Dissertations / Theses on the topic 'Legal issues'
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Zhao, Xiao. "Legal issues on lotteries." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1944068.
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Epps, Susan Bramlett. "Legal Issues in Advising." Digital Commons @ East Tennessee State University, 1998. https://dc.etsu.edu/etsu-works/2581.
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Lu, Dong Juan. "Legal issues of pathological gambling." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1944063.
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Nicolaides, Dimitri P. "GNSS, legal and institutional issues." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ44069.pdf.
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Vilao, Maria Cristina G. "Air cabotage : current legal issues." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22449.
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The term air cabotage refers to the carriage of air traffic between two points within the territory of the same state. This carriage is generally reserved to the aircraft of the territorial state and is thus inaccessible to foreign carriers.This thesis gives a brief account of the origins of the concept of cabotage in maritime law and of its introduction in the early international air law conventions.
The thesis then proceeds to focus on the problem of air cabotage in the North-American context and particularly on the current bilateral negotiations between the USA and Canada at which cabotage rights in the USA are being sought by Canada.
It further projects on the EEC context, where air transport liberalization measures toward the completion of a single integrated market will eventually (perhaps very soon) lead to the availability for Community carriers of cabotage rights within any EEC Member State. The creation of a "Community cabotage area" where only Community carriers would be able to carry Community traffic is also analyzed.
Finally, the consequences of these developments are examined as far as EEC Member States' obligations under the Chicago Convention and relations with third states are concerned. (Abstract shortened by UMI.)
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Nicolaïdès, Dimitri P. "GNSS-legal and institutional issues." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20224.
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Should civil aviation reach its promising full potential, it will inevitably be through the use and reliance upon Global Navigation Satellite Systems (GNSS) and its innovative technologies. At present only one option seems clearly and 'directly' operational for the civil aviation challenge, and that is a---USA owned and controlled---GPS based GNSS.This thesis will critically discuss the legal and institutional issues of the GNSS. The issues considered will be based upon the discussions and conclusions recently reached within ICAO. The object of this thesis is to compare, contrast and criticise ICAO's international law-making propositions, related to GNSS, in the fight of the 'practical reality' varying from the users' demands and expectations, passing through the lack of practical experiences, to the USA monopoly as sole basic signal provider.
Whilst ICAO is undeniably a great contributor to global development of civil aviation, it seems that in the case of GNSS implementation, ICAO's role is limited by both its mandate, but equally a lack of political consensus upon potential 'solutions' to hypothetical problems.
The research is based on materials and documents available by the end of May 1997 and does not take into account the later developments in ICAO discussions.
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Uhlmann, Franziska. "The legal issues of webcasting." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4571.
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This paper will deal with the legal aspects and issues of webcasting. In the first part, I will examine webcasting itself and will differentiate it from other similar forms of data transfer etc. Next, I will describe the technology behind webcasting, which is relevant to copyright issues. The central part of this paper will outline the legal issues surrounding webcasting and discuss possible solutions. I will also look at different countries and their legislation around broadcasting system to analyze whether it is sufficient to deal with webcasting.
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Mousavi, Sameh Seyedeh Mahboubeh. "Suborbital flights: selected legal issues." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=119761.
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We will soon be confronted with regular operation of suborbital vehicles. These vehicles constitute a technological novelty for which there is not yet a specific legal framework. Taking into consideration the ambiguity which exits in international law, suborbital flights have fostered lengthy debates over defining the appropriate legal regime to govern the various legal aspects of these flights. Traffic management and environmental protection issues of suborbital flight are among the areas which need to be regulated. The present research tries to give an overview of the legal issues associated with the regulation of suborbital flights and to advance the discussion in the light of possible regulatory scenarios on the environmental and traffic management aspects of these flights. The present study suggests that further clarification and development of the existing legal frameworks for aviation and space activities, careful study of the different aspects of suborbital flights and the foreseeable impacts they might have on different areas including environment and traffic management concerns, as well as possible inclusion of such flights under ICAO's regulatory system are among the considerations which need to be taken into account in relation to regulating suborbital flights.Nous serons bientôt confrontés à trafic régulier de véhicules suborbitaux. Ces véhicules constituent une nouveauté technologique pour laquelle il n'existe pas encore de cadre juridique particulier. Tenant compte de ce vide juridique en droit international, les vols suborbitaux ont suscité de longs débats portant sur la nature du régime juridique requis pour régir les différents aspects juridiques de ces vols. La gestion du trafic des vols suborbitaux ainsi quel a protection de l'environnement comptent parmi les secteurs ayant besoin de réglementation. La présente recherche a pour objectif de fournir un survol des questions juridiques liées à la réglementation des vols suborbitaux et de faire avancer les discussions sur les scénari de réglementation par rapport aux aspects environnementaux et de circulation de ces vols. La présente étude propose la clarification et le développent des cadres juridiques existantes en matière d'aviation et activités spatiales. De plus, elle aborde soigneusement les différents aspects des vols suborbitaux et leurs impacts éventuels sur divers secours, dont l'environnement, et la gestion du trafic. Par ailleurs, l'adoption éventuelle des vols suborbitaux sous le système de réglementation l'OACI représente quelques'un des éléments qui nécessitent une réflexion relative a la réglementation de ces vols suborbitaux.
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Martin, Mary Rhoads. "Legal issues in African art." Diss., University of Iowa, 2010. https://ir.uiowa.edu/etd/546.
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This dissertation surveys the legal and ethical implications of the journey of artworks from Africa to Europe and the United States, beginning with events of the nineteenth century and continuing to the present. It addresses the laws regarding works of art from undeveloped countries, with focus on sub-Saharan Africa. The laws offer insight into what cultural value has been assigned to African art, and the changing laws and ethical norms reflect how African art has been perceived at different times.
This work also discusses to what extent the unique aspects of African art should affect laws protecting the cultural property of sub-Saharan African countries. The dissertation focuses especially on Nigeria, the home of the Kingdom of Benin. It also addresses the legal issues of art from Mali, Cameroon, and the Democratic Republic of the Congo. It shows when, where, and how the legal issues for sub-Saharan art are similar to, or different from, the legal issues for other regions.
Three spheres of academic endeavor were pursued in producing this work: African art history, ethics, and legal studies. From the combination of these areas emerges a narrative with a broad variety of events and people. Although the story is told chronologically, it is based on a set of legal and ethical issues. The common issues fall into four categories: plunder and illegal import/export; ethical collection and display; authenticity and forgery; and ownership and copyright.
African artworks found their way to the West in the nineteenth century. There they were considered "savage fetishes" and put in ethnographic museums. In the twentieth century, Western artists such as Picasso were inspired by the aesthetics of African art, and private collectors began acquiring it. Now the world's major art museums display African art.
Since World War II, important international conferences have established an increasing level of protection for cultural property, and thus for African art. International conventions have not prevented illicit art traffic, however. The story of the Afo-A-Kom's return to Cameroon in 1975 illustrates the diverging interests of collectors, museums, the public, and the source country.
Forgery has been an increasing problem for African art throughout the twentieth century and into the twenty-first century, fed by the high prices that authentic works receive in auction and at galleries. In 1991, for example, Sotheby's sold a forged terra-cotta ram from Mali for more than a quarter of a million dollars.
Today's attitudes and laws concerning African art reflect a complex interplay of historical events and legal changes over time. From the nineteenth century to current times, some progress has been made. Key issues remain from colonial times, however. Despite a growing body of international and national legislation to protect cultural property, African art is still seen by some as a commodity that can be stolen, illegally exported and imported, forged, destroyed or censored.
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Heywood, Heather Mary. "Appraising legal value : concepts and issues." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/29662.
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Historically, legal records were the main focus of archival preservation, and archives served primarily as arsenals of law—instruments for control and management of the State. Today, archives have many different values and uses, and legal value is only one criterion considered during the archival appraisal process. It is an important criterion, though, since archivists have an obligation to preserve not only those documents needed to understand society and its culture, but also those required to protect the rights and interests of society, its institutions, its citizens, and its heirs. Unfortunately, little has been written in the archival literature about what constitutes documentary legal value nor how this value can be recognized and evaluated.
This thesis draws on literature from archival science, sociology, records management, diplomatics, law, and jurisprudence in order to define legal value and to identify its components. Since the study focuses on North American archives, the legal literature consulted pertains to the English legal system and its particular manifestations in the United States and Canada.
To begin with, the thesis examines the document-event relationship and the relationship of this unit to a society's juridical system. This analysis illustrates the functions that documents play in society, and aims to provide an understanding of the capacity of documents to protect society and to serve as legal evidence. It is then proposed that the presence of a relationship between a document and a juridical event (one in which the society's legal system has an interest) be considered the first component of legal value. Perhaps the most important and most useful of the documents having relevance to events with legal significance is the class identified in this thesis as "legal records," consisting of those documents that execute or constitute written evidence of acts and events which directly affect legal rights and duties.
Exploring the first component further, the thesis makes a distinction between actual and potential legal value based on whether the relationship of the document to a juridical event is direct or indirect, and whether the event currently has juridical relevance.
Determining the strength of potential legal value involves consideration of the second and third components of legal value, which are related to the use of documents as
legal evidence. These two components are admissibility and weight (in the sense of a document's effectiveness as a representation of facts). External factors, such as retention regulations, may play a role in determining this aspect of legal value, and some of these factors are discussed. More often though, the archivist will need to search for indications of reliability and completeness in the documentary formation process and in the elements of form intrinsic to a type of document. The thesis identifies many of the internal factors that contribute to legal value and proposes some criteria and a methodology for appraisal of legal value.
Appraisal of legal value is not a mysterious process. With the exception of some diplomatic analysis, much of the information and analysis needed to determine legal value is fundamental to any appraisal process. In a society governed by law in all its aspects, determining legal value is a central part of any archival appraisal.Arts, Faculty of
Library, Archival and Information Studies (SLAIS), School of
Graduate
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Remley, Theodore P., and Cassandra G. Pusateri. "Ethical and Legal Issues for Counselor Educators." Digital Commons @ East Tennessee State University, 2018. https://dc.etsu.edu/etsu-works/5564.
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Working with students requires you to know laws and ethics related to teaching. The content of this chapter orients students with FERPA, ADA, and IDEA. It includes a review of the ACA ethical guidelines and CACREP standards related to the roles and functions of Counselor Educators and Supervisors. Though the use of case study examples, readers have the opportunity to develop applied understanding of the ethical and legal guidelines related to the role of being an instructor and gatekeeper of the profession.
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Spirin, Volodymyr. "Legal and policy issues around fake news." Thesis, Прінт-копі-центр "Вектор", 2020. http://er.nau.edu.ua/handle/NAU/43949.
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In twenty first century, there are various rights and freedoms that all the people are accomplished with. One of the guaranteed essential rights is freedom of expression.
We need to admit that the more rights you grant the more responsibilities are coming with it. The freedom of expression includes the right to express your views loud through articles, media or internet freely. However, you need to respect the rights of the other people and one has a duty to behave responsibly according to their own views.
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Byrd, Rebekah J. "Legal and Ethical Issues in School Counseling." Digital Commons @ East Tennessee State University, 2014. https://dc.etsu.edu/etsu-works/894.
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Vasiliauskas, Martynas. "Legal Regulation of Waste Management: Current Issues." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20111213_150226-36315.
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The author poses a question whether the current legal regulation of waste is proper. The question is answered by analyzing five issues: variety of the concepts of waste (waste can be perceived in distinct manners and the current concept aggravates the solution of two principal waste problems – danger to the environment and danger to human health); non-systematic use of terms (improper terms are used in Lithuanian legal acts); the jurisprudence of Lithuanian courts in explaining the concept of waste (the courts do not perceive waste properly); the twofold term of the municipal/household waste in Lithuanian legal acts (municipal/household waste is regulated by using the same term, thus it is not clear for which waste persons are taxed); the application of the municipal levy for waste management (the current model does not encourage to preserve the environment). The author concludes that the variety of the concepts of waste, the disagreements among the scholars on the question, the difficulties encoutered by the courts and non-ameliorating status of the environment show that it should be reasonable to discard the current legal regulation of waste. The two principal problems posed by waste and unsuccessfully solved by the current legal regulation are determined principally by the objects which are not in any possesion. Then waste should be perceived as an object which is not in a possesion and the legal regulation should be orientated in making all the objects to have a possesor.Disertacijoje keliamas klausimas, ar esamas atliekų tvarkymo teisinis reguliavimas yra tinkamas. Į šį klausimą atsakoma analizuojant penkis atliekų tvarkymo teisinio reguliavimo probleminius aspektus: (1) atliekų sampratų įvairovę (atliekas galima suvokti labai įvairiai, o dabartinė atliekų samprata apsunkina dviejų pagrindinių atliekų keliamų problemų – pavojingumo aplinkai ir žmogui - sprendimą); (2) nesusistemintą terminiją (teisės aktuose vartojami netinkami terminai); (3) Lietuvos teismų praktiką aiškinant atliekų sąvoką (teismai atliekas suvokia netinkamai); (4) dvilypę komunalinių atliekų sąvoką (komunalinės atliekos teisės aktuose suvokiamos dvejopai, todėl neaišku, už kokių konkrečiai atliekų tvarkymą asmenys yra apmokestinami); (5) vietinės rinkliavos už komunalinių atliekų surinkimą ir atliekų tvarkymą taikymą (rinkliava neskatina asmenų tausoti aplinkos). Daroma išvada, kad atliekų sampratų įvairovė, teisės mokslininkų nesutarimai, ką laikyti atliekomis, teismų patiriami sunkumai nagrinėjant atliekų bylas ir negerėjanti aplinkos padėtis rodo, kad būtų tikslinga atsisakyti esamo atliekų teisinio reguliavimo. Dvi pagrindines atliekų problemas, kurias siekiama išspręsti esamu atliekų teisiniu reguliavimu, iš esmės kelia tik nevaldomi objektai. Tuomet atliekomis reikėtų laikyti tik tuos objektus, kurie nėra valdomi, o teisiniu reguliavimu siekti, kad visi objektai būtų valdomi.
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Wu, Si Chen. "Research on legal issues of VIE model." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3525479.
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Foley, Virginia P. "Legal Issues and the English Language Learner." Digital Commons @ East Tennessee State University, 2007. https://dc.etsu.edu/etsu-works/5998.
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Kalafatis, Nicholas Everett. "Principals' knowledge of legal issues related to search and seizure issues in Virginia." W&M ScholarWorks, 1999. https://scholarworks.wm.edu/etd/1539618663.
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Today, public school administrators have the responsibility to provide a safe and secure educational environment for all who enter the school building. Amid continued drug use by students and a proliferation of weapons at school, principals at all levels face the unenviable task of maintaining an environment conducive to learning. In order to do so, principals often must balance the need to preserve individual student rights against the need to make schools safe.;The present study was conducted to determine if public school principals in Virginia meet minimum competency levels with respect to their knowledge of search and seizure law, and to compare the knowledge of search and seizure issues by Virginia public school principals with respect to their organizational level (elemcntary/middle/high). The study was designed also to examine theoretical perspectives by administrators as applied to search and seizure issues.;The study involved responses from surveys received from 91 public school principals in Virginia (37% of the 246 randomly sampled elementary, middle, and high school principals). Analysis of data revealed that one-third of the respondents fell below the mean, that 64.8% failed to achieve minimal competency, with no significant difference between building levels. Pragmatism was selected by 92.3% of the respondents as their legal perspective.
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Toews, Bob. "Aviation risk regulation, Canadian legal and analytic issues." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0006/MQ42298.pdf.
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Taylor, Michael W. 1971. "Orbital debris : technical and legal issues and solutions." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99558.
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This thesis examines the current technological and legal issues concerning orbital debris (space debris). The unique physical characteristics of the space environment are identified and explained. The thesis then explores the causes of orbital debris and examines the risk posed by debris to the most frequently used orbital areas. Significant environmental, legal, political, and economic consequences of orbital debris are described. The current technical and legal controls on the creation of debris are discussed and evaluated. Finally, proposed solutions are considered and critiqued. The thesis concludes with a non-binding treaty-based proposal for a new legal debris control regime that can encourage compliance and enhance accountability.
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Cao, Zhang. "The legal issues of interconnection in Chinese telecommunications." Thesis, University of Aberdeen, 2012. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=186871.
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China does not comply with its WTO obligations except in principle and experiences the problem that the incumbent carrier may use technical and commercial mechanisms to maintain market dominance. This is possible because of weaknesses in the Chinese interconnection regulations and difficulties in the application of Chinese anti-competition law to interconnection. The thesis aims to provide a model for interconnection that may be used to deal with the present market dominance in the Chinese interconnection service market. In order to achieve this aim, the thesis identifies the weaknesses in the Chinese interconnection regulations which may be utilized by the incumbent carrier to impede fair competition in the interconnection service market by comparing the Chinese regulations, and the relevant regulations in the WTO Reference Paper and the relevant U.S. interconnection regulations. On the other hand, the thesis also assesses the application of Chinese anti-competition law to interconnection. Consequently the thesis consists of two main parts. Part I includes chapter two, three, four and five. This part focuses on identifying the disadvantages in the present interconnection principles in force in China, technical conditions of interconnection and interconnection charges, and sets out the remedies that will be useful in preventing the incumbent carrier from using technical and commercial mechanisms to maintain market dominance. Part II covers chapter six and seven. This part focuses on the application of Chinese anti-competition law to interconnection, and provides a way to fine-tune the possible disputes rose in interconnection from the perspective of Chinese Anti-monopoly Law.
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I, Kozachok. "PROBLEM ISSUES OF LEGAL SCIENCE AT PRESENT TIME." Thesis, Сучасна правова освіта: [матеріали VIІ Міжнародної науково-практичної конференції, Київ, Національний авіаційний університет, 23 лютого 2018 р.]. – Тернопіль: «Вектор», 2018, 2018. http://er.nau.edu.ua/handle/NAU/32805.
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Balogh, Joseph. "Some legal issues of utility privatisation and regulation." Thesis, University of Edinburgh, 1998. http://hdl.handle.net/1842/21401.
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1. So far as the utilities sector is concerned, privatisation is NOT the antithesis of nationalisation: the state does not withdraw from the provision of telecommunication, electricity, gas and water services after privatisation. The Secretary of State is a key decision-maker and seems to interfere with the running of utility companies. 2. The main forms of government interference post-privatisation are: i. regulation, ii. residual government stakes, iii. Golden shares, iv. Government Appointed Directors and v. liberalisation of utility services. 3. Privatisation legalisation provides that disappointed utilities or their customers may apply for judicial review. The thesis will argue that judicial review is NOT the best dispute resolution technique in Britain: as a main rule judges do not intend to be involved in the regulatory game. 4. It is an open question how the overall success of a privatisation project shall be assessed. There are a number of transactions which do not live up to expectations. The thesis will consider some of them and will try to explore what alternative privatisation techniques would have been available. 5. The English and Welsh electricity sector has been reorganized five years after the initial disposals: ten regional electricity companies have been taken over. The thesis will analyse the "Big REC Race" in detail. 6. Utility privatisation in Central and Eastern Europe will be on the agenda in the near future. The thesis will discuss the sale of the Hungarian gas distribution companies - the main question here will be how utility privatisation may be transplanted to Central and Eastern Europe. This part of the thesis will make a number of comparative points.
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Ullian, John Andrew. "Legal issues of public school administrators in Massachusetts." Thesis, Boston University, 2006. https://hdl.handle.net/2144/32005.
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Thesis (Ed.D.)--Boston UniversityPLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis or dissertation. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you.
Schools and school officials are not immune from the substantial increase in litigation that has occurred over the past few decades in the United States. Public school administrators need to understand the laws that affect their daily decisions and actions. However, most of the available resources on the law are designed for attorneys and other legal experts. The objective of this project is to create a single text for Massachusetts public school administrators that addresses the major legal issues, las and court rulings that apply to their daily decisions and actions. This publication is not designed for attorneys. It is intended to be reader-friendly, and therefore the legal jargon is kept to a minimum. Please note that this text is for informational purposes only and is not intended as legal advice. If you are in need of legal advice, you should contact an attorney. The process for determining the appropriate content for this publication involved initial research on the primary legal issues facing public school administrators, and also interviewing several Massachusetts public school administrators for their input. (A description of the study and the findings is in Appendix A.) Once the subject matters were determined, extensive legal research and analysis were conducted to find appropriate court decisions, statutes, administrative regulations, arbitration rulings and articles relevant to the selected subject areas. When this was done, the dissertation was written covering the following topics: public school administrators' need to understand tre law; an overview of the legal system; issues related to teachers, such as hiring, firing and suspensions; issues related to students, such as student discipline, suspensions and expulsions, and special education; students' constitutional rights; other important matters for school administrators, such as the requirements for reporting abuse, student records and individual liability; and worthwhile resources including contact information. This publication is intended to be a valuable resource for Massachusetts public school administrators. They will obtain an understanding of the relevant laws, and this knowledge will enable them to be more effective administrators and more comfortable in addressing the numerous issues they face on a daily basis.
2031-01-02
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Poget, Gaël. "Legal aspects of facilitation in civil aviation : health issues." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81228.
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As you probably know, to board the B777-300ERi in Geneva for Anchorage via London, is not just that simple. With your ticket you bought several days before, you come to the airport, check in, pay airport's fees, go through the customs and security checks, walk in the terminal following signs, maybe you stop in the duty free shops, and finally find your gate. By this time, you are ready to board, about one hour after you enter the airport.We will be essentially interested in air law that is why, the purpose of this master's thesis is to consider the legal aspect of facilitation in civil aviation. The term facilitation refers to the process that passengers, crew, luggage, cargo and mail have to go through when they cross borders to fly from a point A to a point B.
Recently, an aspect of facilitation took an outstanding importance: health issues. At the end of last year, the Severe Acute Respiratory Syndrome (SARS) outbreak was a real threat to international civil aviation because passengers (and crews) could have been exposed to an infected person inside the terminal or on board the plane, also, aircrafts were considered a fast vector of this disease through the world. The economic consequences for airlines and airports were very painful.
iBoeing 777-300 Extended Range.
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Keeler, Michael Stephen. "Legal and regulatory issues of elderly care in England." Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/75017/.
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Elderly care is one of the more high profile contemporary issues that confronts care professionals, the Government and its citizens. Central to these are concern how care is best regulated and the cost effectiveness of decisions to cut care delivery across the public and private sectors. Defining what constitutes good care delivery is a continuing challenge to health care managers and staff, as the benchmark is in constant flux due to advances in modern medicine and the progression of new and dangerous ill-health conditions. Culture, personal values and expectation changes from generation to generation also blur the definition of what constitutes good care. This thesis offers a contemporary analysis of care and examines how regulatory systems have been too ad hoc and often retrospective; leading to deficiencies in the pro-activity and holistic response elderly care requires to tackle its issues. This is one of the most rapidly evolving areas of regulation in a period of intense media attention and public concern over elderly care. A considerable degree of permanence can be identified towards the action plan of the Government in engaging a variety of reactionary regulatory strategies. In the later analysis in the thesis, it is suggested that additional specialist and dedicated regulation may still prove to be necessary to secure care quality and undertake preventative measures against the abuse of this vulnerable section of the community. Public concern and medical interest continues to reveal cases of severe neglect of the elderly in many private care homes. The Care Quality Commission, the main regulator since 2009, undertakes inspections and reports on care quality, but doubts remain as to how effective the measures in place guard the quality of care in practice. The second Francis Report on the Mid Staffordshire NHS Foundation (5th February 2013) highlighted many failings in the National Health Service and showed how the most vulnerable and elderly to be particularly at risk. Reports of poor care of the elderly continue to confirm that stricter monitoring and inspections are needed. The aims and objectives of this thesis, are to understand how elderly care regulation has addressed systemic regulatory failures and provides a case study of lessons learnt from past omissions and mistakes. At the time of writing, the Care Quality Commission has undertaken tougher inspection regimes by currently adopting a system of special measures, and new regulations are being considered. Over its approximately six years of activity since it ‘plugged a regulatory hole’ it’s now progressively much improved inspectorate function has even just embraced ‘whistle-blowing’ as part of its ‘work in progress’ profile. There is continued pressure on the regulator to meet expectations of ensuring high quality care, and it is also a response to the changing role of care homes; reflecting the diverse range of care and the ageing population. This thesis provides an analysis of how elderly care has evolved over many centuries and varied in its standards of delivery. Defining appropriate levels for care standards is one approach, adopting a holistic approach is another, but the culture of care is one that needs to be fostered through family members who are often engaged in the delivery of elderly care, as well as the community at large. Developing care through purely legal mechanisms, such as the setting of care standards has its limitations, but will undoubtedly also feature as part of any perceived solution. There are signs that the changing culture in care homes and those that provide care, is a recent and most welcome shift in regulatory goals and objectives. It is argued that this change reflects positively on the current care system which has been driven by some better education of care workers and greater empathy with the elderly; an empathy which is driven by the growing reality with every new generation that most of us will live well into our elderly years due to the advancement of modern medicine. Reflected also is increased lack of trust in people, where in the past assumptions about care delivery standards by individuals were relied upon instead, and how to engage with the continuous re-design of oversight regulatory structures issues of legitimacy and increasing public trust. The Care Quality Commission is developing its own identity and offers a form of social regulation that is set apart from the main economic regulators. There are many lessons which can be learnt when working from within the National Health Service through the use of internal networks, access to current government policy and funding arrangements. Despite strong ministerial engagement in this area, the Care Quality Commission has been able to maintain its own voice and, in recent months, has developed its expertise to address public concerns about elderly care. Despite this, the statistics show that at least one third of care homes are regarded as less than satisfactory, suggesting that much work remains to be undertaken. Co-ordinating clinical and social care of the elderly is part of patient safety. It also connects with regulating the professional standards of health and social care professionals.
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Mcglashan, Derek. "Dynamic coasts and legal issues : perspectives from Great Britain." Thesis, University of Dundee, 2003. https://discovery.dundee.ac.uk/en/studentTheses/e1ce6ef1-b8b6-4cbc-b380-cc6c006cbffe.
Full text
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Egba, Emmanuel E. "Land, minerals and environment in Nigeria : contested legal issues." Thesis, Anglia Ruskin University, 2018. http://arro.anglia.ac.uk/703822/.
Full textAbstract:
This study investigates landownership, mineral and environmental contested legal issues in Nigeria. Examining aims Land Use Act gives governors control over land while Constitution leaves minerals ‘only’ to the federation, severing minerals from ‘state or private-ownership’. The Act authorises compulsory land acquisitions for public purposes including mineral exploration. But Constitution supports individual’s rights over movable or immovable property and authorises compensations for compulsory acquisitions. Nevertheless, it makes enforcement of environmental rights non-justiceable by disallowing anyone to enforcing it. The ambiguities in these laws resulted to contests of landownership, mineral control and environmental degradation which the author examines. Effects of splitting minerals from landownership caused non-passage of Petroleum Industry Bill, poor implementation of Local Content Act among others were discussed. The author adopted doctrinal methodology, implementing three techniques involving finding, reading and updating the laws to give best results. We made comparisons with other legal systems because, the thesis involves diverse legal and social doctrines. This enabled the author to comparatively analyse Nigeria landownership, mineral and environmental regimes. Researcher noted effects of ‘mineral-landownership’ split and gaps in Nigeria laws which propelled her courts to take on foreign decisions in settling mineral litigations. We found that non-oil mineral law considers community in mining-lease. This was not provided under ‘petroleum’ laws. Again, the splitting statutes have led to loss of property and environmental rights in Nigeria. The law did not secure state land rights. It promotes cycle of poverty by giving federal exclusive authority over mineral exploration against state right over land. Compensations for compulsory land acquisitions were not well spelt out because of federal legislative power over minerals and interests it generates. These resulted to landlessness, discontents, contests and litigations. The researcher concludes that the existing laws cannot adequately tackle issues of landownership, mineral and environmental management in Nigeria thus require reformation.
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Soto, Gomez Liliana. "Regulation of biobanks in Mexico : ethical and legal issues." Thesis, University of Leeds, 2016. http://etheses.whiterose.ac.uk/16849/.
Full textAbstract:
This thesis investigates the governance of biobanks in Mexico, exploring elements of legislative reform for the improvement of current legal and ethical guidance. It argues that the great benefits to be obtained from research using biobanks (e.g. personalised or stratified medicine) are at risk of being undermined by the absence of clear legal pathways. A number of legal and ethical issues have emerged from the different aspects of biobanks. Diverse theoretical approaches are reflected in academic literature and heterogeneous legislation of biobanks around the world. Specific binding rules have worked for some, whereas self-regulation has proven suitable for others. Social solidarity has played a key role in innovative biobanking law and decision making, in which traditional governance approaches have become more reflexive, involving not only law and policymakers, but also the public. A detailed legal analysis revealed significant gaps within the complex Mexican laws governing biobanks; this has caused confusion. Areas of concern were identified in relation to the ethical management of research samples and the protection of donors’ rights. This is concerning in Mexico where economic interests influence legal reform, giving way to opportunistic actions by the international pharmaceutical industry and leaving vulnerable populations unprotected. The greatest challenges for Mexican legislators are finding ways to respond to legal gaps with new laws and improving the effectiveness of existing rules. Due to the scarcity of literature on the topic, interviews were conducted with representative actors in strategic areas. Participation in the European Union research network BTCure enabled the inclusion of a study investigating how European experiences can be valuable examples for Mexico to follow. The results of this research indicate ways forward for Mexican governance, which are expected to influence further legislative reforms of biobanks.
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Egba, Emmanuel E. "Land, minerals and environment in Nigeria: Contested legal issues." Thesis, Anglia Ruskin University, 2018. https://arro.anglia.ac.uk/id/eprint/703822/6/Egba_2018.pdf.
Full textAbstract:
This study investigates landownership, mineral and environmental contested legal issues in Nigeria. Examining aims Land Use Act gives governors control over land while Constitution leaves minerals ‘only’ to the federation, severing minerals from ‘state or private-ownership’. The Act authorises compulsory land acquisitions for public purposes including mineral exploration. But Constitution supports individual’s rights over movable or immovable property and authorises compensations for compulsory acquisitions. Nevertheless, it makes enforcement of environmental rights non-justiceable by disallowing anyone to enforcing it. The ambiguities in these laws resulted to contests of landownership, mineral control and environmental degradation which the author examines. Effects of splitting minerals from landownership caused non-passage of Petroleum Industry Bill, poor implementation of Local Content Act among others were discussed.
The author adopted doctrinal methodology, implementing three techniques involving finding, reading and updating the laws to give best results. We made comparisons with other legal systems because, the thesis involves diverse legal and social doctrines. This enabled the author to comparatively analyse Nigeria landownership, mineral and environmental regimes. Researcher noted effects of ‘mineral-landownership’ split and gaps in Nigeria laws which propelled her courts to take on foreign decisions in settling mineral litigations.
We found that non-oil mineral law considers community in mining-lease. This was not provided under ‘petroleum’ laws. Again, the splitting statutes have led to loss of property and environmental rights in Nigeria. The law did not secure state land rights. It promotes cycle of poverty by giving federal exclusive authority over mineral exploration against state right over land. Compensations for compulsory land acquisitions were not well spelt out because of federal legislative power over minerals and interests it generates. These resulted to landlessness, discontents, contests and litigations.
The researcher concludes that the existing laws cannot adequately tackle issues of landownership, mineral and environmental management in Nigeria thus require reformation.
30
Mohubbat, Valiyeva Gunel. "Legal Issues Arising From the Commercialization of Cultural Heritage." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/48737.
Full textAbstract:
Cultural heritage and natural resources belonging to indigenous people and local communities may constitute significant contribution for them. However, commodification of cultural heritage has both positive and negative impacts. Appropriation, loss of culture, pseudo-culture, loss of the authenticity of the culture, exclusion of the heritage owners to get benefits and economic gains, commodification of the culture and loss of identity of indigenous communities are some of the problematic issues. However, concerns on responsibility, regulations of trade in relation with cultural heritage, sustainable development, preservation of culture, conservation of cultural and natural heritage raised by the world community in different levels (such as academician, lawyers, nongovernmental organizations, etc.) create opportunity to find solutions for reconciliation between the culture and commerce.
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Bechle, Thomas. "eMusic - Legal issues concerning downloading music over the Internet." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4543.
Full textAbstract:
Sharing music with friends and family has always been a popular activity. Under most copyright laws, sharing physical media with friends and family has always been seen as a 'fair use' - a set of usage patterns that have been traditionally considered to be exceptions to copyright law. With the advent of digital music in the early 1990's sharing of music became redefined. Whereas sharing of physical media meant that only one person could use the media at the same time, sharing digital music involved permanent reproduction of the music files. Thus, sharing digital music equated to reproduction and distribution of music. With the invention of the mp3 standard, the size of digital music files became much smaller without a noticeable compromise of quality. Thus reproduction and distribution of digital music became faster and even easier. [...]
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Elleven, Russell K. (Russell Keith). "Student Legal Issues Confronting Metropolitan Institutions of Higher Education." Thesis, University of North Texas, 1996. https://digital.library.unt.edu/ark:/67531/metadc277754/.
Full textAbstract:
This study examined perceptions of student legal issues confronting metropolitan institutions of higher education. The data for the study were collected using a modified version of Bishop's (1993) legal survey. The sample for the study consisted of 44 chief student affairs officers and 44 chief legal affairs officers employed with the 44 institutions affiliated with the Coalition of Urban and Metropolitan Universities. Frequency counts and percentage distributions were employed to analyze the data. Chief student affairs officers and chief legal affairs officers have very different perception as to the most likely student legal issues to be litigated in the next ten years. Chief student affairs officers found few student legal issues highly likely to be litigated in the next 10 years. Affirmative action, sex/age discrimination, fraternities and sororities, and disabled students were the only student legal issues at least 20 percent of chief student affairs officers believed to be highly likely of litigation in the next ten years. Chief legal affairs officers believed many student legal issues would be litigated in the next 10 years. At least 20 percent of the chief legal affairs officers believed admission criteria, affirmative action, reverse discrimination, sex/age discrimination, athletic tort liability, Title IX, defaulting student loans, defamation, negligence, academic dismissals, academic dishonesty, cyberspace issues, and disabled students to be highly likely of litigation in the next ten years. Chief student affairs officers and chief legal affairs officers prepare very similarly for future student legal issues they may confront in the future. There is a large amount of crossover between professional conferences of chief student affairs officers and chief legal affairs officers. Student affairs and legal affairs officers will attend professional conferences of both groups in order to stay abreast of student legal issues. It appears chief student affairs officers are not prepared to confront many of the student legal issues highly likely to be litigated in the next ten years.
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Kao, Hong-Mine, and 高宏銘. "Negotiations of legal issues." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/07619422073111202342.
Full textAbstract:
碩士臺灣大學
商學研究所
96
The goal of this thesis is to proffer fundamental knowledge about negotiation field for students of college of law and legal pracitice in Taiwan, and to dominate primary contents of negotiation concerning legal pracitice rapidly. Addinationally to compare differences between the negoaitions of legal issues and other issues, to digest the features of species of negotiations of legal issues in present legal system of Taiwan, and to cite emphasises of administering these negotiations of legal issues. There are some primary parts of this thesis: (1) science of negotiations, (2) art of negotiation, (3) the features of negotiations of legal issues, and (4) the primary species of negotionations of legal issues under legal system of Taiwan. About science of negotiations, besides introducing fundamental conceptions of negotiations, for example BATNA（best alternative to a negotiated agreement）, Reservation Price, ZOPA（zone of possible agreement）, Surpluses, and Efficiency ,the part will also introduce theories of decision making, game theory, and how to use computer to aid negotiating. About art of negotiations, the thesis will introduce strategy choosing, tactics, and to differentiate phases of process of negotiations. There are some primacy features between negotiations of legal issues and other issues: 1. Lawyers are the representatives of clients 2. The blend of legal issues and other issues 3. The participance of the third party 4. Strict process 5. Evidences are the core About primacy species of legal negotiations of law system in Taiwan, this thesis differentiates civil affairs and criminal affairs. The species of negotiations of civil affairs include deal making and amende. The species of negotiations of criminal affairs include procedures of negotiation and deferred prosecution. The thesis will analyze these species of negotiations of legal issues and denote emphasises that participators of negotiations must beware.
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Pretorius, Diederika 1951. "Surrogate motherhood: legal issues." Thesis, 1991. http://hdl.handle.net/10500/22948.
Full textAbstract:
Surrogate motherhood is one of the most controversial issues
of our time. The increase in infertility and the shortage of
babies available for adoption, have provided an incentive
for research in assisted reproductive techniques. Rapid
advances in this field have caught the legal system
unprepared in many ways.
The object of this thesis is to investigate the legal
aspects of surrogate motherhood. A background is provided
by an in depth examination and analysis of the practice of
surrogacy in foreign jurisdictions. For this purpose a
selection of interdisciplinary, medical and juridical
reports, court decisions and legislation is analysed.
The surrogacy agreement is affected by principles of both
public and private law. As the agreement is based on
consensus between the parties, Roman Law principles of the
law of obligations, provided a valuable point of departure
in establishing a theoretical basis for the classification
of surrogacy agreements. Having determined the nature of the
agreement, the content is analysed with due regard to
statutory and other relevant considerations, such as the
boni mores, and submissions made regarding the
enforceability and legality of such agreements.
A surrogate mother agreement model is proposed and analysed
in the light of existing South African law. The various ways
in which surrogacy contracts may be breached are examined
and recommendations put forward regarding possible delictual
or contractual remedies.
The legal relationship between the surrogate child and its
gestational (birth) mother and her husband on the one hand
and the intended parents on the other is investigated.
The role of the courts in custody issues - related to
surrogacy - is examined and recommendations put forward as
to how they may be included in the process by determining
the best interest of the surrogate child prior to artificial
insemination.
The civil and criminal liability of medical practitioners
involved in assisted reproductive technology and
specifically surrogacy are expounded. Key issues in the
practice of surrogate motherhood are interpreted in the
light of existing statutory and common law principles.
Recommendations are put forward on these issues and a bill
proposed for the regulation of surrogate motherhood in South
Africa.Private Law
LLD
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Shih, Chun Yen, and 施淳晏. "Legal Issues of UAVs." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/w3u4ek.
Full textAbstract:
碩士國立清華大學
科技法律研究所
105
The purpose of this master’s thesis is not only for dealing with legal issues of UAVs, but also for bridging the airspace law’s knowledge gap in Taiwan because we seldom accessed to National Airspace System in the past. In the beginning, this thesis is viewing from the angle of airspace, and the scope of discussion is from airspace law, space law and to the low-altitude airspace right law. Moreover, as the impact of UAVs on human life, torts inevitably need to be mentioned. Along with the private and the government’s frequent use of UAVs, there will be lots of issues between aerial surveillance and privacy. In conclusion, we can learn that, according to the result of the previous discussion, there will be some advice for Civil Aviation Authority and Congressional legislation in Taiwan.
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Lu, Chia-chia, and 呂嘉嘉. "Legal Issues Regarding Antique Trade." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/35443351905048624465.
Full textAbstract:
碩士國立雲林科技大學
應用外語系碩士班
93
The high value of art has made illicit trade in art as an attractive business for criminals. Because of a low recovery rate and few arrests, problems in antique trade become even worse. There are several elements facilitating widespread art theft and low recovery numbers. Artworks are mobile, and easily hid, stored and resold. Also, international laws regarding to import, export and clear title vary widely. Basing on situations mentioned above, our interests to study legal issues in antique trade are triggered. Reviewing current related researches, there is a lack of overall introduction of problems in art world, arguments between Cultural Internationalism vs. Cultural Nationalism, and introduction of cultural property laws in international world, in America, in European Community and in Asia. Therefore, this research would dedicate to study of legal issues in antique trade and aims at proposing practical suggestions to the realm and in the end to inspire more researches devoting to the related fields. This research propose 7 suggestions to the trade, reducing regulations, educating the public and the professional, providing monetary and moral incentives, encouraging private ownership and utilizing the Internet to trace stolen art. Related studies in this field are insufficient. Cultural heritages are treasures of the worldwide. There are lots of efforts could be made for the future study.
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hu, hsu chen, and 許振湖. "Some legal issues on factoring." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/66416371757301528197.
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Wang, Man-Ning, and 王曼寧. "Legal Issues regarding Spectrum Sharing." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/u89923.
Full textAbstract:
碩士國立清華大學
科技法律研究所
105
Given the rapid development of science and technology, the community highly depends on the Internet network. Meanwhile, the information and communications technology have built a close and interrelated world. As a communication medium, the spectrum became a strategic scarce resource due to the different characteristics of application and the electromagnetic interference. In order to provide more high-speed and stable communication quality, the communication devices increasingly rely on the spectrum. Therefore, the concept of “spectrum sharing” has sprung up. Spectrum sharing is a more-efficient method to maximize the utilization efficiency of scarce resources. It consists of “Cognitive Radio,” “Spread Spectrum,” “Time Division Multiple Access,” “Frequency Division Multiple Access,” “Code Division Multiple Access,” and “Space Division Multiple Access”. However, the conflicts between the public interest and the individual rights make the regulations of spectrum sharing too complicated to be implemented. From the third generation to the fourth generation of mobile phone mobile communication technology standards, the application of dynamic spectrum sharing is booming. It is necessary that the regulatory regime for spectrum sharing is able to respond to the changes in technological development. In December 2015, the draft of Telecommunication Infrastructure and Resource Management Act was proposed. The present version of the Draft encourages spectrum sharing in order to enhance the efficiency of telecommunications; Moreover, to increase flexibility in the use of spectrum in the future. However, it is highly important that the regulatory regime for spectrum sharing are carefully designed and managed. This article focuses on not only the regulation of the use of the electromagnetic spectrum but also the regulatory regime for spectrum sharing. Last, this article recommends that the establishment of “spectrum sharing law” be of vital importance.
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Chieh, Wang Chun, and 王俊傑. "A Legal Study on Legal Issues of Electronic Payment." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/85678102536224080262.
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(Dinah), Tai Yu-chun, and 戴羽君. "Legal Issues Regarding Taiwan Court Interpreters." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/47681258298988865786.
Full textAbstract:
碩士國立雲林科技大學
應用外語系碩士班
91
The function of the court is to find the truth from the evidence and testimony so that a fair judgment may be rendered. Language barrier exists between judicial officers, lawyers and the litigants when either litigants or witnesses are language-handicapped or hearing-impaired. To reach a fair trial, a qualified interpreter shall be provided for the understanding of the testimony given. Unfortunately, the role of a court interpreter receives little attention in Taiwan and current system is replete with problems. According to the Criminal Procedure Code of the R.O.C., the use of a court interpreter is not mandatory and is left with the discretion of the court. On the contrary, the Civil Procedure Code makes the use mandatory. Issues regarding the constitution and human rights such as fair trial, right against self-incrimination, right to the effective assistance of counsel and right to cross-examine witness will result if a qualified interpreter is not provided when a defendant is either language-handicapped or hearing-impaired. Besides, the current practice shows that there is neither national uniform language test nor evaluation standard for the court interpreters in Taiwan. A serious doubt is therefore raised about whether a court interpreter could either help a defendant to defend or assist a judge to understand the fact. The purpose of this research is to discuss the issues regarding court interpreter with the focus on the constitution and the court interpreter organizations. Brief introduction will be given on the definition, function and importance of court interpreter. Modern foreign laws and international conventions will be examined with a conclusion that the use of court interpreter is mandatory. Comment will be made in respect of the current system of court interpreter in the R.O.C. Finally, foreign court interpreter organizations will be introduced as reference for the future legislation.
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CHANG, JING-CHI, and 張景淇. "Legal Study on Open Data Issues." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/camxca.
Full textAbstract:
碩士東吳大學
法律學系
105
While the concept of “OPEN” and “SHARE” prevailing the information technology development, government plays the important role because government owns huge amount of data, and if those data could be utilized under certain criteria of information security, it can be explored new business opportunity with valued-added innovative applications. However, with the cloud computing technology developing more maturely, it is not necessary to copy data or own data to share information, a lot of data can be collected, analyzed, and applied through the open business platform, it is possible that personal data can be extracted, and privacy issue can be breached. With more and more digital related regulations established, open government data is able to promote cross boundary data sharing, encourage citizens participating the public policy, so that government data can be further utilized to satisfy citizen’s needs, and drive more innovative applications or services from the private sector, it is a Win-win situation for all citizens, government, and business. Therefore, open data has been highlighted and promoted in the fourth generation of e-government project, and further established the “government open data principle of the Executive Yuan and subordinated agencies” in 2013. The National Development Council also established the “government open data platform”, and released the 1 edition of the “Open Government Data License”. Under the “Open Government Data License”, it is clear that license will not be withdraw, and no limitation on its usage. This encourages users to use the government open data, and allows users to reauthorize or sublicense the value-added data. Moreover, the code of license has also declared that it is compatible with the “Creative Common” international version 4.0, so that the application of open data can be converted from “Open Data Government License” to “Creative Common”, in order to reach the purpose of big data analysis. Open government data is not only to promote the democratic governance, but also offer big opportunity for private sectors to innovate applications or services. In 2016, Open Knowledge Foundation (OKFN) has rank Taiwan the first place in global open government data, but advised Taiwan to further reinforce countermeasures on technology policy, personal privacy and usages, so the regulation enforcement is highlighted. Considering the deficit between the effectiveness of the regulation establishment and information flow, it is not applicable for Taiwan to make special law of open data like USA or general law of open data like South Korea. Another approach is to revise the existing “The Freedom of Government Information Law”, to include the concept of open data, to extend the information literacy to information sharing and re-use. In addition, if the regulation fee and accountable can be regulated in the “The Freedom of Government Information Law”, it will offer more help the promotion of open data.
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Li, Tung-Yen, and 李東炎. "Mortgage Life Insurance Study Legal Issues." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/49980431959810963579.
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Chen, Yu-Shin, and 陳瑜歆. "Legal Issues of Newborn Blood Screening." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/28065456386717628600.
Full textAbstract:
碩士東吳大學
法律學系
98
The main purpose of newborn blood screening is to diagnose candidates of congenital metabolic disorders as early as possible through effective screening. Following further confirmation, the cases then could be treated by effective and manageable medical methods in early stage. This will greatly reduce the severity of neonatal morbidity and mortality, which will not only improve the public health well-being, but also reduce social burden. It is one of the most important maternal and child health policies in all the advanced countries. Many congenital metabolic disorders often result in growth retardation, mental or physical disability in the affected newborns. It will not only produce heavy burdens to parents of the children both mentally and materially, but also spend a lot of social resources. Physical damages of congenital metabolic disorders will appear only after the abnormal metabolites are gradually accumulated in the body. In the neonatal period it is often not to produce noticeable symptoms. However, if newborn blood screening is taken at birth, then congenital metabolic disorders could be diagnosed and treated as early as possible. In particular, because of being treated at early stage, newborns with some congenital metabolic disorders could be grown up like normal newborns. As in today, birth rate is rapidly declining, how to develop a fast, simple, and cost effective way to screen out the abnormalities in newborns, and by giving a special nutritional formula or effective treatment, so that is able to slow down severity of mental retardation and reduce malignance of metabolic diseases and to help newborns to grow up healthily, which are the social well-beings that all the countries are pursuing. Traditional ways to develop a newborn blood screening method is time-consuming and not cost effective because it is necessary to develop a new method for every new screening item. How to increase screening efficiency and to add more screening items by cost effective ways is what all the researchers are looking for. However, newborn screening taken by tandem mass spectrum fits this purpose perfectly, only not all the screened abnormalities have effective treatments, some are even lack of clinical meanings. Whether the information revealed from tandem mass spectrum is a direct interest to newborns or not? While new technology could bring more information and convenience, at the same time how the healthcare department could make a public policy not only to provide the best interest to the newborns, but also take care the public health and public interests. All these will be discussed in the following paragraphs.
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Yang, Che-Chen, and 楊哲禎. "The Legal Issues on Patent Troll." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/21313185468514816736.
Full textAbstract:
碩士國立高雄第一科技大學
科技法律研究所
100
In order to mitigate the holdup problem from patent trolls, the study emphasizes the direct and indirect negative impacts on patent competition and the specialist in the upstream markety. The considered elements of patent trolls include "the business model and practice," "the threatening lawsuits for settlement," and "the patents'' qualities (especially the effectiveness and breadth of business-method patent)." The supreme court in the eBay case has declared a new page on reviewing injunction -- returning to equity four-factor test. After eBay case, the accused infringers use legal strategies as "market competition requirement," "punitive damages requirement," "frivolous complaint," "declaratory judgment," "venue," and "staying suit" to balance patent trolls. Congress can improve patent law by "reviewing business-method patents," "eliminating submarine patents," "adjusting the calculation of damages," and "altering the standards of injunction." 2011 Leahy-Smith America Invent Act has passed and will continually motivate the world to reform patent trolls.
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Hsin-Yi, Chen, and 陳欣儀. "The Legal Issues of Condominium Regulations." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/79722770898087309678.
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Yun-Chung, Chen, and 陳韻中. "Study on Legal Issues regarding Departure Restriction." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/38884343256541416116.
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Lai, Meng-Te, and 賴孟德. "The Research of Legal Issues about Telemedicine." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/90536982939886272839.
Full textAbstract:
碩士國立高雄第一科技大學
科技法律研究所
98
The objective of this study is to describe legal issues concerning the field of telemedicine. Telemedicine is a care model that joins technology, telecommunication and medical expertise technique together. With the advancement of telecommunication field in Taiwan, believe to be capable of developing an ideal telemedicine care system. Current setting in Taiwan, laws governing telemedicine had sets its limitations, hindering proper implementation. One utmost important issue is the current law governing the practice of Taiwan’s Physician Law. Medical practitioner must personally be present and supervise to carry out its responsibilities in context of telemedicine. Taiwan Physician Act Art. 11:“A physician may not treat, issue prescription or certificate of diagnosis to patient not diagnosed by the physician himself or herself. In mountain areas, on outlying islands, in remote areas, or under special or urgent circumstances, however, and in response to medical needs, physician appointed by the competent authority in a special municipality or county (city) may use telecommunications methods to inquire about illness, set diagnosis and issue prescriptions, and treatment may be dispensed by nursing or obstetrics personnel belonging to health organizations.” The statement refers using telecommunication process in carrying out telemedicine as a special condition. In itself already sets limitations to the area, time and personnel of telemedicine service. The physician can only provides the telemedicine in those living in distant areas or emergency situation. Suffice it to say that under normal circumstance, patient cannot be seen using audiovisual communication hence telemedicine cannot be carried out. The current Physician’s law governing the practice of telemedicine already prevents its usage in patient under normal circumstance, this will surely hinder the development and progress of telemedicine care. The article analyses the original purpose of Physician Act Art. 11 and described it as a hinder to the development of telemedicine in our country. In the future, whether the law regarding telemedicine will be amended or a new set of law be created, hopefully there will be a solution to the problem encountered, and other related legal issues be elaborated. If ever telemedicine can be included in National Health Insurance policy coverage, it may give more room for the progress of telemedicine care field, to make it really feasible, available and common to majority.
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Tsai, Ching-Mei, and 蔡靜玫. "Study On Legal Issues In BIM Projects." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/68820754765654983915.
Full textAbstract:
碩士淡江大學
土木工程學系碩士班
103
Building information modeling （BIM） and 4D modeling have recently attained widespread attention in the architectural, engineering and construction （AEC） industries. Research efforts demonstrate the BIM and 4D approaches provide a faster and more effective way of communicating information between interested project parties and a better design which enables improved and innovative solutions as well as many other benefits. However, there are various legal new issues with the application of BIM? This study by literature review cartogorizes the four major legal issues in BIM applicaoitn : contract and system, responsibility and risks, intellectual property rights and Management and tools. By Questionairs, it further explores the related viewpoints in these four aspects of legal issues in BIM application.
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Peng, Kuan Jung, and 彭冠蓉. "Legal Issues with Equity Crowdfunding in Taiwan." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/08762221728432189925.
Full textAbstract:
碩士國立清華大學
科技法律研究所
103
Recently, crowdfunding has caused a revolution in startups’ financing in Taiwan. Nevertheless, equity crowdfunding is highly regulated by Taiwan’s securities laws, so it seems that running a project of equity crowdfunding on a funding portal is prohibited now in Taiwan. In fact, through equity crowdfunding, startups, who traditionally have difficulty obtaining capital, could format capital on early-stage. The Jobs Act, enacted in 2012, focused primarily promoting capital formation and provided exemptions for companies to raise capital through equity crowdfunding. To consider the background of the Jobs Act, the articles in the Jobs Act seems reflect the idea of libertarian paternalism and keep the rules governing equity crowdfunding simple to nudge people. However, in Taiwan, there is “Go Incubation Board for Startup and Acceleration, GISA” which is similar to the equity crowdfunding but managed and leaded by GreTai Securities Market, a quasi-government organization. Furthermore, the rules regarding GISA were primarily designed to provide investor protection but not to promote capital formation. There is no doubt that rules cannot be implemented without a consideration of investor protection, but to balance these two goals is needed. This article is based on the experience of the Jobs Act, and takes the viewpoint of the stakeholders of equity crowdfunding into account to rethink the laws regarding equity crowdfunding and GISA in Taiwan. In the view of regulatory humility, laws regarding equity crowdfunding and GISA should nudge people and promote capital formation but would not unduly compromise investor protection.
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Chou, Huan-hui, and 周桓輝. "Legal Study on Relevant Issues of EasyCard." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/31714817718871672305.
Full textAbstract:
碩士東吳大學
法律學系
100
On January 13, 2009, the Legislative Yuan enacted the Act Governng Issuance of Electronic Stored Value Cards, and abolished Article 3, Section2 of the Regulation Governing Approval of the Issuance of Stored Value Cards on February 2, 2012. Therefore , the multi-purpose stored-value card issuers are not longer confined to the banking sector. The non-bank sector also engage in multi-purpose stored-value cards. Only EasyCard Corporation is a non-banking and also approved by the FSC to issue multi-purpose electronic ticket. EasyCard Corporation has contracted special institution has more than 10,000, and consumers are closely related. the purpose of EasyCard in payment will be bring the convenience of the cardholder to use. However , the card processing mechanism and related laws and regulations are sufficient to protect the interests of consumers if the cardholder occurred the events, such as card loss, theft and damage, unauthorized electronic funds transfer, forged, altered or crack the encryption mechanism risk...etc. In addition, it will be a serious issue how to avoid related improper use of the message or leakage once the transaction information and personal information of cardholder's whether registered or bearer money card, to collect, use and processing of personal data. This Study expect to by consumers to explore the for cardholders consumer rights and privacy protection of our legal system is full in order to put forward manner in the legal system and practice should be more properly appropriate and recommended once the consumer have dispute when they use the EasyCard.