Relevant bibliographies by topics / Practical legal problems

Academic literature on the topic 'Practical legal problems'

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Published: 4 June 2021
Last updated: 19 February 2023

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Journal articles on the topic "Practical legal problems"

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Fargiev, I. A. "Legal Relations: Debatable Theoretical and Practical Problems." RUSSIAN JUSTICE 4 (April 2019): 91–102. http://dx.doi.org/10.17238/issn2072-909x.2019.4.91-102.

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Harwood, J. H. "Legal and Practical Problems of Effluent Disposal." Journal of the Society of Dyers and Colourists 77, no. 11 (October 22, 2008): 537–43. http://dx.doi.org/10.1111/j.1478-4408.1961.tb02405.x.

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Ulugbek, Mirzo, and Sadikov Khamid Yuldashevich. "Practical-legal problems of the land procedural affairs." Asian Journal of Multidimensional Research (AJMR) 8, no. 3 (2019): 21. http://dx.doi.org/10.5958/2278-4853.2019.00079.x.

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Van Dyke, Jon M. "Legal and Practical Problems Governing International Straits 1." Ocean Yearbook Online 12, no. 1 (1996): 109–25. http://dx.doi.org/10.1163/221160096x00085.

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Mickiewicz, Lyudmila A. "Administrative and Legal Act: Classical Theory and Practical Problems." Journal of Siberian Federal University. Humanities & Social Sciences 8, no. 10 (October 2015): 2033–40. http://dx.doi.org/10.17516/1997-1370-2015-8-10-2033-2040.

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Suprun, Yana Ivanovna, and Anastasiya Maksimovna Kozlova. "Practical and theoretical problems of legal regulation of surrogacy." Политика и Общество, no. 1 (January 2021): 1–12. http://dx.doi.org/10.7256/2454-0684.2021.1.35608.

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The subject of this research is the legal norms applied to the surrogacy program as an independent institution that requires a separate place in the system. The object of this research is the social relations arising in the sphere of surrogacy procedures for future parents, as well as protection of the rights of a child born from artificial insemination. Special attention is given to such aspects as the surrogacy contract, registration of a child born to a surrogate mother, court opinion on the refusal to register a child born to a surrogate mother, and right of a single father to register a child born to a surrogate mother. The novelty of this article lies the analysis and examination of case law dedicated to the practical and theoretical problems of using surrogacy. The definitions are provided to the concepts of surrogacy and surrogate mother. Recommendations are made on the amendments to family and civil legislation by introducing norms that would regulate and determine the legal nature of surrogacy contract, norms on the child’s registration by the genetic parents who are not legally marries, as well as norms that to regulate the rights and responsibility, legal status of the father of a child born to a surrogate mother.
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Brahams, Diana. "Clinical trials — some medical, ethical, legal and practical problems." Journal of Management in Medicine 1, no. 4 (April 1986): 347–56. http://dx.doi.org/10.1108/eb060456.

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Dheeraj, Abhaykumar B., and Sudhir D. Nanandkar. "Practical Problems Encountered in Conducting Medico-Legal Autopsies in Custodial Deaths: A Research Study." Indian Journal of Forensic Medicine and Pathology 10, no. 3 (2017): 188–91. http://dx.doi.org/10.21088/ijfmp.0974.3383.10317.2.

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Ershov, V. V. "Russian Regulatory Legal Acts and Regulatory Legal Agreements." Rossijskoe pravosudie 4 (March 24, 2020): 16–27. http://dx.doi.org/10.37399/issn2072-909x.2020.4.16-27.

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The article analyzes theoretical and practical problems of Russian normative legal acts and normative legal agreements, including differentiation of concepts «sources of law» and «forms of law»; problems of advanced lawmaking, «rule of law», principles of law, correlation between principles of law and norms of law, adoption of the Code «Sources and forms of law in Russia».
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Cullen, MH. "Introducing New Treatment for Cancer. Practical, Ethical and Legal Problems." British Journal of Cancer 66, no. 6 (December 1992): 1207. http://dx.doi.org/10.1038/bjc.1992.446.

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Dissertations / Theses on the topic "Practical legal problems"

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Chay, Allan James, and N/A. "Lawyer Problem Solving: An Investigation of the Knowledge Used in Solving Practical Legal Problems." Griffith University. School of Education and Professional Studies, 2007. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070927.100346.

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This study investigates the knowledge that legal practitioners use to solve authentic practical legal problems in naturalistic settings. The study examines the declarative and procedural knowledge that practitioners use in that context and whether experienced practitioners use knowledge organised in encapsulated and script form (Boshuizen & Schmidt, 1992; Schmidt, Norman, & Boshuizen, 1990) to enable ‘expert’ performance. The purpose of the study is to provide an empirically-based understanding of the knowledge used in solving real-life practical legal problems, for the information of the providers of practical legal training in Australia and other common law countries. The providers of that training use assumptions about that knowledge and how it is acquired, which do not always rest on coherent theoretical or empirically-derived foundations. The study uses the lawyering literature to identify the knowledge such literature considers is required to solve practical legal problems in lawyer and client interview settings. The study also examines the assumptions about the nature of that knowledge, and how it is acquired, which are apparent in the approaches of the providers of practical legal training. The limitations of those assumptions are identified from a cognitive perspective. The study examines cognitive conceptions of the knowledge used in problem solving in particular fields and how that knowledge becomes proceduralised and organised into structures called chunks and schemas. A particular examination is made of cognitive theories developed in the field of medical problem solving, which use the concepts of ‘encapsulations’ and ‘illness scripts’ to explain ‘expert’ performance in diagnosing disease in clinical settings. This analysis is used to synthesise the prediction that experienced legal practitioners may develop and use structures similar to encapsulations and illness scripts in problem solving. This prediction is based on the similarities between the way medical practitioners and legal practitioners are educated and trained, and are taught to solve problems using a hypotheticodeductive method (or a domain variant in the case of law), and on the similarities between clinical settings and lawyer and client interview settings. The study also examines theories that explain human problem solving by reference to a metaphorical ‘problem space’, and synthesises the prediction that practical legal problem solving can be explained by a problem space theory that was developed to accommodate complex, ill-defined problems. That theory uses the concepts of a problem zone to reflect the ill-defined nature of the problem as presented to the problem solver, a search and construction zone to reflect the phenomenon that the problem solver will have to construct operators to use to solve the problem, and a satisficing zone to reflect the phenomenon that there will be no single unambiguous solution to the problem (Middleton, 1998). The study uses the lawyering literature to identify the characteristics of practical legal problems in a lawyer and client interview setting. The cognitive literature is used to identify the cognitive conceptions that correspond to those characteristics. It is argued that these problems are complex, ill-defined problems that have to be found by the problem solver using weak problem solving strategies such as problem decomposition, attribute identification and means-ends analysis (Simon, 1973; Dillon, 1982; Newell, 1980). Based on these predictions two research questions are developed as follows: How do legal practitioners find and construct practical legal problems? Are there differences in the knowledge that experienced legal practitioners use and that which novice practitioners use? Do those differences reflect differences in the individual practitioner’s underlying knowledge and how that knowledge is organised? These questions are investigated in four case studies. Two of these studies involve experienced legal practitioners and two involve novices. These studies reveal that all the subjects used similar general problem solving strategies to find and construct problems. The subjects all constructed a series of problems rather than one large problem. The subjects did not all find and construct the same problems and some subjects’ constructions of problems changed as new information came to light. Most subjects did not finish the construction of problems at the interview. The processes that the subjects use to construct problems can be explained by Middleton’s (1998) problem space model, although this study suggests that model needs to be modified to accommodate the on-going emergent character of practical legal problems as they occur in lawyer and client interview settings. The investigation revealed qualitative differences between the problem attributes and moves that the experienced subjects identified and those that the novices identified. In summary, the experienced subjects identified attributes and moves that were more detailed, more directly related to the ‘facts’ and more concrete than those that the novices identified. Both the experienced subjects and the novices appeared to rely on recognition (Newell & Simon, 1972) to identify problem attributes and moves rather than on any apparent step-by-step legal analysis and reasoning process. This study suggests that the superior performance of the experienced subjects may be explained by their use of knowledge in encapsulated and script form, as predicted. The study discusses the implications of its findings for practical legal training courses as a need to provide students with general problem solving knowledge, provide them with the knowledge that they will need to recognise problems in specific areas of practice, to help them start to develop knowledge in encapsulated and script form, and to develop an understanding of the limits of institutional training in developing professional expertise.
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Griffiths-Baker, Janine Elizabeth. "Conflicts of interest, fiduciary duties and regulatory rules : the problems of modern legal practice." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/f3ce9fd3-a953-469a-a61d-e5074b74c830.

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Sherwood-Johnson, Fiona. "Exploring the meaning of protection from abuse : problem construction in Scottish adult support and protection practice and policy." Thesis, University of Stirling, 2013. http://hdl.handle.net/1893/17004.

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This PhD project by publication begins to explore how Scottish adult support and protection (ASP) policy and practice carves out its role and remit. It examines the ways that concepts like “abuse”, “vulnerability” and “protection” have been constructed, both by individual practitioners and at a policy level. The submission comprises five papers published in peer-reviewed journals and this contextualising document, which knits together the work and draws out overall conclusions and implications. The papers themselves report on a literature review, a further analysis of case study research into ASP practice and a critical policy comparison. The case study research was conducted immediately prior to legislative changes in Scotland with respect to ASP, and the policy comparison was conducted subsequently to these changes. Overall, the findings highlight the ways that a social constructionist approach can usefully deepen our understandings of ASP. That is, they show how understanding concepts like “protection”, “vulnerability” and “abuse” to be actively constructed in unique and complex contexts can promote criticality in policy-making, practice and research.
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Aziz, Omer. "An exploration of the practice of prescribing and use of medicines, with a special focus on self-medication practices in the context of developing reform within the health care system in Kurdistan-Iraq." Thesis, De Montfort University, 2017. http://hdl.handle.net/2086/16083.

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This research has been undertaken to evaluate factors with an association with the practice of self-medication amongst respondents living within three cities within Kurdistan. The research was designed to be a cross-sectional one by arranging for data collection through the direct interviewing of respondents via the use of a questionnaire that had been prepared previously. In total, the investigation involved 627 pharmacist participants, 647 general participants, and 28 interviewees from various age groups. An explanatory design is a mixed methods approach with two phases, with quantitative data collection in the first phase, and qualitative data collection in a second; data collection was conducted using a non-probability convenience sampling technique. The primary reason for self-medication practice was that participants with previous experience of attending to the same disease. The information source regarding self-medicated drugs were previous prescriptions, community pharmacies and friends. The most common indication for self-medication was the common cold or fever/headache/infection, the drugs used to treat these conditions being most commonly antibiotics, then painkillers and preparations for coughs. From the general public, a sample of 647 participants was taken that consisted of 38.4% females and 61.6% males, with participant ages ranging from 18-70 years. Within the study, 12.4% of the cohort had a degree level of education from a university. Moreover, 243 participants had the belief that it was an acceptable practice to purchase antibiotics without a prescription. Self-medication was practiced by 14/28 of the interviewees, and 28/28 (100%) of the interviewees held the belief that the pharmacy always has someone with knowledge of medicines, and who can advise and provide medication. There were 627 pharmacist participants, of which 28.1% were female and 71.9% were male, and 57.2% of them holding a Diploma in Health Institution, and 39.2% of them having a Bachelors Pharmacy degree. 20.7% of participants disagreed with keeping records for the dispensing of drugs, and approximately 20% of participants had little or no ideas regarding the characteristics of pharmacy practice that are considered professional. It was discovered that, if asked by the customer, advice was provided by 82.5% of community pharmacists. The sale of antibiotics was the most common, followed by pain-killers. A 95.5% proportion of pharmacists sold all of the medicines as OTC medicine without prescription. In conclusion, medicines are used by the people of Kurdistan in an inventive way, with suggestions provided by lay people and members of family or friends, which is acted upon without a qualified healthcare professional being consulted.
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Wu, Ko Chun, and 吳可鈞. "Legal Issues on Athletes of National Teams - Cases, Problems and Practice in Taiwan." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/ae6sk5.

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碩士
國立清華大學
科技法律研究所
103
Being selected as a national representative means a great honour to the athlete. For the private sport governing bodies, selection and training of national team members are their essential jobs. However, these ‘private’ sports organizations were used to be controlled by the public authoritative sectors in Taiwan, and continue to run under local government agency’s supervision or guide. This study aims to clarify on what grounds can Taiwanese government claim its legitimacy on intervention in private sporting affairs; moreover, to settle the legal issues derived from national teams related disputes. To analyze government’s role in sporting affairs and its practice in Taiwan, this article begins with the discussion on the normative structure which built upon statutory regulations such as the National Sports Act, the Civil Code, the Civil Associations Act and other relevant administrative rules. The research of these regulations helps to explain the official authority’s duties and the legal nature of sporting associations. Followed by introducing some judicial cases raised by athletes or sports associations, this study explores domestic courts’ opinions on national athletic teams and sporting events related disputes to figure out the common approach of the judicial review on sporting affairs. Finally, through a comparative study on Australian cases, this article focuses on the critical characteristic of contracts in sports area and contract law’s application on selection policy and selection agreement. This study discovers that: first, the government is obligated to provide necessary aids and supervisory measures to private sports organizations but the public sectors only have limited duties and power on private sporting affairs, including national athletic teams related business; second, courts tend to be reluctant to intervene in private sporting organisations’ domestic disputes unless there is a breach of statutory regulations or there are some factors connecting with the administrative disposition. In conclusion, the domestic sport governing bodies in Taiwan, as the cornerstone of sports area, have to take main responsibilities of national teams affairs and shall perform good governance in organisation administrations.
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LIN, JIA-LING, and 林佳陵. "A Study on the Legal Practice and Problem with Recordation of Servitude of Real Property." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/35qkg9.

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碩士
國立臺灣海洋大學
海洋法律研究所
107
Abstract In the face of sudden shift in the global economy, as well as the impact of social change and shifts in demographic structure, the government announced on February 3rd, 2010, and subsequently passed into law by presidential order on August 3rd of the same year, to amend “easement” to “servitude of real property”, as part of a process to improve various servitude of property policies. Servitude of real property, according to Civil Code, Article 851, is “the right to use the property of another person for accessing, drawing water, lightening, surveying, telecommunication or other specific convenience of one’s own property.” It refers to, after entering into a contract, the application of servitude of the real property at the applicable land office, to protect the registration formula principle of real estate rights, as well as transactional security. This thesis is structured into six chapters, and analyzes practical cases, with the purpose of proposing amendment to improve the current legal practice. Chapter one expounds the motivation, purpose, field, method, literature, structure, and process of this research. Chapter two discusses the theory of servitude of real property, and analyzes the meaning, characteristics, and categories of servitude, the methods of obtaining servitude, the rights and obligations of dominant and servient tenement, and their respective statutes of limitation and acquisitive prescription. Chapter three discusses and analyzes the legal issues that arise in the practice of servitude registration, in particular existing roads, the right of passage through landlocked lands, drawing water, lightening, surveying, telecommunication, and other specific conveniences, as well as the obstacles and structural nature of the legal issues that arise from the practice of land registration in land administration. Chapter four presents case studies and proposes amendment to current laws, and in particular surveys the obstacles of the individual cases in the author’s practice of land registration, and reviews the conflicting paradoxes between law and its practice, proposing moderate amendments to the law to conform it with the reality of its practice. Chapter five reviews the regulations and practice of registering servitude of real property, and proposes amendments to the faults in regulations that hinder operation, so as to avoid seriously damaging the rights of land owners. Chapter six concludes a summary of the proposals for amendment gathered from the author’s practical Chapter one expounds the motivation, purpose, field, method, literature, structure, and process of this research. Chapter two discusses the theory of servitude of real property, and analyzes the meaning, characteristics, and categories of servitude, the methods of obtaining servitude, the rights and obligations of dominant and servient tenement, and their respective statutes of limitation and acquisitive prescription. Chapter three discusses and analyzes the legal issues that arise in the practice of servitude registration, in particular existing roads, the right of passage through landlocked lands, drawing water, lightening, surveying, telecommunication, and other specific conveniences, as well as the obstacles and structural nature of the legal issues that arise from the practice of land registration in land administration. Chapter four presents case studies and proposes amendment to current laws, and in particular surveys the obstacles of the individual cases in the author’s practice of land registration, and reviews the conflicting paradoxes between law and its practice, proposing moderate amendments to the law to conform it with the reality of its practice. Chapter five reviews the regulations and practice of registering servitude of real property, and proposes amendments to the faults in regulations that hinder operation, so as to avoid seriously damaging the rights of land owners. Chapter six concludes a summary of the proposals for amendment gathered from the author’s practical experience, in the hopes of strengthening the development of our nation’s rule of law in “servitude of real property” and “quasi-easement”, by further carefully analyzing, reviewing, and recommending the current law, in view of the author’s practice of it, so as to integrate theory and practice, understand the cause of such legal cases, and remedy the practical complications, so as to in the hopes of strengthening the development of our nation’s rule of law in “servitude of real property” and “quasi-easement”, by further carefully analyzing, reviewing, and recommending the current law, in view of the author’s practice of it, so as to integrate theory and practice, understand the cause of such legal cases, and remedy the practical complications, so as tocomplement the current laws, and help prevent the new laws from being ignored and existing in name only. “Domestic affairs are the foundation of government, and land administration is the basis of national governance,” the economic development and social stability of a nation is inseparable from its practice of land administration. This thesis summarizes the intention behind the related judicial precedents set by the Judicial Yuan, as well as the Tax and Land Administration Law Journal of the Land Administration Agent Association of R.O.C., in the hopes of concluding professional opinion on the servitude of real property, and to build a more holistic system of understanding from these practical cases. Such cases are provided as reference, to inquire whether the new laws on servitude of real property are appropriate, and appeal to the related government agencies to value the prescience of servitude of real property. This thesis hopes to improve national competitive power, respond to social change, encourage the government to promote the electronization of land administration services, and to serve the people’s expectations with “Integrity, Professionalism, Efficacy, and Care”, to promote the advancement and development of society, and seek maximum welfare for the people. Keywords: servitude of real property, quasi-easement, existing roads, right of passage in landlocked lands, drawing water, lightening, surveying, telecommunication or other specific conveniences, land registration review handbook
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Books on the topic "Practical legal problems"

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1949-, Vogelman Lawrence A., Ruoff David W, and Pridgen Dee, eds. Eyewitness identification: Legal and practical problems. 2nd ed. [St. Paul, Minn.]: West/ Thomas Reuters, 2013.

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Intermediated securities: Legal problems and practical issues. Oxford: Hart Pub., 2010.

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Legal drafting: Practical exercises and problem materials. St. Paul, Minn: West Group, 1999.

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McKinney, Ruth Ann. Legal research: A practical guide and self-instructional workbook. 3rd ed. St. Paul, Minn: West Group, 2001.

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Legal research: A practical guide and self-instructional workbook. 2nd ed. St. Paul, Minn: West Group, 2000.

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Scott, Childs, and Flanary-Smith Amy, eds. Legal research: A practical guide and self-instructional workbook. 5th ed. St. Paul, Minn: Thomson/West, 2008.

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Legal research: A practical guide and self-instructional workbook. St. Paul, Minn: West Pub. Co., 1996.

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Seminar on Legal Ethics (2nd 1997 Portland, Or.). Theory into reality: Practical problems of implementing legal ethics. [Portland, Or: Northwestern School of Law of Lewis and Clark College, 1997.

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J, Williams C., ed. Introducing new treatments for cancer: Practical, ethical, and legal problems. Chichester: Wiley, 1992.

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Goldman, Charles. Disability rights guide: Practical solutions to problems affecting people with disabilities. 2nd ed. Lincoln, Neb: Media Pub., 1991.

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Book chapters on the topic "Practical legal problems"

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Maderová, Karla. "Právní vztah příspěvkové organizace zřízené územním samosprávným celkem k dlouhodobému majetku a jeho interakce s rozpočtem, hospodařením a financováním příspěvkové organizace ze strany zřizovatele." In Interakce práva a ekonomie, 164–88. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.m210-9934-2021-10.

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The article is a reflection on the legal regulation of property management of a contributory organization established by a territorial self-governing unit and the practical problems that the current legislation brings. It deals with the various legal relationships that these organizations may have to the long-term assets, which the contributory organizations use most often due to the transfer to the founder, but also due to the right of ownership, and very often also on the basis of a loan agreement. In the article I will deal with the legal regulation of these institutes and their mutual comparison.
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Anderson, Bruce. "“Discovery” in Practical Problem-Solving." In “Discovery” in Legal Decision-Making, 131–42. Dordrecht: Springer Netherlands, 1996. http://dx.doi.org/10.1007/978-94-017-0554-7_7.

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Hallinan, Dara. "Biobank Oversight and Sanctions Under the General Data Protection Regulation." In GDPR and Biobanking, 121–44. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_8.

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AbstractThis contribution offers an insight into the function and problems of the oversight and sanctions mechanisms outlined in the General Data Protection Regulation as they relate to the biobanking context. These mechanisms might be considered as meta-mechanisms—mechanisms relating to, but not consisting of, substantive legal principles—functioning in tandem to ensure biobank compliance with data protection principles. Each of the mechanisms outlines, on paper at least, comprehensive and impressive compliance architecture—both expanding on their capacity in relation to Directive 95/46. Accordingly, each mechanism looks likely to have a significant and lasting impact on biobanks and biobanking. Despite this comprehensiveness, however, the mechanisms are not immune from critique. Problems appear regarding the standard of protection provided for research subject rights, regarding the disproportionate impact on legitimate interests tied up with the biobanking process—particularly genomic research interests—and regarding their practical implementability in biobanking.
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Addobbati, Andrea. "Principles and Developments of General Average: Statutory and Contractual Loss Allowances from the Lex Rhodia to the Early Modern Mediterranean." In General Average and Risk Management in Medieval and Early Modern Maritime Business, 145–66. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-04118-1_6.

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AbstractThe purpose of GA is to partition the damage of maritime transport in an equitable and proportional way among all those who took part in the expedition. The legal principle is commonly deduced from the famous Lex Rhodia de jactu contained in the Digest, which would seem to limit the right of indemnity only to those losses which have been suffered voluntarily in order to save the ship, the men and most of the cargo. This limitation, which excludes all damages of fortuitous nature, will become axiomatic in the jurisprudence of the early modern age, but in more ancient times it was not always strictly observed, and above all it leaves open a space of indecision from which derive innumerable problems of practical order.
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"Practical Problems in Translation Explained (I)." In Legal Translation Explained, 153–77. Routledge, 2014. http://dx.doi.org/10.4324/9781315760346-7.

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"Practical Problems in Translation Explained (II)." In Legal Translation Explained, 178–94. Routledge, 2014. http://dx.doi.org/10.4324/9781315760346-8.

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"PRACTICAL PROBLEMS IN PRIVILEGE ENACTMENT." In Medical Confidentiality and Legal Privilege, 111–43. Routledge, 2002. http://dx.doi.org/10.4324/9780203408056-7.

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Denysova, A. V. "THEORETICAL-LEGAL CHARACTERISTICS OF LEGAL CONFLICT IN LEGAL RELATIONS ON ADMINISTRATIVE SUPERVISION." In THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS, 72–92. Liha-Pres, 2019. http://dx.doi.org/10.36059/978-966-397-177-3/72-92.

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Podobnyi, О. О. "ACTUAL PROBLEMS OF COVERT INVESTIGATION." In THEORETICAL AND PRACTICAL PROBLEMS OF THE LEGAL REGULATION OF SOCIAL RELATIONS, 227–45. Liha-Pres, 2019. http://dx.doi.org/10.36059/978-966-397-177-3/227-245.

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Gur, Noam. "The Functional Argument." In Legal Directives and Practical Reasons, 97–132. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199659876.003.0007.

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This chapter discusses law’s capacity to fulfil its conduct-guiding function within different frameworks of practical reasoning. A functional argument of Raz is initially presented: according to this argument, authorities—including legal authorities—would not be able to fulfil their intended function if their directives operated as reasons for action that compete with opposing reasons in terms of their weight, rather than as pre-emptive reasons (Section 6.1). Several grounds for this argument are considered and found to be inadequate (Section 6.2). The spotlight is then directed onto another relevant consideration: law’s structural suitability to counteract several situational biases operative in contexts of individual and collective action (Sections 6.3.1–6.3.5). It is argued that law’s pivotal role in addressing practical problems linked with those biases strongly militate against the weighing model (Sections 6.3.6). Finally, the implications of those biases for the pre-emption thesis are discussed (Sections 6.3.7).
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Conference papers on the topic "Practical legal problems"

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Tertyshnyi, Vadim Alekseevich. "Legal problems of the Russian Constitution of 1993." In V International Scientific and Practical Conference. TSNS Interaktiv Plus, 2018. http://dx.doi.org/10.21661/r-470872.

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Zelenskaya, Natalia Vyacheslavovna. "The problems of legal rulemaking of local authorities." In X International Scientific and Practical Conference. TSNS Interaktiv Plus, 2017. http://dx.doi.org/10.21661/r-116580.

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Pechersky, V. V. "MODERN LEGAL AND ORGANIZATIONAL PROBLEMS FORENSIC AND EXPERT ACTIVITIES." In MATERIALS VIII International Scientific and Practical Conference. Izdatelstvo Prospet LLC, 2021. http://dx.doi.org/10.31085/9785998811869-2021-8-242-245.

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Vorontsova, Elena. "LEGAL SUPPORT FOR ENVIRONMENTAL SAFETY: THEORETICAL AND PRACTICAL PROBLEMS." In SGEM2017 17th International Multidisciplinary Scientific GeoConference and EXPO. Stef92 Technology, 2011. http://dx.doi.org/10.5593/sgem2017/54/s23.045.

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Didenko, O. A. "PROBLEMS OF PRODUCTION OF THE LEGAL CHERKISTIC EXPERTISE IN MODERN CONDITIONS." In MATERIALS VIII International Scientific and Practical Conference. Izdatelstvo Prospet LLC, 2021. http://dx.doi.org/10.31085/9785998811869-2021-8-74-78.

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Davis, G. G. "Cloning the IBM PS/2 series-legal and practical problems." In COMPCON Spring 88. IEEE, 1988. http://dx.doi.org/10.1109/cmpcon.1988.4889.

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Stepanenko, Raviya, Alena Soldatova, Yakov Soldatov, Kirill Lyagin, and Ayaz Saifullin. "Methodological problems of countering terrorism: a theoretical-legal aspect." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.rqkx5127.

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The article discusses the theoretical and methodological problems of studying terrorism and the system of measures to counter it. Traditional methodological approaches have remained the important ways of organizing legal knowledge; they do not fully provide a comprehensive, integrated and systematic analysis of the extremely destructive manifestations of terrorism. Taking into account the implicitness of the methodology of positivist jurisprudence, which assigns a dominant role to the legislative sphere in the prevention of offenses, including crimes, the authors substantiate a synergetic approach. The latter, defining social systems as open rather than closed formations, contributes to a significant expansion of ideas about the negative impact of many factors (political, economic, socio-cultural ones, etc.) on the formation and development of terrorist ideas, views, goals and ways of their implementation. Russian and foreign legislation also notes a multifactorial set of reasons that contribute to the spread of ideology and the transformation of terrorist views and ideas in different states. The interdisciplinarity of synergetics, which studies the phenomenon (system) under consideration, should contribute to the development of a unified scientific view of the nature and essence of terrorism, which is necessary to improve rule-making and law enforcement in matters of global counterterrorism.
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Boutchkova, Pamela. "THEORETICAL-PRACTICAL PROBLEMS OF CERTIFICATION ADMINISTRATIVE ACTS." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.163.

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The provision of administrative services occupies a significant share of the activities of administrative bodies. The implementation of this activity is related to the issuance of administrative acts. The wording of the relevant legal norms is imperfect and leads to differences and variations in theory and in practice, regarding the essential characteristics of these acts, which in turn presupposes problems in the law enforcement.
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Rekhtina, I. V., M. A. Bolovnev, and G. N. Aksenova. "Theoretical and practical problems of evaluation categories in civil legal proceedings." In Proceedings of the International Conference on Sustainable Development of Cross-Border Regions: Economic, Social and Security Challenges (ICSDCBR 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icsdcbr-19.2019.120.

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Morozova, Oksana. "The legal mechanisms to counter terrorism: the international legal aspect." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.bcep8599.

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The article analyzes the content and meaning of the concept of international terrorism, as well as the functions of states to ensure the security and effectiveness of counter-terrorism. The study is based on the development of legal mechanisms to prevent terrorism through international law. In recent years, we have seen an international threat to state sovereignty by acts of international terrorism. The political structure and power methods of some states operate in such a way that all counteraction to international terrorism is reduced to minimization. Any civilized society cannot exist without legal support and protection of its citizens. A special task of the state in the field of international terrorism, appears to be the sustainable regulation of relations in modern society, in search of cooperation and compromise in solving global and regional problems, the effective operation of international legal acts. An analysis of doctrinal and normative sources has shown that the causes of modern terrorism lie in both the contradictions between states in defining the term "international terrorism" and the means of preventing terrorism. The findings on the nature of international terrorism suggest that legal mechanisms to counter international terrorism must be adopted in compliance with the doctrine of the rule of law and respect for the protection of citizens' rights, as well as the provisions of international law. Offers the author's answer to the research question on the legal mechanism and causes of ineffective counteraction to international terrorism. The goal of the modern state is to ensure the fullest realization of the rights of citizens against terrorism, by providing at the state and international level ways to ensure and protect them. Problems of international terrorism are addressed in both scientific and academic literature.
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Reports on the topic "Practical legal problems"

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Кобзарь-Фролова, М. Н. НОВЫЕ ФЕНОМЕНЫ ПЕРИОДА ПАНДЕМИИ COVID-2019 (В КОНТЕКСТЕ АДМИНИСТРАТИВНО-ПРАВОВОГО ОБОСНОВАНИЯ И РЕГУЛИРОВАНИЯ): ПОСТАНОВКА ПРОБЛЕМЫ. DOI CODE, 2021. http://dx.doi.org/10.18411/0412-1959-2021-12621.

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The rapid spread of the disease associated with the action of CAVID-2019 mediated the emergence of not only new phenomena, but also a group of new relationships associated with the action of prohibitions, restrictions, and the introduction of coercive measures. The author draws the attention of the scientific community to the legislative gaps that have arisen and to the fact that new phenomena have not been studied, described by legal science, and their characteristics are not given, which means that problems may arise in the practice of applying new phenomena, as well as the operation of prohibitions and restrictions. In conclusion, the relevant conclusions are drawn
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Ali, Rassul. Konzeptentwicklung für CDM-Projekte - Risikoanalyse der projektbezogenen Generierung von CO2-Zertifikaten (CER). Sonderforschungsgruppe Institutionenanalyse, 2007. http://dx.doi.org/10.46850/sofia.9783933795842.

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The Clean Development Mechanism (CDM) is a complex legal-institutional system that, on the one hand, offers industrialized countries options for cost-effective emission reductions and, on the other, provides developing countries with opportunities for sustainable development. Investors face the difficulty of identifying suitable CDM projects from approximately 130 possible host countries and nearly 60 possible project activities. In order to develop points of reference for strategic investments, this paper identifies and categorizes the risks arising in the value creation process of bilateral energy projects into four action-related levels. At the host level, the focus is on political-institutional and sector-specific risks, while at the investor state level, the legal design of the CDM's complementary function is relevant. The project level covers technology- and process-related risks, with the identification of the reference case and the proof of additionality posing particular problems. The future design of the CDM and the reform of the procedure at the UNFCCC level pose a fundamental risk. A two-stage assessment procedure is proposed for risk assessment: a rough analysis captures sociographic, climate policy, institutional and sector-specific criteria of the host. The differentiation of the project stage allows the localization of the project in the value chain and a differentiation regarding the use of methods. The assessment of project registration is based on the methods used and gives recognition rates per method and project category; project performance is measured in terms of the ratio of emission reductions actually realized to those planned in the project documentation. A detailed analysis following the coarse analysis provides qualitative guidance for project evaluation. These include the Executive Board's methodological principles, correct application of methodologies, identification of the reference case, proof of additionality, as well as the financial conditions of the relevant sector and publicity-related aspects. Despite individual hosts and project technologies, the developed two-step risk analysis allows, with relatively little effort and in line with business practice, an initial assessment of CDM project risks, so that overall it lays a fundamental building block for the elaboration of a strategic implementation and sustainable investment under the CDM.
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Rahmé, Marianne, and Alex Walsh. Corruption Challenges and Responses in the Democratic Republic of Congo. Institute of Development Studies, January 2022. http://dx.doi.org/10.19088/k4d.2022.093.

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The Democratic Republic of the Congo (DRC) consistently scores in the lowest rungs of global indexes on corruption, integrity and wider governance standards. Indeed, corruption of different sorts pervades public and corporate life, with strong ramifications for human development. Although the DRC is one of the richest countries in the world in terms of natural resources, its people are among the globe’s poorest.Corruption in the extractive industries (minerals and oil) is particularly problematic in terms of scale and its centrality to a political economy that maintains elites and preserves the highly inequitable outcomes for the majority. The politico-economic elites of the DRC, such as former President Joseph Kabila, are reportedly significant perpetrators but multinationals seeking valuable minerals or offering financial services are also allegedly deeply involved. Corruption is therefore a problem with national and international roots.Despite national and international initiatives, levels of corruption have proven very stubborn for at least the last 20 years, for various reasons. It is a structural and not just a legal issue. It is deeply entrenched in the country’s political economy and is driven both by domestic clientelism and the fact that multinationals buy into corrupt deals. This rapid review therefore seeks to find out the Corruption challenges and responses in the Democratic Republic of Congo.Grand level corruption shades down into the meso-level, where for instance, mineral laden trucks are systematically under-weighted with the collusion of state officials. With severe shortfalls in public funding, certain public services, such as education, are supported by informal payments. Other instances of petty corruption facilitate daily access to goods and services. At this level, there are arguments against counting such practices as forms of corruption and instead as necessary survival practices.To address the challenge of corruption, the DRC is equipped with a legal system that is of mixed strengths and an institutional arsenal that has made limited progress. International programming in integrity and anti-corruption represents a significant proportion of support to the DRC but much less than humanitarian and governance sectors. The leading international partners in this regard are the EU, US, UNDP, UK, African Development Bank, Germany and Sweden. These partners conduct integrity programming in general governance issues, as well as in the mineral and forest sectors.The sources used in this rapid review are gender blind and converge on a very negative picture The literature ranges from the academic and practitioner to the journalistic and investigative, and taken as a whole, is of good quality, drawing on different types of evidence including perceptions and qualitative in-country research. The sources are mostly in English with two in French.
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Dopfer, Jaqui. Öffentlichkeitsbeteiligung bei diskursiven Konfliktlösungsverfahren auf regionaler Ebene. Potentielle Ansätze zur Nutzung von Risikokommunikation im Rahmen von e-Government. Sonderforschungsgruppe Institutionenanalyse, 2003. http://dx.doi.org/10.46850/sofia.3933795605.

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Whereas at the end of the 20th century there were still high expectations associated with the use of new media in terms of a democratisation of social discourse and new potential for citizens to participate in political decision-making, disillusionment is now spreading. Even today, the internet is often seen only as a technical tool for the transmission of information and communication, which serves as a structural supplement to "real" discourse and decision-making processes. In fact, however, the use of new media can open up additional, previously non-existent possibilities for well-founded and substantial citizen participation, especially at regional and supra-regional level. According to the results of this study, the informal, mediative procedures for conflict resolution in the context of high-risk planning decisions, which are now also increasingly used at the regional level, have two main problem areas. Firstly, in the conception and design chosen so far, they do not offer citizens direct access to the procedure. Citizens are given almost no opportunities to exert substantial influence on the content and procedure of the process, or on the solutions found in the process. So far, this has not been remedied by the use of new media. On the other hand, it is becoming apparent that the results negotiated in the procedure are not, or only inadequately, reflected in the subsequent sovereign decision. This means that not only valuable resources for identifying the problem situation and for integrative problem-solving remain unused, but it is also not possible to realise the effects anticipated with the participation procedures within the framework of context or reflexive self-management. With the aim of advancing the development of institutionally oriented approaches at the practice level, this study discusses potential solutions at the procedural level. This takes into account legal implications as well as the action logics, motives and intentions of the actors involved and aims to improve e-government structures. It becomes evident that opening up informal participation procedures for citizen participation at the regional level can only be realised through the (targeted) use of new media. However, this requires a fundamentally new approach not only in the participation procedures carried out but also, for example, in the conception of information or communication offerings. Opportunities for improving the use of the results obtained from the informal procedures in the (sovereign) decision-making process as well as the development of potentials in the sense of stronger self-control of social subsystems are identified in a stronger interlinking of informal and sovereign procedures. The prerequisite for this is not only the establishment of suitable structures, but above all the willingness of decision-makers to allow citizens to participate in decision-making, as well as the granting of participation opportunities and rights that go beyond those previously granted in sovereign procedures.
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Child marriage briefing: Zambia. Population Council, 2005. http://dx.doi.org/10.31899/pgy19.1005.

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This brief provides an overview of child marriage as well as the particulars of child marriage in Zambia. This landlocked southern African nation is home to 10.9 million people, with 47 percent of its population under age 15. Zambia is one of the poorest countries in the world; nearly two out of three Zambians live on less than US$1 a day. The country’s economic growth was hindered by declining copper prices and a prolonged drought in the 1980s and 1990s. More recently, the AIDS epidemic has taken a devastating toll: 920,000 adults and children are living with HIV/AIDS, and 630,000 children have been orphaned because of the disease. Child marriage is widespread in Zambia, even though the legal age of marriage is 21 for both males and females. Customary law and practice discriminate against girls and women with respect to inheritance, property, and divorce rights. Domestic violence is a serious problem, with over half of married girls reporting ever experiencing physical violence and more than a third reporting abuse in the past year. Included in this brief are recommendations to promote later, chosen, and legal marriage.
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