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1
Rautenbach, Christa. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 1 (April 24, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2014/v17i1a2295.
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EditorialThe first 11 articles in the first issue of 2014 deal with global legal topics ranging from outer space to domestic South African matters and legal challenges in other African countries, such as Uganda, Nigeria and Zimbabwe. Anél Ferreira-Snyman discusses legal challenges relating to the commercial use of outer space, with specific reference to space tourism. She points out that the current legal framework is outdated and no longer deals adequately with the rapidly developing space tourism industry. Further away from the moon, although it deals with creations of the mind and is just as mysterious for the average person, is the contribution of André van der Walt and Richard Shay, which analyses the South African Constitutional Court's treatment of intellectual property. They focus on the methodology that the Court has formulated to assess if state interference complies with constitutional provisions to determine if state intervention into property interests has been legitimate. The third contribution, by Joel Baloyi, also deals with a creation of the mind, namely copyright. He attempts through a comparative analysis to demystify the role of copyright as a tool for economic development in Africa and criticises the stifling effect the transferability principle has on the effectiveness of copyright in certain African countries. Bradley Slade discusses the differences between the concepts "public purpose" and "public interest" in the context of third party transfers as a result of property being expropriated for the realisation of public purposes in the fourth contribution. The influence of the Constitution of South Africa, 1996 on organ transplants is the topic of the fifth contribution, by Debbie Labuschagne and Pieter Carstens. They come to the conclusion that the South African government has failed to provide an effective legal framework to relieve the shortage of human organs available for transplantation. Sixthly, Lize Mills discusses recently proposed regulations prohibiting the advertising and promotion of infant formulae and other products marketed as being suitable for infants or young children with the purpose of promoting breast-feeding. The last five articles move further afield and deal with legal issues elsewhere in Africa. Dana van der Merwe gives a comparative overview of the relationship between digital information in certain legal fields in South Africa and Uganda. Nazreen Shaik-Premanov examines Zimbabwe's Marange conflict diamond situation and Lovemore Chiduza analyses the Zimbabwean constitutional provisions on judicial independence. Peter Obutte scrutinises ICT laws in Nigeria and the last two authors, Serges Kamga and Ogechukwu Ajoku, reflect on addressing human rights violations by extractive industries in both South Africa and Nigeria.Four notes are also published in this issue. The first one is an overview article by Christa Rautenbach dealing with the modern-day impact of cultural and religious diversity as reflected in the book on "Managing Family Justice in Diverse Societies". The other four notes are case discussions. The first one is a discussion of the case of Government of the Republic of Zimbabwe v Louis Karel Fick by Erika de Wet. The second one is a discussion of the case of Le Sueur v eThekwini Municipality by Warren Freedman, and the last one is a discussion of the case of Apollo Tyres v South Africa (Pty) Ltd v CCMA by Shamier Ebrahim.Editor: Prof C Rautenbach
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Burmistrova, Svetlana A. "Legitimate Interest as Legal Opportunity." JURIST 22 (November 30, 2017): 42–46. http://dx.doi.org/10.18572/1812-3929-2017-22-42-46.
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Klein, Renate C. A., and Helmut Lamm. "Legitimate Interest in Couple Conflict." Journal of Social and Personal Relationships 13, no. 4 (November 1996): 619–26. http://dx.doi.org/10.1177/0265407596134008.
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Loskutov, Tymur, Sergey Miroshnychenko, and Rostyslav Lemekha. "THE CONCEPT OF LEGITIMATE ECONOMIC INTEREST." Baltic Journal of Economic Studies 4, no. 5 (February 11, 2019): 175. http://dx.doi.org/10.30525/2256-0742/2018-4-5-175-178.
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The purpose of the article is to define the concept of legitimate economic interest. The desired result of scientific research is achieved through the following tasks: the study of theoretical representations in relation to economic interest and legitimate interest, the definition of the concept of legitimate economic interest. The subject of the study is the notion of legitimate economic interest. The methodology of the research is a set of general scientific and special methods of scientific knowledge, which using made possible to study economic interest and legitimate interest and made possible the emergence and disclosure of the concept of legitimate economic interest. As a result of the analysis of scientific views on the notion of economic interest, it is established that scientists do not include legal features, which confirm the legality and legitimacy of economic interest, in its content. The inclusion of legal features in the definition of economic interest causes the definition of the concept of legitimate economic interest. It is concluded that legitimate economic interest is reflected in the legislation and follows from its general meaning. It is a simple economic permit, which is guaranteed, to a certain extent, by state bodies, and is expressed in the economic aspirations and economic actions and relations of a person concerning the fact of using of a particular economic good on the basis of the implementation of economic choice, which result is to change the economic situation of the person. As well as, if necessary, this simple economic permit is expressed in seeking protection from the judicial authorities in order to satisfy their own economy’s needs, which do not contradict the public interests, the Constitution and laws of Ukraine, justice, reasonableness, fullness, objectivity, equality, competitiveness and other principles of law. The practical value of scientific research is to reveal the content of an important means of meeting economic needs within the framework of legal regulation. The originality of the research is manifested in the fact that the article attempts to combine signs of economic interest and legitimate interest in defining the concept of legitimate economic interest. This approach provided for the disclosure of the person’s economic aspirations in connection with the rules of law. The prospects for further development in the direction of the study of legitimate economic interest are determined, in particular, concerning the fact of its relation with economic law and peculiarities of realization.
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Rowan, Solène. "THE “LEGITIMATE INTEREST IN PERFORMANCE” IN THE LAW ON PENALTIES." Cambridge Law Journal 78, no. 1 (February 8, 2019): 148–74. http://dx.doi.org/10.1017/s0008197318000958.
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AbstractThe article focuses on the “legitimate interest in performance” requirement which is now at the heart of the new test on penalty clauses but which has been left undefined by the Supreme Court in Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Ltd v Beavis [2016]. It seeks to bring clarity to what is meant by “legitimate interest in performance” by examining other areas of the law of remedies for breach of contract where concepts of legitimate interest have featured in the court’s reasoning. It also makes suggestions as to what considerations are or might be relevant in determining whether a contracting party has a legitimate interest in performance, in particular a legitimate interest that goes beyond compensation.
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Rainsberger, Richard. "Understand ‘legitimate educational interest’ under FERPA." Campus Legal Advisor 19, no. 6 (January 25, 2019): 4. http://dx.doi.org/10.1002/cala.30956.
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Rainsberger, Richard. "Understand ‘legitimate educational interest’ under FERPA." Campus Legal Advisor 19, no. 7 (February 15, 2019): 6. http://dx.doi.org/10.1002/cala.30974.
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Rainsberger, Richard. "FERPA's legitimate educational interest: Some examples." Successful Registrar 18, no. 7 (August 17, 2018): 3. http://dx.doi.org/10.1002/tsr.30507.
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Rainsberger, Richard. "Understand ‘legitimate educational interest’ under FERPA." Disability Compliance for Higher Education 24, no. 9 (March 20, 2019): 7. http://dx.doi.org/10.1002/dhe.30618.
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MALINOVA, A. G. "Are legal definitions of “interest” and “legitimate interest” possible?" Eurasian Law Journal 8, no. 147 (2020): 64–65. http://dx.doi.org/10.46320/2073-4506-2020-8-147-64-65.
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Subochev, V., and A. Sheriev. "LEGITIMATE PERMISSIONS AND SPECIFITY OF THEIR ENFORCEABILITY IN MODERN RUSSIA." MGIMO Review of International Relations, no. 3(36) (June 28, 2014): 180–87. http://dx.doi.org/10.24833/2071-8160-2014-3-36-180-187.
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Northern Caucasus Institute of Advanced Training (branch) of Krasnodar University of Ministry of Internal Affairs of Russia, 123, Malbahova Street, Nalshik, 360016, Russia. Abstract: The article investigates the basic legal permissions in Russian law - legal rights, freedoms and legitimate interests. Potential of these means of legal regulation is examined as well as their common features and essential differences. Authors argue that the effectiveness of the mechanism of legal regulation largely depends on the proper use of legal permissions. Particular attention is paid to such kind of legal mean as a legitimate interest. The article draws attention to the fact that if a legal right or freedom are such kind of permissions which are guaranteed by the law in order to sustain certain demands of subjects of law, the legitimate interest is qualitatively different mean of regulation. The authors suggest considering a legitimate interest as reflected in the objective law legal possibility of subjects of law to enjoy certain social benefits and to seek protection from the state authorities in order to meet their interests which are not contradictory to provisions of law. Qualitative difference between legitimate interest and legal right and freedom is that the legitimate interest is an opportunity, guaranteed to a lesser extent than the permitted behavior within a legal right or freedom. Legitimate interest is a mere permission, admitted by the state and to some extent supported by it. But legal right and freedom - are those means of regulation, which are directly approved and sanctioned by the state which presuppose duty of a person to a particular behavior. The author's vision of the specifity of legal enforcement of legitimate admissions is presented.
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Davies, Iwan. "Transferability and sale of goods." Legal Studies 7, no. 1 (March 1987): 1–38. http://dx.doi.org/10.1111/j.1748-121x.1987.tb00350.x.
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In any system of property law a complete specification of rights and duties raises at least two questions. First, allocation of rights and duties inter se between the parties to the transaction; secondly, the rights and duties of the parties to the original transaction against the rest of the world. The traditional common law analysis where a third party wishes to acquire an indefeasible interest in a chattel is to direct the latter to the ‘owner’ and indeed the prerequisite for the enjoyment of most property rights depends upon our ability to acquire it from someone else. Furthermore, inherent in the idea of acquiring an absolute right in property (title) is exclusivity of possession ie superiority over the transferor and third parties.
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Phan, Huy, Yi Xie, Siyu Liao, Jie Chen, and Bo Yuan. "CAG: A Real-Time Low-Cost Enhanced-Robustness High-Transferability Content-Aware Adversarial Attack Generator." Proceedings of the AAAI Conference on Artificial Intelligence 34, no. 04 (April 3, 2020): 5412–19. http://dx.doi.org/10.1609/aaai.v34i04.5990.
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Deep neural networks (DNNs) are vulnerable to adversarial attack despite their tremendous success in many artificial intelligence fields. Adversarial attack is a method that causes the intended misclassfication by adding imperceptible perturbations to legitimate inputs. To date, researchers have developed numerous types of adversarial attack methods. However, from the perspective of practical deployment, these methods suffer from several drawbacks such as long attack generating time, high memory cost, insufficient robustness and low transferability. To address the drawbacks, we propose a Content-aware Adversarial Attack Generator (CAG) to achieve real-time, low-cost, enhanced-robustness and high-transferability adversarial attack. First, as a type of generative model-based attack, CAG shows significant speedup (at least 500 times) in generating adversarial examples compared to the state-of-the-art attacks such as PGD and C&W. Furthermore, CAG only needs a single generative model to perform targeted attack to any targeted class. Because CAG encodes the label information into a trainable embedding layer, it differs from prior generative model-based adversarial attacks that use n different copies of generative models for n different targeted classes. As a result, CAG significantly reduces the required memory cost for generating adversarial examples. Moreover, CAG can generate adversarial perturbations that focus on the critical areas of input by integrating the class activation maps information in the training process, and hence improve the robustness of CAG attack against the state-of-art adversarial defenses. In addition, CAG exhibits high transferability across different DNN classifier models in black-box attack scenario by introducing random dropout in the process of generating perturbations. Extensive experiments on different datasets and DNN models have verified the real-time, low-cost, enhanced-robustness, and high-transferability benefits of CAG.
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Rainsberger, Richard. "Understand how FERPA regs define ‘legitimate educational interest’." Campus Legal Advisor 18, no. 10 (June 2018): 1–5. http://dx.doi.org/10.1002/cala.30798.
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Rainsberger, Richard. "FERPA's legitimate educational interest: Some examples, part 2." Successful Registrar 18, no. 8 (September 21, 2018): 3. http://dx.doi.org/10.1002/tsr.30516.
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Dolenc, Dubravka. "Legitimate interest as legal grounds for processing personal data." Bankarstvo 49, no. 3 (2020): 145–70. http://dx.doi.org/10.5937/bankarstvo2003145d.
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The article elaborates the legal basis for data processing provided in Article 12, item 6 of the Law on Personal Data Protection, Official Gazette of the Republic of Serbia no. 87 as of 13 November 2018. The article deals with the comparative advantages of implementing this legal basis in relation to others and provides a practical overview in terms of legitimate interest as an equivalent legal basis to other legal bases of data processing. Examples of good practice of the British Supervisory Authority for Personal Data Protection, as well as the practice of the Agency for Personal Data Protection - the Croatian supervisory authority for data protection - are presented, as well as a significant part of the exceedingly relevant Opinion no. 06/2014 of the Working Party referred to in Article 29 of the cited Directive 95/46 (now the European Data Protection Board). Special attention is given to the so-called LIA, a legitimate interest assessment document and a test of the balance between legitimate interest and the rights and freedoms of individuals, with regard to the processing of personal data. Finally, the article presents the safeguards that must be provided to individuals whose personal data are processed - as well as the need for transparency - in terms of informing individuals of the existence of a legitimate interest, as well as all other necessary information that must be provided to ensure the fair and lawful processing of personal data.
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Malbin, D. A. "A Preventive Function of a Negatory Claim." Actual Problems of Russian Law 18, no. 7 (June 23, 2023): 86–96. http://dx.doi.org/10.17803/1994-1471.2023.152.7.086-096.
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A negatory claim may be applied in case of violation of a subjective right. Giving the negatory claim an uncharacteristic preventive function for the purposes of protecting subjective property rights is not necessary, because the desired goal is achieved by using a different method of legal protection and in relation to another object of legal protection, namely, a legitimate interest. An owner is interested in ensuring that his subjective right is not violated. Therefore, he has an interest in third parties acting in such a way that a violation of his right would be excluded. A violation of such a legitimate interest of the owner is the commission by the debtor of actions that will inevitably lead to a violation of property rights. In view of the fact that a subjective duty does not oppose a legitimate interest, a dispute concerning protection of a legitimate interest provides for the resolution of competition between the protection of the plaintiff’s legitimate interest and the defendant’s freedom of action. The court’s duty in such a dispute is to establish a fair balance between competing legal benefits so that the legitimate interests of one or the freedom of the other are not infringed without sufficient grounds. Prevention of violation of subjective property rights can be carried out by such a general method of protection as the suppression of actions that pose a threat of violation of the right, a special case of which is a claim for the prevention of harm. A special real preventive claim brought to prevent the violation of subjective property rights is possible only if the appropriate method of protection is fixed by law. However, in the conditions of the existence of such a universal method of protection as the suppression of actions that pose a threat of violation of the law applicable to all subjective rights, there is no need to consolidate a special real preventive claim.
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Gliner, Jeffrey A. "Reviewing Qualitative Research: Proposed Criteria for Fairness and Rigor." Occupational Therapy Journal of Research 14, no. 2 (April 1994): 78–92. http://dx.doi.org/10.1177/153944929401400202.
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The introduction of qualitative naturalistic research—qualitative research within the paradigm of naturalistic inquiry—into a scholarly tradition that historically has been positivistic has caused concern and controversy among both naturalists and logical positivists in the social sciences. The purpose of this article is to attempt to establish legitimate and fair criteria for the publication of qualitative naturalistic research in occupational therapy. Traditional criteria from the paradigm of logical positivism emphasizing internal validity and external validity are reviewed, and parallel criteria for qualitative naturalistic research, such as credibility and transferability, are examined. Methods such as triangulation, negative case analysis, and testing for rival hypotheses appear to show promise as criteria of fairness and rigor for publication of qualitative naturalistic research in occupational therapy.
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Huntley, John A. K. "Clients as Property: Protection of a Legitimate Trade Interest?" Edinburgh Law Review 11, no. 2 (May 2007): 246–50. http://dx.doi.org/10.3366/elr.2007.11.2.246.
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Rainsberger, Richard. "Understand how to determine legitimate educational interest, Part 1." Successful Registrar 18, no. 5 (June 20, 2018): 1–3. http://dx.doi.org/10.1002/tsr.30485.
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Rainsberger, Richard. "Understand how to determine legitimate educational interest, Part 2." Successful Registrar 18, no. 6 (July 18, 2018): 3. http://dx.doi.org/10.1002/tsr.30497.
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Дашин, Алексей Викторович, Петр Михайлович Малин, and Алексей Васильевич Пивень. "CONCERNING THE STRUCTURE OF PUBLIC LEGAL INTEREST IN CRIMINAL COURT PROCEEDINGS." Vestnik Samarskogo iuridicheskogo instituta, no. 5(46) (December 24, 2021): 26–30. http://dx.doi.org/10.37523/sui.2021.46.5.004.
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В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.
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Idrysheva, S. K., and E. G. Komissarova. "CHILD’S INTEREST, LEGITIMATE INTEREST OF THE CHILD AND THE CHILD’S LEGALLY PROTECTED INTEREST: THEORETICAL AND METHODOLOGICAL APPROACHES TO RESEARCH." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (January 1, 2021): 332–63. http://dx.doi.org/10.33397/2619-0559-2021-3-3-332-363.
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Introduction: populist rhetoric accompanying the concept of “child’s interest” gained its doctrinal tradition almost immediately with the adoption of the current Family Code of the Russian Federation. Regardless of the purpose of interpretation of this concept, its essence is usually reduced to the subjective aspirations of the child, which must be considered by all his social environment. As the textual analysis of the norms of the RF Family Code and the practice of law enforcement shows, the accumulation of experience of inconsistent and synonymous use of the concepts of “child’s interest” without a doctrinal analysis of the concepts related to it – legitimate interest, legally protected interest, and sometimes replaced by it, continues. Not without this, the question of how legal and non-legal relate in this concept remains open and not a little attracts the attention of the doctrine, although science still sends signals about the need for more “fine-tuning”. The purpose of the study is to theoretically recognize these signals using theoretical and methodological tools in order to conduct a theoretical categorization of the legal concepts “interests of the child”, “legitimate interests of the child”, “protected rights and interests of the child” that are actively used in the doctrine of family law and are very inconsistent in legislation. Methods: general scientific (dialectical); private scientific methods of cognition: formallegal, logical. Results: the structure of scientific knowledge about the interests of the child is not obvious today. In many ways, this state is generated by the facts of arbitrary use of interesting terminology. Family law science in this part does not so much create new scientific knowledge, but rather reflects the actual state of Affairs. While the real connection of the concept of child interest with legal matter implies not so much the frequency of its use in family legislation, but rather the connection with objective criteria. Based on the results of the study, the authors came to the following conclusions. One of the possible ways of further legally oriented research of the child’s interests may be to change the existing theoretical positions by attracting arguments based on the principles of regulatory and protective law. It appears to the authors, this approach will be able to distinguish between the interests of the child are significant for the implementation of its legal (legitimate interests) and interests, which in the case of a breach, to restore, to return the child the welfare state, which guaranteed to him by international and domestic law for the purposes of the full development of his personality (interests protected by law).
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Polishchuk, M. "Family law mechanism for protection of legal expectations of family members." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 97–100. http://dx.doi.org/10.24144/2307-3322.2021.67.19.
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The article considers the concept of "legitimate expectations" and explains the elements of the family law mechanism for protecting the legitimate expectations of family members. The national legal literature on the use of the term "legitimate expectations" is analyzed and various translations and understandings are established. It is justified that it is more appropriate to use the term "legitimate expectations", as legitimate expectations can be interpreted to a limited extent and only to the extent provided by law. It is proposed to consider the guarantee of legitimate expectations as a principle which is part of the rule of law and which, in principle, relates to the principles of legal certainty, equality, fairness and good faith..
In our opinion, a guarantee of legitimate expectations is a principle that is part of the rule of law and, in principle, is connected with the principles of legal definition, equality, justice and fairness.
The EU has repeatedly interpreted the concept of "legitimate expectations." In accordance with paragraphs 21 and 24 of a court decision in the case of Fedorenko against Ukraine, the right of ownership may be "existing property" or funds, including the requirements for which the plaintiff can justify them with at least "intelligent expectations" of the possibility of an effective right to right [7].
The understanding of legitimate expectations in the practice of the ECHR and the application of this concept of courts of Ukraine is investigated. The system of norms in the Family Code of Ukraine, aimed at protecting lawful expectations for the implementation of personal non-property and property rights by family members and other participants in family relations are revealed. It is established that legitimate expectations are not right, and is not interest. Interest is motivated to the emergence of law and lawful expectations, and legitimate expectations will precede the origin of the right and may arise in the course of the exercise of law as expecting a certain legitimate result. Family-legal mechanism for the protection of legitimate expectations of participants in family relations includes both institutional and legal elements. An analysis of the norms of the SC of Ukraine showed sufficient tools to protect and protect most lawful expectations of participants in family relations. At the same time, the priority of the lawful expectations of one participants in family relations (for example, a child), on the rightful expectations of other participants in such relations (for example, parents of the child)
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Hameed, Dr Abdul Aziz Shwaish Abdul. "Quantitative Easing and Monetary Policy Legitimate Perspective." Webology 19, no. 1 (January 20, 2022): 3070–88. http://dx.doi.org/10.14704/web/v19i1/web19203.
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Many economists, monetary policy makers and bankers view interest rates as an efficient tool for allocating funds, evaluating the efficiency of projects, and measuring financing costs, and that they are the main indicator of many economic variables and phenomena. Other variables, and enables those authorities to implement the monetary policy desired by them. This has led to an important fact, which is that interest rates have lost their effectiveness as a tool for resource allocation or as an influence on economic, credit and monetary policies, and then central banks resorted to new and unconventional tools and forms of monetary policy with the aim of pumping additional liquidity into the banking system or stimulating economic activity. These unconventional policies are the quantitative easing policy that is called quantitative easing sometimes or credit easing at other times, which is based on the central bank’s resort to buying troubled assets that caused a lack of liquidity in commercial banks, or buying assets and government securities from those banks in order to enable them to Adjusting its liquidity position and resuming its lending activity.
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Stevens, Charlotte. "The State's Legitimate Interest: An Open Letter to Matthew Engel." Adoption & Fostering 23, no. 3 (October 1999): 59–64. http://dx.doi.org/10.1177/030857599902300308.
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Трапезников, Валерий, and Val Trapeznikov. "Legitimate Interest: Concept, Civil and Tax Aspects of the Application." Journal of Russian Law 6, no. 4 (April 6, 2018): 1. http://dx.doi.org/10.12737/art_2018_4_7.
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Rainsberger, Richard. "Review additional notes on school officials and legitimate educational interest." Successful Registrar 14, no. 11 (December 18, 2014): 1–3. http://dx.doi.org/10.1002/tsr.30014.
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Rainsberger, Richard. "Understand the relationship between school officials and legitimate educational interest." Successful Registrar 17, no. 12 (January 15, 2018): 3. http://dx.doi.org/10.1002/tsr.30394.
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Rainsberger, Richard. "Legitimate educational interest and the health and safety emergency exception." Successful Registrar 18, no. 9 (October 16, 2018): 3. http://dx.doi.org/10.1002/tsr.30526.
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Metea, Ileana-Gentilia. "National Interest, Terminology and Directions of Approach." International conference KNOWLEDGE-BASED ORGANIZATION 26, no. 1 (June 1, 2020): 75–79. http://dx.doi.org/10.2478/kbo-2020-0011.
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AbstractThe “national interest” is a very actual, complex contemporary concept, yet still not sufficiently investigated. It is the final product of the activity of any legitimate government of any state, constantly and continuously materialized through its competent institutions and citizens, both inside the country’s borders, and abroad. For Romania, national interests represent the dominant, continuous and institutionalized ways in which the state relates to its national values.
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TREMBLAY, CINDY-LOVE, ANN LETELLIER, SYLVAIN QUESSY, DANIELLE DAIGNAULT, and MARIE ARCHAMBAULT. "Antibiotic-Resistant Enterococcus faecalis in Abattoir Pigs and Plasmid Colocalization and Cotransfer of tet(M) and erm(B) Genes." Journal of Food Protection 75, no. 9 (September 1, 2012): 1595–602. http://dx.doi.org/10.4315/0362-028x.jfp-12-047.
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This study was conducted to determine plasmid colocalization and transferability of both erm(B) and tet(M) genes in Enterococcus faecalis isolates from abattoir pigs in Canada. A total of 124 E. faecalis isolates from cecal contents of abattoir pigs were examined for antibiotic susceptibility. High percentages of resistance to macrolides and tetracyclines were found. Two predominant multiresistance patterns of E. faecalis were examined by PCR and sequencing for the presence of genes encoding antibiotic resistance. Various combinations of antibiotic resistance genes were detected; erm(B) and tet(M) were the most common genes. Plasmid profiling and hybridization revealed that both genes were colocated on a ~9-kb transferable plasmid in six strains with the two predominant multiresistant patterns. Plasmid colocalization and cotransfer of tet(M) and erm(B) genes in porcine E. faecalis isolates indicates that antibiotic coselection and transferability could occur via this single genetic element. To our knowledge, this is the first report on plasmid colocalization and transferability of erm(B) and tet(M) genes in E. faecalis on a mobile genetic element of ~9 kb. Physical linkage between important antibiotic resistance determinants in enterococci is of interest for predicting potential transfer to other bacterial genera.
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RAMONOV, SOSLAN. "LEGISLATIVE REGULATION OF SELF-DEFENSE OF HUMAN RIGHTS AND CITIZENS AND LEGAL INTERESTS." Sociopolitical sciences 10, no. 2 (April 30, 2020): 123–27. http://dx.doi.org/10.33693/2223-0092-2020-10-2-123-127.
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The scientific article briefly analyzes in a historical retrospective the issues of the formation and development of the institution of self-defense of rights and legitimate interests, starting with the Digest of Justinian and ending with today. The emphasis in the article is made on the need to study the issues of self-defense of the legitimate interests of citizens, as a little-explored side of this institution. At present, it seems important and timely to distinguish between subjective law and legitimate interest in the framework of the study of the constitutional right to self-defense. In addition, the article touches upon the problems of improving the institution of self-defense of rights and legitimate interests in the framework of out-of-court dispute resolution. The author makes a proposal to amend the article 12 of the Civil Code of the Russian Federation related to the protection of both legal rights and legitimate interests.
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Luo, Xinhong, Iaolan Fan, Zengyun Song, and Jun Yang. "Exploration of the Integration of Reading and Writing in Narrative Writing Instruction for Junior High School English." Pacific International Journal 6, no. 4 (January 1, 2024): 153–59. http://dx.doi.org/10.55014/pij.v6i4.504.
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Under the guidance of the new curriculum standards and in line with the requirements of English subject core literacy, this instructional practice aimed to explore the feasibility, effectiveness, and transferability of integrating reading and writing in narrative writing instruction for junior high school students. Through a one-semester teaching experiment, the study yielded the following findings: 1) Compared to the control group, the experimental group demonstrated significant differences in overall writing achievement, writing content, and the organization of writing structure; 2) The integration of reading and writing in narrative writing instruction positively influenced students' interest in writing and their confidence in the writing process. Finally, this paper discusses the potential transferability of the reading and writing integration instructional model to writing instruction in the Kashgar region, as well as reflections on the teaching experiment.
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بن خالد بن محمد النشوان, محمد. "ALfiqhiu correction at Ibn Taymiyyah bab alwaqf model." Omdurman Islamic University Journal 18, no. 2 (November 17, 2022): 303–31. http://dx.doi.org/10.52981/oiuj.v18i2.2812.
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This research aims to demonstrate the reality of doctrinal correction at Imam Ibn Taymiyah, in terms of the sheikh's methodology of correction, his paths and his position of correction at the people of science, and then mention some jurisprudential applications on correction at the door of the endowment. To align it with the legitimate texts and the monuments of the companions and followers, and to pursue the legitimate interest.
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Kulynych, Pavlo. "Legitimate land interests and prospects of their implementation in the conditions of digitalization of land relations." Yearly journal of scientific articles “Pravova derzhava”, no. 33 (September 2022): 346–59. http://dx.doi.org/10.33663/1563-3349-2022-33-346-359.
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The article investigates the theoretical issues of implementation of legitimate land interests in the conditions of digitalization of land relations in Ukraine. The idea of introducing a category of interest in jurisprudence belongs to the prominent German lawyer Rudolf von Yering. Exploring the laws of law as a regulator of social relations in the late nineteenth century, he drew attention to the marked infl uence of public interests on its development. Rudolf von Yeering found that as society’s interests change, so does its rights. Modern legal doctrine is based on that implementation of the law is carried out both through the subjective rights of the parties to the relationship, and through their legitimate interests. Therefore, it has become quite natural to try to use theoretical developments on the legal nature of legitimate interests as an element of the legal status of participants in public relations to meet their needs. The Constitutional Court of Ukraine has ruled that the notion of «interest protected by law» should be understood as the desire to use specifi c tangible and / or intangible goods, as conditioned by the general content of objective and not directly mediated in subjective law simple legitimate permission, which is independent of subject to judicial protection and other means of legal protection in order to meet individual and collective needs that do not contradict the Constitution and laws of Ukraine, public interests, justice, fairness, reasonableness and reasonableness and other common law principles. So legitimate land interests as a legal phenomenon arise in the fi eld of land, environmental and some other relations governed by law. Only after the extension of legal norms to a certain range of land or other related social relations, a person as a participant in such relations may have legitimate land interests. In author’s opinion, an important legal source of a person’s legitimate interests in the fi eld of land relations is the acquisition of property rights and other land rights, as well as environmental rights (favorable environment, etc.), which cause a conscious, socially active person legitimate land interest. (For example, interest in keeping neighboring areas in good agricultural, aesthetic condition, etc.). After all, land use, including agricultural, is increasingly beyond the interests of the subject of ownership or the right to use the land and interferes in those areas of public relations that aff ect the interests of other individuals and society in the face of the state and territorial communities. Therefore, an important stage in the development of legitimate land interests has been the land reform that has started in Ukraine since the early 1990s. One of its key consequences was the formation of a system of land rights, which is based on the basic property right - property rights. Unfortunately, the land legislation of Ukraine has not yet formed a clear legal mechanism for the implementation and protection of legitimate land interests. Its absence was especially acute at the fi nal stage of land reform - the opening of the agricultural land market when competition between land rights and legitimate land interests of various subjects of land rights intensifi ed. In such conditions, administratively capable and economically strong subjects of land legal relations, especially large agricultural producers, try to ensure the formation of a legal environment in which their land interests would be dominant. At the same time, ignoring the legitimate interests of some participants in land relations – peasants – cannot be the basis for appropriate legislation, because the formation of a balanced legal system as a whole and eff ective land law cannot be done by ignoring the legitimate interests of any group of people. In our opinion, such legislative measures should be assessed as legal recourse, not legal progress. One of the most common legitimate land interests in the land law of Ukraine is a legitimate expectation of a certain land law result (actions, decisions, etc.). A legitimate expectation arises when, as a result of statements or promises made on behalf of a public authority, or as a result of established practice, a person has a reasonable expectation that the public authority will act in this way and not otherwise. In some cases, the legislative activity of the Parliament of Ukraine may be the object of legitimate expectations of landowners and users. Deepening the legal regulation of land relations in the context of their digitalization leads to the expansion of the sphere of origin and realization of legitimate land interests. One of the ways to deepen the legal regulation of land law is to increase the legally sensitive features of land as an object of land relations. This increase in these features takes place, when with the help of modern digital technologies new land qualities are identifi ed and recorded as legally signifi cant facts in electronic databases that are processed (summarized, combined, allocated, etc.) using modern digital services (software) including artifi cial intelligence. Thus, expanding the list and ensuring unlimited access to legally relevant information on the state and dynamics of land creates conditions for the emergence of new land interests, aimed not only at exercising individual land tenure, but also at maintaining land resources in good condition. In particular, the expansion of the sphere of legitimate land interests is conditioned by going beyond the neighborhood, when the object of such interests of the person are only adjacent (neighboring) land plots, and their acquisition of «digital» extraterritoriality. It should be noted that the expansion of the sphere of realization and protection of legitimate land interests may have certain negative consequences, such as confl ict of interest or «war» of interests. Therefore, to prevent such extremes, it seems appropriate to establish legal safeguards against the abuse of legitimate land interests. One of them may be the establishment of collective protection of such interests by a group of persons or their association in a public organization. Finally, it is concluded that the digitalization of land relations creates new challenges and opens new opportunities in ensuring the realization of the potential of land law through the mechanism of protection of legitimate land interests. Therefore, society must increase its legal «readiness» for the challenges and opportunities of the era of digitalization of land relations.
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Lefresne, Florence. "The peer review procedure: some thoughts on the analysis and dissemination of good practices in the framework of the European Employment Strategy." Transfer: European Review of Labour and Research 12, no. 3 (August 2006): 333–48. http://dx.doi.org/10.1177/102425890601200305.
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The purpose of the peer review programme - created in 1999, and in 2005 incorporated into the mutual learning programme of the European Employment Strategy - is to identify and evaluate good practices by Member States and to promote their transferability within the European Union. But is it possible to isolate a good practice and to transpose it? On the basis of specific examples this article draws attention to the numerous inconsistencies that emerge between the supposedly universal register of the EES and the great variety of national registers through which it is interpreted. These findings lead to an adjustment of the expectations placed in mutual learning. The article goes on to show that the identification of good practices reflects, in considerable measure, a wish on the part of the Member States to make their national employment policies appear legitimate, implicitly raising, at the same time, some questions about the actual feasibility of a Community model.
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Lienen, Christina. "Judicial constitutional comparativism at the UK Supreme Court." Legal Studies 39, no. 1 (December 21, 2018): 166–82. http://dx.doi.org/10.1017/lst.2018.30.
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AbstractIn 2008, Lord Reed in his paper ‘Foreign precedents and judicial reasoning: the American debate and British practice’ noted the lack of full scholarly consideration of judicial comparativism in the UK. Ten years later, judicial reference to foreign judgments is still a very common phenomenon in this jurisdiction, however very little has been written about it. This paper assesses the UK Supreme Court's constitutional law jurisprudence in light of the main themes and arguments underlying the international debate concerning judicial comparativism. I argue that: (i) the use of foreign law is constitutionally legitimate where clear statutory language is respected; (ii) transferability concerns are mitigated by the interwovenness of the global common law system; and (iii) methodology concerns are mitigated by the UK Supreme Court's flexible, humble approach, which applies careful scrutiny to the foreign authorities put before it. Foreign judgments, I conclude, are never followed blindly or arbitrarily, and perhaps this is why there is no domestic debate about judicial comparativism, not even in the constitutional sphere.
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Edlund, Jennie, and Václav Stehlík. "Procedural Approach to the Public Interest in Migration Control when Applying Article 8 of the ECHR." Bratislava Law Review 7, no. 2 (December 29, 2023): 59–72. http://dx.doi.org/10.46282/blr.2023.7.2.744.
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This research explores the European Court of Human Rights’ (ECtHR or the Court) application of Article 8 of the European Convention of Human Rights (ECHR) when engaging the public interest in migration control. The study research explains the current case law of the Court and examines when the public interest in migration control can be applied as a legitimate aim. The research is questioning whether the public interest in controlling migration can be used as a legitimate aim when an interference of the right to family life has been established and whether the public interest in migration control should be seen as a static factor. The research claims that the Court’s unclear way of distinguishing between positive and negative obligations and its lack of assessing the public interests when balancing the personal interests against the public interests in controlling migration makes the case law inconsistent and unclear. In order to make the case law more consistent the research suggests that the Court should use a procedural approach like in cases where the State’s interest in public safety is engaged.
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Marszałek, Joanna. "A GLOSS TO THE JUDGMENT OF THE EUROPEAN COURT OF JUSTICE OF APRIL 15, 2021 IN THE CASE OF HENGSTENBERG GMBH & CO. KG V SPREEWALDVEREIN (C-53/20)." Roczniki Administracji i Prawa 3, no. XXI (September 30, 2021): 259–67. http://dx.doi.org/10.5604/01.3001.0015.7600.
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In this commentary the author presented a judgment in which the European Court of Justice answered the question referred for a preliminary ruling by interpreting the concept of “legitimate interest”, as referred to in art. 49 sec. 3 first subparagraph and par. 4, second paragraph of Regulation (EU) No 1151/2012. The author’s aim was to analyse the judgment and the interpretation of the concept. In author’s opinion, the statement of the ECJ should be assessed positively in so far as it pointed to the obligation of national authorities to refer to the facts of a specific case each time and to the necessity to state that this interest is not improbable and hypothetical. However, the broad interpretation of the concept of “legitimate interest” and the extension of the group of people who have the right to object to the producers to an unlimited extent, were, however, criticized by the author.
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Yadrikhinsky, Sergey. "Optimization of tax payment as a legitimate interest of the taxpayer." Gosudarstvo i pravo, no. 7 (2019): 123. http://dx.doi.org/10.31857/s013207690005885-5.
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Czudek, Damian. "PUBLIC INTEREST AS A FEATURE OF PUBLIC FINANCE INSPECTION." Studia Iuridica, no. 98 (September 30, 2023): 63–71. http://dx.doi.org/10.31338/2544-3135.si.2023-98.5.
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This article deals with the selected attributes of public interest within the realization of public finance inspection. It is based on the hypothesis that inspection can be considered legitimate and legal only if it is properly justified by the protection of a specific public interest. From the interpretation perspective, the resolution of conflict, even a potential one, either with a private interest or possibly with another public interest, is essential. The article also points out that interest of the public in inspection outputs is a kind of protected public interest as well.
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Ferretti, Federico. "Data protection and the legitimate interest of data controllers: Much ado about nothing or the winter of rights?" Common Market Law Review 51, Issue 3 (June 1, 2014): 843–68. http://dx.doi.org/10.54648/cola2014063.
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EU data protection law is in a process of reform to meet the challenges of the modern economy and rapid technological developments. This study analyses the legitimate interest of data controllers as a legal basis for processing personal data under both the current data protection legislation and its proposed reform. The relevant provision expands the scope of lawful processing, but is formulated ambiguously, creating legal uncertainty and loopholes in the law. The new proposed regime does not resolve the problem. Taking a "rights" perspective, the paper aims to show that the provision should be narrowly interpreted in light of the ECJ case law, and to give effect to the Charter of Fundamental Rights; a rephrasing of the norm is desirable. The provision on the legitimate interest of data controllers weakens the legal protection of data subjects.
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Бабаян, С. Л., and К. С. Прозорова. "Legitimate interests of those sentenced to imprisonment as positive incentives for their law-abiding behavior." Ius Publicum et Privatum, no. 2(22) (June 30, 2023): 78–85. http://dx.doi.org/10.46741/2713-2811.2023.22.2.008.
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Статья посвящена исследованию сущности и содержания за- конных интересов осужденных как позитивных стимулов их правопослушного поведения, а также рассмотрению оснований реализации данных законных интересов. Анализ существующих в научном сообществе позиций, а также позиций высших судебных инстанций позволил авторам сделать вывод о том, что зависимость реализации осужденным своего законного интереса от его фактического поведения и характеристики является для него в основном стимулом к правопослушному поведению и средством успешной социальной адаптации. Эффективность подобных установлений обеспечивается и отсутствием корреспондирующей законному интересу обязанности у администрации исправительного учреждения, так как реализация законного интереса осужденного зависит от оценки поведения осужденного и усмотрения администрации. По результатам рассмотрения положений действующего уголовного и уголовно-исполнительного законодательства, касающихся законных интересов осужденных, авторами предлагается ввести льготные условия содержания для осужденных, отбывающих наказание в исправительных колониях общего и строгого режимов. Кроме того, представляется целесообразным скорректировать механизм условно-досрочного освобождения от отбывания наказания в отношении осужденных к пожизненному лишению свободы, а также предусмотреть в отношении них замену неотбытой части наказания более мягким видом наказания в виде принудительных работ. Также предлагается регламентировать в уголовном законодательстве применение замены неотбытой части наказания более мягким видом наказания в отношении несовершеннолетних осужденных. The article considers the essence and content of the legitimate interests of convicts as positive incentives for their law-abiding behavior, as well as the grounds for realization of these legitimate interests. The analysis of ideas spread in the scientific community and higher judicial instances shows that the dependence of convicts’ realization of their legitimate interest on their actual behavior and characteristics is an incentive for law-abiding behavior and a means of successful social adaptation. The effectiveness of such regulations is also ensured by the absence of a duty of the correctional institution administration corresponding to the legitimate interest, since the realization of the legitimate interest of the convicted person depends on the assessment of his/her behavior and the discretion of the administration. Having considered provisions of the current criminal and penal legislation concerning convicts’ legitimate interests, the authors propose to introduce preferential conditions of detention for convicts serving sentences in correctional facilities of general and strict regime. In addition, it seems appropriate to adjust the mechanism of conditional early release from serving a sentence in relation to those sentenced to life imprisonment, as well as to fix the possibility to replace the unserved part of the sentence with a milder penalty in the form of forced labor. It is also proposed to regulate the use of replacing the former part of the punishment with a milder penalty in relation to juvenile convicts in the criminal legislation.
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Khusiyanov, D. A. "The concept of "legitimate interest of the accused" in Russian criminal proceedings." Право и государство: теория и практика, no. 10 (2022): 116–18. http://dx.doi.org/10.47643/1815-1337_2022_10_116.
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Goldsworthy, Daniel. "Athletes’ rights under the World Anti-Doping Code: A legitimate public interest?" Alternative Law Journal 43, no. 3 (August 16, 2018): 197–202. http://dx.doi.org/10.1177/1037969x18783292.
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World Anti-Doping Agency considers doping transgressions strict liability offences. Strict liability offences that restrict human rights may be morally justified where legitimate social interests outweigh the rights of individuals. The World Anti-Doping Agency Code is currently under review, with a revised Code expected to be issued in January 2021. This article critically examines whether the Code conforms to international human rights standards, and whether strict liability can be ethically justified on the basis that they are in the public interest. It also considers how the principles of anti-doping policy may be shaped by and for athletes through a Rawlsian critique of anti-doping regulation.
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Yadrikhinskiy, Sergey A. "Guarantees for the protection of the taxpayer’s legitimate interest: a paradigm shift." Law Enforcement Review 3, no. 3 (November 6, 2019): 71–79. http://dx.doi.org/10.24147/2542-1514.2019.3(3).71-79.
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Rainsberger, Richard. "The top 5 sections of the FERPA regulations: Understand legitimate educational interest." Successful Registrar 18, no. 1 (February 23, 2018): 1–3. http://dx.doi.org/10.1002/tsr.30403.
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Rainsberger, Richard. "Legitimate educational interest and the health and safety emergency exception: Part 1." Successful Registrar 18, no. 10 (November 27, 2018): 3. http://dx.doi.org/10.1002/tsr.30534.
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Rainsberger, Richard. "Legitimate educational interest and the health and safety emergency exception: Part 2." Successful Registrar 18, no. 11 (December 14, 2018): 3. http://dx.doi.org/10.1002/tsr.30544.
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