurel Vlaicu, on the Cotroceni land, with the Vlaicu airplane no. 1 on June the 17th, 1910, the founding of the first Civil Pilot Schools and, later on, of the first Military Flight Training School, specialized aeronautical institutions that will initiate the training of military pilots, represents the starting point that will generate major debates in the leadership and political factors of the Armed Forces, regarding the theoretical and practical methods for the development of this new reality at the beginning of the twentieth century, the selection of the human resource excellently trained and motivated to carry out fearlessly and courageously dangerous activities in the field of air weapons, but also the taking of some measures to regulate the status, the obligations and rights of the aeronautical personnel, aspects that will find their solution by developing innovative legal instruments, adapted to the requirements of the times, which will decisively influence modern developments in the fundamental area of Air Law.
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Guay, Rob, and Kean Birch. "A comparative analysis of data governance: Socio-technical imaginaries of digital personal data in the USA and EU (2008–2016)." Big Data & Society 9, no. 2 (July 2022): 205395172211129. http://dx.doi.org/10.1177/20539517221112925.
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Personal data are produced through our daily interactions with digital technologies like search engines, social media, and online shopping, and is often referred to as our “digital exhaust.” It has been characterized as the key resource or asset for our economies in the 21st century. This paper focuses on the socio-technical imaginaries of digital personal data as a way to understand how desired forms of data governance are co-produced with collective understandings of personal data as a political-economic asset. We examine the different socio-technical imaginaries that underpinned different developments in data regulations in the United States and EU from 2008 to 2016, focusing specifically on the mutual constitution of law, political economy, and technoscience. We do so in order to understand the “prehistories” of contemporary data governance. We analyze the institutional and legal context around the development of data privacy regulation and data commercialization in these two important jurisdictions and reflect on how this institutional and legal context configured their respective approaches to data governance.
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Bhattacharjee, Abhishek Rajesh, Shreya Das, and Stuti Aastha. "The Role of IPR in Plant Genetic Engineering." International Journal of Law and Public Policy 2, no. 2 (September 27, 2020): 47–55. http://dx.doi.org/10.36079/lamintang.ijlapp-0202.136.
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The role and status of Patent laws in the protection of plant species which have been genetically modified is currently uncertain in India. Discussions and debates regarding the same are rife and experts have different views regarding the whole aspect concerning economical and ethical considerations. Genetically engineered plants and modified crop plants are of significant economic value. In India, they face critical challenges, for instance, the requirement of dependable public policies and vigorous frameworks for regulatory control. This becomes much more vital since India desires to be an economic superpower primarily based on innovation. It is very important for a person from the legal field, especially those interested in the field of IPR, to have clarity regarding the protection of genetically modified plants. This humble attempt at a research paper seeks to clarify the same and discusses the various aspects on which one should think while concluding their views on the topic.
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Crofts, Penny, and Honni Van Rijswijk. "Negotiating 'Evil': Google, Project Maven and the Corporate Form." Law, Technology and Humans 2, no. 1 (February 27, 2020): 75–90. http://dx.doi.org/10.5204/lthj.v2i1.1313.
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‘Don’t be evil’ was part of Google’s corporate code of conduct since 2000; however, it was quietly removed in April or May 2018 and subsequently replaced with ‘do the right thing’. Questions were raised both internally and externally to the organisation regarding the substantive meaning of this imperative. Some have highlighted the company’s original intentions in creating the code of conduct, while others have used the motto as a basis for critiquing the company—such as for its advertising practices, failure to pay corporate tax or the manipulation of Google-owned content. The imperative’s removal occurred at a time when thousands of Google employees, including senior engineers, signed a letter protesting the company’s involvement in Project Maven, a Pentagon program that uses artificial intelligence to interpret video imagery, which could in turn be used to improve the targeting capability of drone strikes. Employees asserted their refusal to be involved in the business of war and expressed their wariness of the United States government’s use of technology. This article will examine the legal construct and concept of the corporation, and whether it is possible for corporations to not be evil in the twenty-first century.
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Dzukroni, Arisy Abror. "The Polemic of Pig Kidney Xenotransplantation for Human Life Sustainability:." Mazahib 21, no. 1 (July 11, 2022): 63–92. http://dx.doi.org/10.21093/mj.v21i1.4379.
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End-stage renal disease (ESRD) cases continue to increase. However, the increase in cases of ESRD is not matched by the supply of kidneys as a condition for being able to perform a kidney transplant. Although this is not the only way to treat this case, it is only with a kidney transplant that the patient can truly recover. New York University Langone's success in xenotransplantation procedure using a genetically engineered pig kidney has become a new polemic in Islamic law issues. According to Islamic law, a pig has forbidden legal status (haram). This article analyzes the practice of xenotransplantation of pig kidneys in the human body using the concept of “Halal-haram” by Yusuf al-Qaradawi and “Maslahah” by Harun Sencal & Mehmet Asutay. This study is a qualitative method using a library research approach. This study found that it is permissible to do prohibited things during an emergency (daruriyat). In addition, in the realm of maslahah, hajiyat cannot beat daruriyat. Finally, summing up from these two Islamic scholars’ thoughts indicates that pig kidney xenotransplantation is prohibited as long as other alternatives to treat ERSD patients are available. Some options might be taken, such as hemodialysis and blood filtration (CAPD); therefore, it cannot be considered an emergency.
Keywords: Pig kidney xenotransplantation, Islamic legal thoughts, halal-haram concept, principle of mashlahah
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Aldangorovich, Sarsembayev, Sarsembayev Maratovich, Kussainova Kudaibergenovna, and Nazarkulova Talgatovna. "Compliance of national legal quality level, transport and transportation services safety with world standards in perspective." Journal of Applied Engineering Science 18, no. 4 (2020): 571–77. http://dx.doi.org/10.5937/jaes0-27212.
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In this article, the authors analyze the correspondence of international transport law and national (Kazakhstan) law on issues of ensuring the quality and safety of all types of transport and their transportation services. The article suggests the titles of a number of new international conventions and agreement son the need to implement the principles of quality, reliability, and safety of manufactured vehicles, as well a son the necessity to comply with transport safety rules during its operation, which must be developed and adopted in the future. Kazakhstan scientists, vehicle manufacturers must invent and produce original and at the same time reliable, efficient vehicles. Drivers of Kazakhstan's vehicles, as well as drivers in all other countries, are required to follow traffic regulations related not to only modern cars, but also be able to drive future digitalized unmanned vehicles, all those types of transport that will run on solar and other energy of the future. In this regard, the authors proposed the titles of a number of domestic laws on the feasibility of creating new vehicles with high-quality, environmentally friendly engines, artificial intelligence-based steering, and a reliable chassis, which will be adopted in the legal field of Kazakhstan and other states. According to the authors of the article, such approaches will allow the quality and safety of transport and transportation in Kazakhstan to comply with international standards.
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Klebanov, Lev R., and Svetlana V. Polubinskaya. "COMPUTER TECHNOLOGIES FOR COMMITTING SABOTAGE AND TERRORISM." RUDN Journal of Law 24, no. 3 (December 15, 2020): 717–34. http://dx.doi.org/10.22363/2313-2337-2020-24-3-717-734.
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The article discusses the problems that arise in connection with the crimes against state and public security committed by use of computer and network technologies. This topic is becoming relevant because some states have already experienced the effects of combat computer viruses, which can be regarded as waging war using cyber weapons. The most famous example is the attack by the Stuxnet computer virus on an Iranian uranium enrichment plant. The virus was created specifically to disable industrial control systems. The use of unmanned ground and air vehicles to carry out terrorist acts is of particular danger. The Russian military in Syria is constantly confronted with terrorist attacks: the Khmeimim aerospace forces base is regularly attacked with unmanned air vehicles - drones. Terrorist acts with the use of computer and network technologies are no less dangerous. The destructive potential of cyberterrorism is determined by the widespread computerization of state and public life, the implementation of projects to create smart cities, including smart transportation, as well as the intensive development of the Internet of things. The purpose of the article is to analyze new criminal threats to state and public security, as well as to study high-tech ways of committing crimes such as sabotage, terrorist acts, and other crimes of a terrorist nature. The cost of their consequences for society is very high, and criminals do not always need to attack social objects directly - it is enough to spread panic among the population using online media, social networks and websites of authorities of various levels, after obtaining illegal access to them. The article describes some of the techniques already used to commit crimes of sabotage and terrorism. The authors draw attention to the priority of cybersecurity both for engineers of devices with elements of artificial intelligence, and for lawmakers who should pay attention to methods of technical forecasting when developing legal norms aimed at prevention of new ways of committing such crimes. When writing the article, the authors used a wide range of Russian and foreign sources of legal, statistical, sociological and other information. The authors used such research methods as analysis, synthesis, deduction, induction, formal legal method as well as comparative legal method.
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Famela, Ajeng, and Efridani Lubis. "THE EFFECTIVENESS ARRANGEMENTS OF THE GENETIC ENGINEERING USE ON CORN FOOD PRODUCTS EVENT MON 87427." DE'RECHTSSTAAT 4, no. 2 (January 10, 2019): 155. http://dx.doi.org/10.30997/jhd.v4i2.1531.
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The development of science and technology has triggered the use of genetic engineering in food, one of them is in the corn event MON 87427 which is tolerant to glyphosate herbicide. However, it makes ambivalence because on one side the use of genetic engineering offers many advantages but on the other hand the genetic engineering potentially keeping concerns about its safety for human health as well as the environment. The aim of this study is to protect consumers from insecurities of genetically modified food products. The method used in this research is Juridical Normative, data collection techniques used is by through literature research methods, interviews and comparative approaches.Based on the results of the research, the measurement of the safety level of genetically engineered products (PRG) includes the assessment of genetic information, substantial equivalence, allergenicity and toxicity. The regulation on the use of genetic engineering in PRG does not accommodate the halal status of the product in terms of the MUI fatwa that the results of corn PRG event MON 87427 are not halal, so that the lack of effective regulation has an impact on the protection of Muslim consumers in particular. Preventive legal protection focuses on the assessment of food and labeling which in reality there is no product labeled by the PRG, so legal repressive protection is accommodated by Article 79 of Law Number 18 of 2012 concerning Food that will be given administrative sanctions.
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Norred, Warren. "Removing Mud in the Clean Water Act: The Ninth Amendment as a Limiting Factor in Chevron Analysis." Texas Wesleyan Law Review 14, no. 1 (October 2007): 51–92. http://dx.doi.org/10.37419/twlr.v14.i1.3.
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This Comment discusses the consolidated case Rapanos v. United States and the challenged scope of the Clean Water Act as an example ok where the Ninth Amendment should serve as a counter-balance to Chevron deference when agencies act against individual liberties without specific enabling statutory authority. The Comment examines historical evidence revealed and discussed in recent scholarship to establish the various legal views concerning the Ninth Amendment and the protection it was intended to provide. While some commentators see an expansive "natural law" Ninth Amendment, others see a mere rule of construction that cannot be used to reject a law as unconstitutional. However, this Comment finds common ground within all of the accepted legal views that give the Ninth Amendment any substance, even when these views collide in many other respects. This Comment asserts that any effective reading of the Ninth Amendment should find it protects individuals against expansive interpretations by federal agencies of vague statutes. As an example, this Comment asserts that the Supreme Court should employ Ninth Amendment reasoning to restrict the jurisdiction of the Army Corps of Engineers in Rapanos to include only those lands directly connected to navigable waters. This Comment makes no broad claims of Ninth Amendment protection for every activity not mentioned in the Constitution, nor does it make any attempt to establish what the outer contours of the Ninth Amendment should encompass. This theory threatens no floodgate of newly discovered rights, nor does this theory invalidate any federal law. However, it would remove some of Judge Bork's perceived inkblot from the Ninth Amendment and thereby restore some substance to the Ninth Amendment that the Court has given to the rest of the Bill of Rights.
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BIELACZYC, Piotr, and Joseph WOODBURN. "Trends in automotive emissions legislation: impact on LD engine development, fuels, lubricants, and test methods – a global view, with a focus on WLTP and RDE regulations – Summary of the 6th International Exhaust Emissions Symposium (IEES)." Combustion Engines 174, no. 3 (August 1, 2018): 56–65. http://dx.doi.org/10.19206/ce-2018-306.
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Among the drivers influencing vehicular powertrain development, the field of vehicular exhaust emissions is experiencing wide-ranging and rapid changes. New emissions regulations such as Euro 6d and new test methods (RDE and WLTP) are the main challenges for the automotive industry caused by political, socioeconomic and technical factors. Air quality is very high on the political agenda and pressure remains to limit and reduce greenhouse gas emissions from the road transport sector. In addition to limits becoming increasingly stringent, the list of parameters subject to legal limits are slowly expanding – and, most importantly, these limits must be met under a wide range of conditions. A range of strategies are available to overcome these difficulties, which was explored during the 6th International Exhaust Emissions Symposium (IEES) hosted at BOSMAL in June 2018. This paper reports and summarises the topics of the 6th IEES and attempts a synthesis on the current status of the field of IC engines, hybrid powertrains and electric vehicles and what the coming years may hold for the automotive and fuel industries and other allied fields.
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Sinapoy, Muh Sabaruddin. "PRESIDENT PERMISSION TO THE INVESTIGATION OF STATE OFFICERS ON MALADMINISTRATION ACTION." Yuridika 31, no. 3 (August 24, 2017): 420. http://dx.doi.org/10.20473/ydk.v31i3.4841.
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The purpose of writing this journal is to find out that permits is a juridical instrument used by the government to influence the people to want to follow the recommended way to achieve a concrete goal. Permission serves as the spearhead of the legal instrument as advisors, engineers and designers. Permits can be used as a control instrument and an instrument to realize good governance, structuring and regulation of these permits are supposed to be done as the realization of governernment function related to the inspection of state official by law enforcement official. The research methods utilized is a normative method which involved the method of regulatory analysis and conceptual analysis. This research confirms that presidential permit for the examination and summon of public official are indeed needed and necessary, which can be formulated through special law and regulations on the procedures of examination permit, which are to be synchronized with other related laws and regulations. President Permission, when viewed from the standpoint of administrative law has meaning as preventive instrument used for protect President that the governance and functioning of public service at the central and local government. This research recommends for a formation of special court which can take place through a forum privilegiatum, under the Supreme Court to allow for recognition of the state official´ positions, statuse,s and dignities.
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Benson, Reed. "Can a State’s Water Rights Be Dammed? Environmental Flows And Federal Dams In The Supreme Court." Michigan Journal of Environmental & Administrative Law, no. 8.2 (2019): 371. http://dx.doi.org/10.36640/mjeal.8.2.can.
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Interstate rivers are subject to the doctrine of equitable apportionment, whereby the Supreme Court seeks to ensure that all states that share such rivers get a fair portion of their benefits. The Court has rarely issued an equitable apportionment decree, however, and there is little law on whether the doctrine protects river flows for environmental purposes. The ongoing Florida v. Georgia litigation in the Supreme Court raises this issue, as Florida seeks to limit consumptive uses by upstream Georgia to preserve flows in the Apalachicola River, which provide both economic and environmental benefits. This Article summarizes both the equitable apportionment doctrine and the concept of environmental flows and then considers prior Supreme Court cases dealing with environmental issues on interstate rivers. It then examines Florida v. Georgia, including the Court’s 2018 decision where it narrowly allowed the litigation to continue. A key issue in that decision was the role of the Army Corps of Engineers, which operates several federal dams in the river basin at issue in the case. This Article examines the views of the Court on the role of the Corps and its dam operations and contends that the Court focused too narrowly on the agency’s existing plan while overlooking the broader legal and policy context. It concludes with some brief thoughts on the future of the Florida v. Georgia litigation and environmental flows.
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Boru, Zeleke T. "The test data provision of USMCA: A potential to promote or negate the timely access to genetically engineered biologics?" Journal of Generic Medicines: The Business Journal for the Generic Medicines Sector 16, no. 1 (November 25, 2019): 5–18. http://dx.doi.org/10.1177/1741134319886627.
Full textAbstract:
With the adoption of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (henceforth, TRIPS), the WTO members agreed to provide a minimum level of Intellectual Property (IP) protections to a broad range of subjects, including “undisclosed test or other data.” However, following the entry into force of TRIPS, some WTO members (particularly, developed countries) have concluded Free Trade Agreements (FTAs) that consist of TRIPS-plus provisions, which go beyond the minimum standard established under TRIPS. One of the agreements that represent such a trajectory is the newly renegotiated agreement between the U.S, Mexico and Canada. The agreement has been negotiated, among other issues, to replace the North American Free Trade Agreement (NAFTA). This trilateral agreement also changed the name NAFTA to the United States-Mexico-Canada (USMCA) Agreement or NAFTA 2.0. The new agreement contains rules that govern undisclosed test or other data (hereafter, test data), which biopharmaceutical companies submit to Health Regulatory Authorities for the purpose of obtaining the right to market biological medicines (hereafter, biologics). Drawing upon the aforementioned background, this article examines if and how USMCA’s test data rule contravenes the obligations of the USMCA Parties to fulfill, protect and respect the right to biologics, as contained under the International Covenant on Economic, Social and Cultural Rights (hereafter, ICESCR) and other international human rights instruments that cover the right to health. The first section provides an overview of USMCA, the second section addresses the nature of legal protection given to test data under the TRIPS Agreement, the third section is devoted to examining the nature of obligation as contained under USMCA’s rule on test data, the fourth discusses the legal basis of the right to biologics, while the fifth section assesses if and how the rule on test data impedes the USMCA Parties from realizing the right to biologics. The last section provides a conclusion.
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Yakimova, Ekaterina. "The Establishment of a Concept of Equilibrium of the Economic Basis of the Constitutional Order as a Universal Axiological Metaprinciple." Journal of Economic History and History of Economics 21, no. 2 (June 23, 2020): 304–21. http://dx.doi.org/10.17150/2308-2488.2020.21(2).304-321.
Full textAbstract:
Defining the foundation of social development is one of the most important issues of all time. For economic relations the issue is addressed through the prism of defining the role of the state in the establishment and development of the economic system of society. Without attempting to reveal the essence and all the engines of the economic system of a society, and without pretending to be true only of the authors conception, we note that, in all the diversity of economic relations, they all have causality, as do all relationships. In this connection, the movement towards the attainment of values (axiological) is an important component of social development, one of which is the achievement of a dynamic balance between the social system in general and the economic system in particular. The desire to achieve a dynamic balance also manifests itself in the fact that it is embodied in different levels of law, becoming a legal value, which is particularly evident during the period of constitutional development of the state. The history of the formation and implementation of the concept of dynamic equilibrium as a universal metaprinciple through legal acts reflects the evolutionary movement of both States and societies, becoming the constitutional denominator, which any state can invoke at any stage of historical development, which is the case in the present study.
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Yakimova, Ekaterina. "The Establishment of a Concept of Equilibrium of the Economic Basis of the Constitutional Order as a Universal Axiological Metaprinciple." Journal of Economic History and History of Economics 21, no. 2 (June 23, 2020): 304–21. http://dx.doi.org/10.17150/2308-2488.2020.21(2).304-321.
Full textAbstract:
Defining the foundation of social development is one of the most important issues of all time. For economic relations the issue is addressed through the prism of defining the role of the state in the establishment and development of the economic system of society. Without attempting to reveal the essence and all the engines of the economic system of a society, and without pretending to be true only of the authors conception, we note that, in all the diversity of economic relations, they all have causality, as do all relationships. In this connection, the movement towards the attainment of values (axiological) is an important component of social development, one of which is the achievement of a dynamic balance between the social system in general and the economic system in particular. The desire to achieve a dynamic balance also manifests itself in the fact that it is embodied in different levels of law, becoming a legal value, which is particularly evident during the period of constitutional development of the state. The history of the formation and implementation of the concept of dynamic equilibrium as a universal metaprinciple through legal acts reflects the evolutionary movement of both States and societies, becoming the constitutional denominator, which any state can invoke at any stage of historical development, which is the case in the present study.
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Honnebier, B. Patrick. "The Convention of Cape Town on International Interests in Mobile Equipment: The Solution of Specific European Property Law Problems." European Review of Private Law 10, Issue 3 (June 1, 2002): 377–95. http://dx.doi.org/10.54648/5091680.
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In November 2001 the Convention on Interests in Mobile Equipment (CIME) and the Aircraft Equipment Protocol (AEP) have been concluded. The CIME is a framework convention incorporating general provisions. The regime relates only to certain categories of mobile equipment, which are defined in separate protocols. The AEP is the first protocol that has been introduced. It relates exclusively to aircraft, aircraft engines and helicopters. The Railway Rolling Stock Protocol and Space Assets Protocol are to follow in due course. Furthermore, protocols for oilrigs, containers and trucks may follow. The CIME/AEP is an ambitious project from a legal point of view. This document contains uniform substantive provisions relating to property law. Furthermore, it introduces rules in respect of the enforcement and priority of interests in aircraft objects in case of and outside the bankruptcy of the debtor. Previous attempts at codifying these areas of the law at the international level have been unsuccessful. Particularly, the complexity and diversity of European property rights account for this fact. The creation of uniform law regarding security interests in movables requires by far the most drastic change in European national laws. The past has proved how extremely difficult it is to transcend the parochialism that exists in the property regimes of European states. The CIME/AEP provides for the creation of an international interest. Furthermore, the convention establishes an International Registry at which an international interest may be entered. Additionally the CIME/AEP regime lays down the remedies of the holder of an international interest. Following international registration, and depending on its priority status the holder can exercise its international interest in respect of the debtor in any contracting state. Finally, the CIME provides that a Regional Economic Integration Organisation also may sign it. Consequently, if the European Union accepts the convention, it has the rights and obligations of a contracting state.
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Tabsh, Sami W., and Muna Tabatabai. "Live-Load Girder Distribution Factors for Bridges Subjected to Wide Trucks." Transportation Research Record: Journal of the Transportation Research Board 1696, no. 1 (January 2000): 144–49. http://dx.doi.org/10.3141/1696-56.
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An important problem facing engineers and officials in the United States is the constraint imposed on transportation due to limitations of bridges. These limitations typically constrain vehicles to minimum heights and widths, to minimum and maximum lengths, and to a maximum allowable weight. However, with current demands of society and industry, there are times when a truck must carry a load that exceeds the size and weight of the legal limit. In this situation, the trucking company requests from the state departments of transportation an overload permit. For a truck with a wheel gauge larger than 1.8 m (6 ft), the process of issuing a permit for an overload truck requires a tremendous amount of engineering efforts. This is because the wheel load girder distribution factors (GDFs) in the design specifications cannot be used to estimate the live-load effect in the girders. In some cases, an expensive and time-consuming finite element analysis may be needed to check the safety of the structure. In this study, the finite element method is used to develop a modification factor for the GDF in AASHTO’s LRFD Bridge Design Specifications to account for oversized trucks with a wheel gauge larger than 1.8 m. To develop this factor, nine bridges were considered with various numbers of girders, span lengths, girder spacings, and deck slab thicknesses. The results indicated that use of the proposed modification factor with the GDF in the design specifications can help increase the allowable load on slab-on-girder bridges.
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Elshakry, Marwa. "Introduction." International Journal of Middle East Studies 47, no. 3 (July 28, 2015): 555–58. http://dx.doi.org/10.1017/s0020743815000549.
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This roundtable brings together a diverse group of scholars to ask how a critical engagement with science studies, writ large, might allow us to rethink the modern history of the Middle East. They speak in the name of a number of disciplines, including: archaeology, agriculture, engineering, geography, medicine, natural philosophy, public health, psychology, sociology, and urban planning. And they cover a wide array of local, regional, and even international networks of expertise and experts. These included (to name a few) a British engineer who worked in colonial Egypt and India calculating the future demography of water supplies and sewage systems; American, Palestinian, and Zionist agricultural researchers and proponents of dry-land cultivation and colonization in Ottoman Palestine; Ottoman Arab and Turkish nationalists in Istanbul who debated the metaphysical and political implications of positivism; and, finally, the various experts and political actors who fought over the preservation (and destruction) of antique material artifacts and objects in Iraq and Egypt from the 19th century to the present. What we might claim they have in common, however, is a concern with the rise of the “modern state”—another broad category here encompassing a range of imperial, colonial, and national states in the region, and the multiple claims for legal and political sovereignty that they spawned. Of course, interlacing these questions of sovereignty, particularly in this context, as the essays show, is a further set of questions organized around the various forms of power that both these new states and these new sciences exercised. We could say, therefore, that collectively these essays reflect upon the coterminous rise of epistemic, material, and political orders in the region, and that, in the process, they contribute to our understanding of the ideas and practices claimed on behalf of both “science” and the “state.”
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Abrams, Amber Louise, Torkel Falkenberg, Christa Rautenbach, Mosa Moshabela, Busisiwe Shezi, Suné van Ellewee, and Renee Street. "Legislative landscape for traditional health practitioners in Southern African development community countries: a scoping review." BMJ Open 10, no. 1 (January 2020): e029958. http://dx.doi.org/10.1136/bmjopen-2019-029958.
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Background and objectivesGlobally, contemporary legislation surrounding traditional health practitioners (THPs) is limited. This is also true for the member states of the Southern African Development Community (SADC). The main aim of this study is to map and review THP-related legislation among SADC countries. In order to limit the scope of the review, the emphasis is on defining THPs in terms of legal documents.MethodsThis scoping review follows the Preferred Reporting Items for Systematic Reviews and Meta-Analyses extension for Scoping Reviews methods. Two independent reviewers reviewed applicable legal definitions of THPs by searching the Southern African Legal Information Institute (SAFLII) database in April 2018 for legislation and bills. To identify additional legislation applicable in countries not listed on SAFLII and/or further relevant SADC legislation, the search engines, Google and PubMed, were used in August 2018 and results were reviewed by two independent reviewers. Full texts of available policy and legal documents were screened to identify policies and legislation relating to the regulation of THPs. Legislation was deemed relevant if it was a draft of or promulgated legislation relating to THPs.ResultsFour of 14 Southern African countries have legislation relating to THPs. Three countries, namely South Africa, Namibia and Zimbabwe, have acknowledged the roles and importance of THPs in healthcare delivery by creating a council to register and formalise practices, although they have not operationalised nor registered and defined THPs. In contrast, Tanzania has established a definition couched in terms that acknowledge the context-specific and situational knowledge of THPs, while also outlining methods and the importance of local recognition. Tanzanian legislation; thus, provides a definition of THP that specifically operationalises THPs, whereas legislation in South Africa, Namibia and Zimbabwe allocates the power to a council to decide or recognise who a THP is; this council can prescribe procedures to be followed for the registration of a THP.ConclusionsThis review highlights the differences and similarities between the various policies and legislation pertaining to THPs in SADC countries. Legislation regarding THPs is available in four of the 14 SADC countries. While South Africa, Tanzania, Namibia and Zimbabwe have legislation that provides guidance as to THP recognition, registration and practices, THPs continue to be loosely defined in most of these countries. Not having an exact definition for THPs may hamper the promotion and inclusion of THPs in national health systems, but it may also be something that is unavoidable given the tensions between lived practices and rigid legalistic frameworks.
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Sivetc, Liudmila, and Mariëlle Wijermars. "The Vulnerabilities of Trusted Notifier-Models in Russia: The Case of Netoscope." Media and Communication 9, no. 4 (October 21, 2021): 27–38. http://dx.doi.org/10.17645/mac.v9i4.4237.
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Current digital ecosystems are shaped by platformisation, algorithmic recommender systems, and news personalisation. These (algorithmic) infrastructures influence online news dissemination and therefore necessitate a reconceptualisation of how online media control is or may be exercised in states with restricted media freedom. Indeed, the degree of media plurality and journalistic independence becomes irrelevant when reporting is available but difficult to access; for example, if the websites of media outlets are not indexed or recommended by the search engines, news aggregators, or social media platforms that function as algorithmic gatekeepers. Research approaches to media control need to be broadened because authoritarian governments are increasingly adopting policies that govern the internet <em>through</em> its infrastructure; the power they leverage against private infrastructure owners yields more effective—and less easily perceptible—control over online content dissemination. Zooming in on the use of trusted notifier-models to counter online harms in Russia, we examine the Netoscope project (a database of Russian domain names suspected of malware, botnet, or phishing activities) in which federal censor Roskomnadzor cooperates with, e.g., Yandex (that downranks listed domains in search results), Kaspersky, and foreign partners. Based<strong> </strong>on publicly available reports, media coverage, and semi-structured interviews, the article analyses the degree of influence, control, and oversight of Netoscope’s participating partners over the database and its applications. We argue that, in the absence of effective legal safeguards and transparency requirements, the politicised nature of internet infrastructure makes the trusted notifier-model vulnerable to abuse in authoritarian states.
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Stolarski, Piotr, Włodzimierz Lewoniewski, and Witold Abramowicz. "Cryptocurrencies Perception Using Wikipedia and Google Trends." Information 11, no. 4 (April 24, 2020): 234. http://dx.doi.org/10.3390/info11040234.
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In this research we presented different approaches to investigate the possible relationships between the largest crowd-based knowledge source and the market potential of particular cryptocurrencies. Identification of such relations is crucial because their existence may be used to create a broad spectrum of analyses and reports about cryptocurrency projects and to obtain a comprehensive outlook of the blockchain domain. The activities on the blockchain reach different levels of anonymity which renders them hard objects of studies. In particular, the standard tools used to characterize social trends and variables that describe cryptocurrencies’ situations are unsuitable to be used in the environment that extensively employs cryptographic techniques to hide real users. The employment of Wikipedia to trace crypto assets value need examination because the portal allows gathering of different opinions—content of the articles is edited by a group of people. Consequently, the information can be more attractive and useful for the readers than in case of non-collaborative sources of information. Wikipedia Articles often appears in the premium position of such search engines as Google, Bing, Yahoo and others. One may expect different demand on information about particular cryptocurrency depending on the different events (e.g., sharp fluctuations of price). Wikipedia offers only information about cryptocurrencies that are important from the point of view of language community of the users in Wikipedia. This “filter” helps to better identify those cryptocurrencies that have a significant influence on the regional markets. The models encompass linkages between different variables and properties. In one model cryptocurrency projects are ranked with the means of articles sentiment and quality. In another model, Wikipedia visits are linked to cryptocurrencies’ popularity. Additionally, the interactions between information demand in different Wikipedia language versions are elaborated. They are used to assess the geographical esteem of certain crypto coins. The information about the legal status of cryptocurrency technologies in different states that are offered by Wikipedia is used in another proposed model. It allows assessment of the adoption of cryptocurrencies in a given legislature. Finally, a model is developed that joins Wikipedia articles editions and deletions with the social sentiment towards particular cryptocurrency projects. The mentioned analytical purposes that permit assessment of the popularity of blockchain technologies in different local communities are not the only results of the paper. The models can show which country has the biggest demand on particular cryptocurrencies, such as Bitcoin, Ethereum, Ripple, Bitcoin Cash, Monero, Litecoin, Dogecoin and others.
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Łosiewicz, Zbigniew, Waldemar Mironiuk, Witold Cioch, Ewelina Sendek-Matysiak, and Wojciech Homik. "Application of Generator-Electric Motor System for Emergency Propulsion of a Vessel in the Event of Loss of the Full Serviceability of the Diesel Main Engine." Energies 15, no. 8 (April 13, 2022): 2833. http://dx.doi.org/10.3390/en15082833.
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Oil tanker disasters have been a cause of major environmental disasters, with multi-generational impacts. One of the greatest hazards is damage to the propulsion system that causes the ship to turn sideways to a wave and lose stability, which in storm conditions usually leads to capsizing and sinking Despite the perceived consequences of maritime disasters in the current solutions for the propulsion of oil tankers, there are no legal or real solutions for independent emergency main propulsion in this type of ship. Stressing that the reliability of the propulsion system has a significant impact on the ship’s safety at sea, the authors presented a new solution in the form of a power take-off/power take-in (PTO/PTI) system. This is the emergency use of a shaft generator as the main electric motor, operating in parallel in a situation when the main engine (ME), (the main engine of the ship’s direct high-power propulsion system that is slow-speed) loses the operational capability to propel the ship. Since one cause of wear, or failure, of the main engines is improper operational decisions, the paper shows the wear mechanism in relation to the accuracy of operational decisions. Using classical reliability theory, it also shows that the use of the proposed system results in an increase in the reliability of the propulsion system. The main topic of the paper was the use of an electrical system called PTO/PTI as an emergency propulsion system on the largest commercial vessels, such as bulk carriers and crude oil tankers, which has not been used before in maritime technical solutions. Semi-Markov processes, continuous in time, discrete in states, and which are used in technology, were also proposed as a tool describing the process of the operation of such a ship propulsion system, and they are useful to support operational decisions affecting the state of the technical condition of the engine. There are two ship operation strategies that can be adopted: the four-state model, for normal operation, and the three-state model, which operates with the occurrence of failure. For these types of models, their limiting distributions were defined in the form of probabilities. It was also demonstrated that faster than expected engine wear and the occurrence of inoperability of the main engine can be caused by wrong operational decisions made by the shipowner or crew. Using this type of main engine operating methodology, it is possible to support the decision of the engineer to stop the main engine and to subject it to the process of restoration to an acceptable state of technical condition (before the failure or during the failure in severe storm conditions), with the parallel use of the proposed electric propulsion (PTO/PTI) as an emergency propulsion, giving the crew a chance to maintain the steering necessary to maintain safe lateral stability.
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Maumevičienė, Dainora. "Lithuanisation of Software Metaphors." Studies about Languages 1, no. 40 (July 13, 2022): 103–14. http://dx.doi.org/10.5755/j01.sal.40.1.31081.
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The majority of software that is localised, i.e., adapted or Lithuanised as a product to the Lithuanian market, language, culture, social norms and values, is originally engineered and designed in the United States of America. Despite the fact that internationalisation has to be carried out as a process of neutralising and standardising the software for further localisation of the product, it is usually carried out incompletely or in some cases might be unperformed at all, if companies have not considered the product to be sold globally. Thus, the software contains attributes, for example, writing conventions, legal norms and rules, culture-specific items, metaphors and other that reflect the source culture and language of the software. Software related texts, online help documents, resource files, messages and other contain various metaphors that are related to applications, malfunctioning, software components and menu items and hardware. At the same time, conceptual metaphors represent the worldview, and its perception is pertinent only to some specific language users. The idea of localisation is both to adapt products to target users in terms of their culture and language and make them feel that the product was designed and created for them. Thus, taking in mind that conceptual metaphors represent the perception of the worldview, the crucial question arises, if it is possible to adapt, i.e., Lithuanise, conceptual metaphors to such an extent that they would reflect the worldview and perception of the target language and culture the tropes are used to represent, categorise and depict. At the same time, it becomes interesting to examine how the trope is being changed in the target language as well as analyse the capacities of the language to change, adapt to and embrace new things it has to name.
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Kocowski, Tadeusz, and Witold Małecki. "Policyjne determinanty w profilowaniu wolnych zawodów." Studia Prawa Publicznego, no. 4 (40) (December 22, 2022): 27–44. http://dx.doi.org/10.14746/spp.2022.4.40.2.
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The possibility of taking up and practising liberal professions is generally dependent on the possession of professional qualifications, set out in law. The need to obtain certain qualifications often stems from the necessity to protect such goods as life, health and property. These might be referred to as ‘police goods’. They are existential for the functioning of the state, society and individuals, and are protected within the most important and most significant function of the state, which is the police. One of the areas of the police is the economic police, related to the protection of police goods against threats that may arise as a result of economic activity.Among the liberal professions there are those for which the requirements of obtaining certain qualifications result from the need to protect life and health. These are, in the first place, professions whose performance on the basis of appropriate qualifications guarantees a high level of protection of the life and health of the direct recipients of services provided by a person performing a liberal profession. This applies to the medical professions – doctors, dentists, nurses, midwifes, pharmacists and physiotherapists. Secondly, it is necessary to mention the professions the performance of which on the basis of appropriate qualifications guarantees a high level of protection of life and health of the undetermined group of persons. These professions include that of the architect and civil engineer.A disputable issue is whether professions whose representatives are to protect their clients against unfavourable or unlawful disposal of their own property can be considered liberal professions, where the requirement to obtain certain qualifications results from the need to protect police states and goods. These are legal professions, as well as the professions of investment advisor and property appraiser.