Artículos de revistas: "Legal analysis of (x)"

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Newman, Simon. "LEGAL RISK ANALYSIS". Computer Law & Security Review 17, n.º 6 (noviembre de 2001): 409–14. http://dx.doi.org/10.1016/s0267-3649(01)01113-x.

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SIBARY, SCOTT y PETER M. HOLM. "QUESTION-CENTERED LEGAL ANALYSIS". Journal of Legal Studies Education 6, n.º 1 (septiembre de 1987): 1–19. http://dx.doi.org/10.1111/j.1744-1722.1987.tb00176.x.

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SARTOR, GIOVANNI. "Legal Validity: An Inferential Analysis". Ratio Juris 21, n.º 2 (junio de 2008): 212–47. http://dx.doi.org/10.1111/j.1467-9337.2008.00388.x.

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Unger, Roberto Mangabeira. "Legal Analysis as Institutional Imagination". Modern Law Review 59, n.º 1 (enero de 1996): 1–23. http://dx.doi.org/10.1111/j.1468-2230.1996.tb02063.x.

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CRAIG, PAUL. "Subsidiarity: A Political and Legal Analysis". JCMS: Journal of Common Market Studies 50 (9 de febrero de 2012): 72–87. http://dx.doi.org/10.1111/j.1468-5965.2011.02228.x.

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ASHTON, R. K. "The Royal Mail Case: A Legal Analysis". Abacus 22, n.º 1 (marzo de 1986): 3–19. http://dx.doi.org/10.1111/j.1467-6281.1986.tb00120.x.

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Luhmann, Niklas. "Legal Argumentation: An Analysis of its Form". Modern Law Review 58, n.º 3 (mayo de 1995): 285–98. http://dx.doi.org/10.1111/j.1468-2230.1995.tb02011.x.

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Jacobs, Francis G. "Citizenship of the European Union?A Legal Analysis". European Law Journal 13, n.º 5 (septiembre de 2007): 591–610. http://dx.doi.org/10.1111/j.1468-0386.2007.00385.x.

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MARÍN, RAFAEL HERNÁNDEZ. "Practical Logic and the Analysis of Legal Language". Ratio Juris 4, n.º 3 (diciembre de 1991): 322–33. http://dx.doi.org/10.1111/j.1467-9337.1991.tb00102.x.

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Chasovnikova, Olga y Danila Bolotin. "HISTORICAL AND LEGAL ANALYSIS OF THE SOURCES OF CRIMINAL PROCEDURE LAW OF ANCIENT RUSSIA IN THE X–XI CENTURIES". LAW. SAFETY. EMERGENCY SITUATIONS 2023, n.º 4 (29 de enero de 2024): 14–22. http://dx.doi.org/10.61260/2074-1626-2024-2023-4-14-22.

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The role of legal custom and princely laws in regulating criminal law relations at the stage of the emergence of Russian statehood is shown, the main scientific approaches to the «Russian Law» as a regulator of criminal procedural relations and the foundations of the subsequent written code of laws are analyzed. The influence of church statutes of the X–XI centuries on the further development of criminal justice in the Russian state is shown, articles of Russian Truth containing elements of modern criminal procedure are analyzed. The authors analyze the articles of the Pskov Court charter devoted to the types of courts and judicial evidence. Russian «Russian Law» has been concluded about the significance of these normative legal acts in the history of criminal procedure law of Ancient Russia, that the «Russian Law» contained norms regulating criminal procedural relations and became the legal basis for the compilation of the Russian Truth. Russian Truth, the key source of the criminal procedure law of Russia in the XI century, was formed as a result of the systematization of legal customs, the norms of the «Russian Law», and the reception of some norms of byzantine and ecclesiastical law.

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HEIDE, KATHLEEN M. y BENJAMIN WESLEY PARDUE. "Juvenile Justice in Florida: A Legal and Empirical Analysis". Law & Policy 8, n.º 4 (octubre de 1986): 437–62. http://dx.doi.org/10.1111/j.1467-9930.1986.tb00390.x.

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Buscaglia, Edgardo y Clarisa Long. "AN ECONOMIC ANALYSIS OF LEGAL INTEGRATION IN LATIN AMERICA". Review of Policy Research 15, n.º 2-3 (junio de 1998): 52–79. http://dx.doi.org/10.1111/j.1541-1338.1998.tb00779.x.

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WEDBERG, ANDERS. "Some problems in the logical analysis of legal science1". Theoria 17, n.º 1-3 (11 de febrero de 2008): 246–75. http://dx.doi.org/10.1111/j.1755-2567.1951.tb00247.x.

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DANOS, JOSEPH R., BARBARA G. DANOS y MILTON R. BALLARD. "SOLIMAN V. COMMISSIONER: THE WISDOM(?) OF "SOUND" LEGAL ANALYSIS". American Business Law Journal 32, n.º 2 (septiembre de 1994): 277–300. http://dx.doi.org/10.1111/j.1744-1714.1994.tb00936.x.

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Carlson, Eric M. "Videotaping to Protect Nursing Facility Residents: A Legal Analysis". Journal of the American Medical Directors Association 2, n.º 1 (enero de 2001): 41–44. http://dx.doi.org/10.1016/s1525-8610(04)70153-x.

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Rich, Ben A. "A Placebo for the Pain: A Medico-legal Case Analysis". Pain Medicine 4, n.º 4 (diciembre de 2003): 366–72. http://dx.doi.org/10.1111/j.1526-4637.2003.03046.x.

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Augusto de Souza Aguiar, Bruno. "SPECIALLY PROTECTED ENVIRONMENTAL AREAS X REGISTRATION IN REAL ESTATE OFFICE". Journal of Interdisciplinary Debates 4, n.º 04 (6 de noviembre de 2023): 181–99. http://dx.doi.org/10.51249/jid.v4i04.1716.

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Areas with special environmental protection designations have legal regulations to ensure biodiversity conservation and sustainable resource management. Among these areas are the Private Natural Heritage Reserves (RPPNs), Legal Reserves (RLs), and Environmental Easement Areas (ASAs). This study focuses on the importance of recording these zones in property registries at the Deed Offices. This practice centralizes crucial information about the property, including judicial and administrative aspects and obligations associated with the property, ensuring transparency and information for potential buyers and interested third parties. The employed methodology involved documentary research and systematic data analysis. It emphasizes the importance of intensifying the adoption of the concentration principle in property registration, through recording, to provide greater legal security, visibility, protection of areas, and to mitigate potential fraud. This study serves as a guide for registry professionals and the general public on the legal significance of recording in protected areas.

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Hery Kurniawan Zaenal. "RATIO DECIDENDI PUTUSAN MAHKAMAH KONSTITUSI NOMOR 49/PUU-X/2012 TENTANG PEMBATALAN PASAL 66 AYAT (1) UUJN-2004". JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 1, n.º 3 (25 de septiembre de 2022): 184–93. http://dx.doi.org/10.55606/jhpis.v1i3.868.

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This study aims to: (1) analyze and find the ratio of the decision of the Constitutional Court Decision Number 49/PUU-X/2012 concerning the annulment of Article 66 paragraph (1) UUJN-2004, (2) the legal impact of the Constitutional Court's decision no. 49/PUU-X/2012 Against Legal Protection for Notaries. The type of research is normative law. While the research approach used, namely: Legislation, contextual approach, and case approach, as well as a comparative approach. The legal materials used in this study are primary legal materials and secondary legal materials. While the analysis of legal materials using qualitative analysis. The results of the study show that: (1) The ratio decidendi of the cancellation of Article 66 paragraph (1) of Law Number 30 of 2004 concerning the Position of Notary Public is based, that the article is not in accordance with the principle of equality before the law (equality in law) for every citizen. There is the approval of the Notary Honorary Council, not in accordance with the sense of justice and the criminal law enforcement process, as well as the principle of an independent judicial power; (2) Legal Impact of MK Decision No. 49/Puu-X/2012 Regarding Legal Protection for Notaries, the notary loses his special rights, namely summoning a Notary in the case of interest in a criminal examination does not need to obtain permission from the Regional Supervisory Council as stipulated in the provisions of Article 66 of the JN Law, this is for guarantee legal certainty and responsibility for the deed issued.

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Puchalska-Tych, Bogumila y Michael Salter. "Comparing legal cultures of Eastern Europe: the need for a dialectical analysis". Legal Studies 16, n.º 2 (julio de 1996): 157–84. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00001.x.

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Comparative legal studies have been haunted by many unresolved scholarly problems of a methodological and theoretical nature which too often continue to be ignored within the literature. The deficiencies in theory and method of comparative legal studies have rightly been often blamed for marginalisation of this subject in legal education and practice. The aim of the present article is to contribute to this general debate by identifying and then analysing certain deficiencies of approach to the task of comparing western and socialist legal systems and cultures. Our main preoccupation is to address critically the methodology of comparative law not only for its own sake but also in response to the challenge raised by Bell's recent claim that legal theory has much to learn from reflecting upon the issues raised by the comparative enterprise.

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20

Gibbons, Susan MC. "Are UK genetic databases governed adequately? A comparative legal analysis". Legal Studies 27, n.º 2 (junio de 2007): 312–42. http://dx.doi.org/10.1111/j.1748-121x.2007.00045.x.

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Given the burgeoning of genetic research and proliferation of human genetic databases, especially in the biomedical sphere, this paper explores whether the existing laws and regulatory structures for governing genetic databases in England and Wales are adequate. Through a critical survey of relevant rules, bodies and practices, it argues that the current UK framework is far from ideal in at least five major areas: (1) forms and styles of law used, especially the separate legislative regimes for physical biomaterial and data; (2) core definitions; (3) formal regulatory bodies, licensing and notification requirements; (4) ethics committees and other advisory panels; and (5) enforcement powers and sanctions. Such shortcomings could have major implications for stakeholders, hamper efforts to achieve European or international harmonisation of genetic database principles and practices, and undermine the UK’s standing as a world leader in genetics and biotechnology. Drawing on comparative analysis of governance strategies adopted in Estonia, Iceland and Sweden, the paper identifies alternative options and lessons from experiences abroad, suggesting possible avenues for reform that may warrant serious consideration in the UK.

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Kniazevych, N. V. "HISTORICAL AND LEGAL ANALYSIS OF THE HEALTH CARE WORKERS’ LEGAL STATUS DEVELOPMENT". Medicne pravo, n.º 2(28) (7 de octubre de 2021): 9–17. http://dx.doi.org/10.25040/medicallaw2021.02.009.

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The administrative and legal status of a health care worker gives a possibility to determine his place and role in public administration and other public relations. The rights and responsibilities of health care workers are of great scientific and practical importance, especially in view of the ongoing health care reform processes in the country. Given this, it is important to study the peculiarities of the formation of certain rights and responsibilities of medical workers, which constitute their current legal status, over a significant period of history of the Ukrainian state. The article provides a historical and legal analysis of the development of the legal status of a health care worker, the beginning of the establishment of the first norms of behavior and professional responsibilities of medical workers in Ukraine, as well as legal acts governing the legal regulation of the legal status of medical workers in different years of existence of the Ukrainian state. The importance of research in the context of modern health care reforms for the formation of its individual areas of implementation is emphasized. In Ukraine, as in every country, the legal regulation of the legal status of health care workers has its own genesis. The field of health care dates back to the establishment of the statehood by East Slavic tribes in the ninth century and various subjects in the field of treatment were singled out. Thanks to the work of the first "doctors" of Kievan Rus, medical knowledge and skills were spread out, the foundations of deontological norms of behavior and professional responsibilities were formed, and the interest of the state authorities in providing medical care to the population appeared. "Kyiv-Pechersk Paterik" contains a list of responsibilities of that time doctors that lived in monasteries, namely, they had to do menial work, caring for the sick; be tolerant in dealing with them; do not care about personal enrichment. The first professional duties of a secular doctor were contained in the "Svyatoslav's Miscellany " in 1076, compiled for the Chernihiv prince Svyatoslav Yaroslavovich from the " Miscellany " of the Bulgarian King Simeon (X century). Among such responsibilities was the provision of surgical care - the ability to cut the skin, amputate limbs, burn wounds, fight suppuration. The first basic act, which determined the legal status of medical workers was "Rules governing the professional work of medical staff" (hereinafter - the Rules), was approved by the SNC of the USSR on April 17, 1924. It established qualification requirements for medical positions. According to Art. 1 of this document, the medical staff included persons who had the qualifications of a doctor, dentist, obstetrician, assistant doctor, pharmacist, nurse or brother (medical), masseur. To hold the position of a doctor, it was necessary to obtain the appropriate qualification in a medical institute or university, or a higher medical school of the Union of Soviet Socialist Republics (hereinafter - the USSR) or the former Russian Empire. At the same time, such a right was granted to persons who had obtained medical education and the qualification of a doctor of medicine abroad and had passed an examination at a higher medical school in the USSR. Such professionals could engage in both medical practice and hold administrative positions in the field of medicine. Physicians, in agreement with the administration, were given the right to have a personal seal stating their qualifications. The rules also determined the features of medical intervention (surgery, hypnosis, anesthesia, etc.). For example, a doctor had the right to use anesthesia only with the consent of the patient or in the case of his infancy or mental illness, or fainting of parents or guardians. In case of urgent surgical intervention, the doctor had to consult with a fellow surgeon. Otherwise, he had to make decisions alone. Doctors were required to report such medical interventions to health departments within 24 hours. The health care system in 1969-1991 was based on the norms enshrined in the Fundamentals of the Legislation of the USSR and the Union Republics on Health Care (1969) and the Law of the Ukrainian SSR "On Health Care" (1971). (hereinafter - the Law), which emphasized that public health is one of the most important tasks of the Soviet state and the duty of all state bodies and public organizations. The basics of the legislation of the USSR and the Union Republics on health care served as a kind of legislative basis, on the basis of which other laws and bylaws regulating the health of citizens were subsequently adopted. The law provided the duty to maintain medical confidentiality, which meant that doctors and other medical and pharmaceutical workers were not allowed to disclose information about illnesses, intimate and family life of citizens, which they found out as a result of their professional duties. To sum up, we can identify the main historical stages of formation of the legal status of a health care worker: 1) IX century, the times of Kievan Rus - the first mention of the duties of that time doctors ("Kiev-Pechersk Paterik", "Svyatoslav's Miscellany " 1076); 2) The times of the USSR in 1919 - the first attempt to streamline medical activities and outline the legal status of medical workers, including the provision of certain social and material guarantees ("Rules governing the professional work of medical staff", approved by the USSR SNK April 17, 1924), Resolution of the SNC of the USSR "On Improving the Situation of Medical and Sanitary Workers" of June 10, 1920). 3) 1969-1991, Ukraine in the Soviet period - strengthening democratic principles in public and state life, a new codification of Soviet law (Fundamentals of the legislation of the USSR and the Union Republics on health care (1969), the Law of the Ukrainian SSR " On health care "(1971)) Moreover, we can identify the basic principles of health care in Ukraine, which were formed over a long period of history of the Ukrainian state, due to the different legal and economic situation of the country and, due to historical and legal development that became decisive for the current legal status of medical workers. These are such principles as: recognition of health care as a priority of society and the state, availability and free medical care, democracy, provision of state guarantees, observance of medical secrecy, etc.

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RODIN, SINIŠA. "The Constitution for Europe ? A Legal Analysis ? By J.-C. Piris". JCMS: Journal of Common Market Studies 45, n.º 1 (marzo de 2007): 220. http://dx.doi.org/10.1111/j.1468-5965.2007.00709_10.x.

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Daneshfard, Karamolla y Samira Soheili Rad. "Philosophical analysis of theory x and y". Journal of Management and Accounting Studies 8, n.º 2 (29 de septiembre de 2020): 44–48. http://dx.doi.org/10.24200/jmas.vol8iss2pp44-48.

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Objective: The historical context management can be examined, such as the Pyramids of Egypt management, control and communication practices in the ancient Roman Empire and the legal framework of trade in the fourteenth century Venice followed. Methodology: Nevertheless, Iranians, Chinese, German and some other relatives insights and attitudes of the past have chosen in this area, but major changes in management during the Industrial Revolution came expecting. The world in the seventeenth century, the era of social upheaval when the thirteen American colonies broke away from Britain and the United States formed the crucial transformations spent. In this period of rapid population growth created fairs and supply of consumer goods. Results: The It was during this period that extends mass production methods Adam Smith (based on the division of labor and specialization in the pin factory) industry took a big turn in such a way that its effects are still seen in how often business organizations be. For example, Henry Ford in the early twentieth century by mass production in automotive manufacturing were achieved legendary success. Conclusion: Although this effect is limited to the amount of released McGregor at the time of his life, but he still is important. His classic study on the topic and motivated work, reflecting his main concern in the mid and late 1960s, when the one-dimensional organizations were at the peak. Public criticism of the theory of X and Y is that they are very exclusive.

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Spurr, Stephen J. "Referral Practices Among Lawyers: A Theoretical and Empirical Analysis". Law & Social Inquiry 13, n.º 01 (1988): 87–109. http://dx.doi.org/10.1111/j.1747-4469.1988.tb00751.x.

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This article analvzes referral practices among lawyers. The hypothesis is that the market for legal services is “efficient,” that is, market forces enable plaintiffs in personal injury cases to maximize their recoveries, given the quality of lawyers representing defendants. If this market is indeed efficient, one would expect that legal claims which would benefit most from high-quality legal services would be assigned to high-quality lawyers. The evidence shows that referrals enable claims to be matched with lawyers in just that way. That is, through the mechanism of referrals, claims of greater intrinsic value are assigned to lawyers of higher quality. The paper also provides a model of the decision a generalist must make: to litigate a case himself or refer it to a trial specialist. The implications of the model support the hypothesis that this market is efficient in the sense defined above.

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Minnikes, Irina. "Legal Means of Legitimation of the Head of State's Title in Russia (X-XIX centuries)". Academic Law Journal 23, n.º 1 (25 de abril de 2022): 5–13. http://dx.doi.org/10.17150/1819-0928.2022.23(1).5-13.

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The article is devoted to the analysis of legal means of legitimizing the title of monarch in the Russian history during the X-XIX century. The titles of rulers that were constantly officially used in the practice of the Russian state are investigated: prince, grand prince, sovereign (tzar), and emperor. The work is based on documentary sources, such as chronicles, charters, testaments, and treaties, both international and interterritories, as well as legal acts. It is established that the oldest title of «prince» in the era of the early and appanage state was formalized by legal treaties and a princely testament. The title of «Grand Prince» during the reign of the Golden Horde also depended on a special document – a label for the great reign. The title of «sovereign» («tzar») was initially legitimized by legal treaties and church-and-secular acts. But it was the title that was first announced with the help of a targeted normative legal act. In the future, the normative legal act will become the main legal ways of legitimization of the Russian monarch title. As a result of the study, several laws were revealed in the development of legal forms of the title of monarch legitimization. Firstly, their evolution begins in the era of the formation of the state with a complex of various legal means (legal treaties, testaments, etc.) with historically established non-legal instruments (customs, traditions) and ends in the XIX century by a normative legal act. Secondly, the most diverse sources of law were used at an early stage of the development of the state in relation to the princely (grand-princely) titulature: they included legal treaties, testaments, labels for reign and partially sources similar to normative legal acts. Thirdly, the legal regulation of the titulature evolves from single cases to the constant and unchanging practice of issuing a legal act on the accession to the throne of each new ruler.

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Siregar, Muhaimin Nur y Fatahuddin Aziz Siregar. "The Analysis of The Decision No. 1706/Pdt.G/2020/PA.Mdn. Based on The Decision No. 93/PUU-X/2012". Jurnal El-Thawalib 4, n.º 2 (23 de diciembre de 2023): 213–27. http://dx.doi.org/10.24952/el-thawalib.v4i2.9600.

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This research discusses regarding the sharia economic dispute resolution based on akad which usually occures, with analyzed of the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. according the Constitutional Court Decision No. 93/PUU-X/2012 regarding sharia economic dispute resolution based on akad. The type of this research is library research and in the form of normative legal research. The research approach uses statute approach and case approach with theoretical review by pure theory of law and positivism theory of law. The primary legal materials consist of UUD 1945, KUHPerdata, Law No. 21 of 2008 regarding the Sharia Banking, Law No. 3 of 2006 regarding Religious Courts, Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution, Law No. 3 of 2004 regarding the Constitutional Court, Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. and Constitutional Court Decision No. 93/PUU-X/2012. The secondary legal materials are books, thesis, and law journals according to the research problems. The colecting datas technique is documentation and the analysis technique uses desciptive analysis. The result of this reseacrh shows that the consideration of the Medan Religious Court Judges’ on the decision No. 1706/Pdt.G/2020/PA.Mdn. who declares that It was not authorized to try the lawsuit based on the explanation of Article 3 of Law No. 3 of 1999 which principally states that the court is not authorized to try between parties who have been bound in an Arbitration akad and the Constitutional Court Decision No. 93/PUU-X/2012 does not make it has no legal force. Because the two legal standing is separated. Then, by reviewing of the Constitutional Court Decision No. 93/PUU-X/2012 toward the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on akad is contradict with law according to the pure theory of law and positivism theory of law. Because the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 that stated sharia economic dispute resolution through arbitration contradict with UUD 1945.Sharia Economic Dispute, Dispute Resolution, Akad

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SIANTZ, MARY LOU de LEON. "Childen's Rights and Parental Rights A Historical and Legal/Ethical Analysis". Journal of Child and Adolescent Psychiatric Nursing 1, n.º 1 (julio de 1988): 14–17. http://dx.doi.org/10.1111/j.1744-6171.1988.tb00221.x.

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Sutton, Steve G., Ronald Young y Phyllis McKenzie. "An Analysis of Potential Legal Liability Incurred Through Audit Expert Systems". Intelligent Systems in Accounting, Finance and Management 4, n.º 3 (septiembre de 1995): 191–204. http://dx.doi.org/10.1002/j.1099-1174.1995.tb00091.x.

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Hajjar, Lisa. "Religion, State Power, and Domestic Violence in Muslim Societies: A Framework for Comparative Analysis". Law & Social Inquiry 29, n.º 01 (2004): 1–38. http://dx.doi.org/10.1111/j.1747-4469.2004.tb00329.x.

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This article focuses on the issue of domestic violence in Muslim societies in the Middle East, Africa, and Asia. The analytical framework is comparative, emphasizing four factors and the interplay among them: shari'a (Islamic law), state power, intrafamily violence, and struggles over women's rights. The comparative approach historicizes the problem of domestic violence and impunity to consider the impact of transnational legal discourses (Islamism and human rights) on “local” struggles over rights and law. The use of shari'a creates some commonalities in gender and family relations in Muslim societies, notably the sanctioning and maintenance of male authority over female relatives. However, the most important issue for understanding domestic violence and impunity is the relationship between religion and state power. This relationship takes three forms: communalization, in which religious law is separate from the national legal regime; nationalization, in which the state incorporates religious law into the national legal regime; and theocratization, in which the national legal regime is based on religious law.

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Evans, Michael, Wayne McIntosh, Jimmy Lin y Cynthia Cates. "Recounting the Courts? Applying Automated Content Analysis to Enhance Empirical Legal Research". Journal of Empirical Legal Studies 4, n.º 4 (10 de diciembre de 2007): 1007–39. http://dx.doi.org/10.1111/j.1740-1461.2007.00113.x.

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Kastellec, Jonathan P. "The Statistical Analysis of Judicial Decisions and Legal Rules with Classification Trees". Journal of Empirical Legal Studies 7, n.º 2 (junio de 2010): 202–30. http://dx.doi.org/10.1111/j.1740-1461.2010.01176.x.

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KATSOULACOS, YANNIS y DAVID ULPH. "ON OPTIMAL LEGAL STANDARDS FOR COMPETITION POLICY: A GENERAL WELFARE-BASED ANALYSIS". Journal of Industrial Economics 57, n.º 3 (septiembre de 2009): 410–37. http://dx.doi.org/10.1111/j.1467-6451.2009.00393.x.

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POLAK, JOSINE. "The Lisbon Treaty: A Legal and Political Analysis - By J.-C. Piris". JCMS: Journal of Common Market Studies 49, n.º 4 (1 de junio de 2011): 920. http://dx.doi.org/10.1111/j.1468-5965.2011.02173_4.x.

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Kurkchiyan, Marina. "Russian Legal Culture: An Analysis of Adaptive Response to an Institutional Transplant". Law & Social Inquiry 34, n.º 02 (2009): 337–64. http://dx.doi.org/10.1111/j.1747-4469.2009.01149.x.

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This article is an inquiry into Russian legal culture and is based on the assumption that any institution transplanted from one social environment to another will be reinterpreted and reshaped, so that it can be accepted into the receiving society. The process of adaptation creates an opportunity to examine the receiving society's established practices and way of thinking. To demonstrate their effects, this article explores the author's research findings carried out in two Russian towns where institutions of media self‐regulation were set up. The findings are analyzed comparatively in order to identify how the key players in the two towns interpreted the initial ideas, established procedures and rules for the newly set up institutions, and defined the roles that were attributed to them. The results of the two‐city case study are then used to interpret some specifics of the internal logic of the local legal culture.

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Alquraini, Turki Abdullah. "An analysis of legal issues relating to the least restrictive environment standards". Journal of Research in Special Educational Needs 13, n.º 2 (9 de diciembre de 2011): 152–58. http://dx.doi.org/10.1111/j.1471-3802.2011.01220.x.

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Lagioia, Francesca y Giovanni Sartor. "AI Systems Under Criminal Law: a Legal Analysis and a Regulatory Perspective". Philosophy & Technology 33, n.º 3 (15 de julio de 2019): 433–65. http://dx.doi.org/10.1007/s13347-019-00362-x.

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Gurudut, K. S., M. Ashok Kumar, Ashok Kumar Shetty y M. G. Pushpa. "Relevance of postmortem in admitted and expired medico-legal cases a retrospective analysis". Indian Journal of Forensic Medicine & Toxicology 12, n.º 4 (2018): 9. http://dx.doi.org/10.5958/0973-9130.2018.00186.x.

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PIKE, ROBERT. "Legal access and the incidence of divorce in Canada: asociohistorical analysis". Canadian Review of Sociology/Revue canadienne de sociologie 12, n.º 2 (14 de julio de 2008): 115–33. http://dx.doi.org/10.1111/j.1755-618x.1975.tb00033.x.

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39

Samuel, Geoffrey. "Can legal reasoning be demystified?" Legal Studies 29, n.º 2 (junio de 2009): 181–210. http://dx.doi.org/10.1111/j.1748-121x.2009.00124.x.

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The purpose of this paper is to examine a new work on legal reasoning by two American jurists whose aim is to ‘demystify’ it. The paper will not dispute the authors' central thesis that the existence of special forms of reasoning in law is false, but it will argue that a social science epistemologist would find their analysis at best inadequate. It will be argued that legal reasoning is not just reasoning from and about rules; it is also reasoning about facts and about the construction of factual situations. Consequently, it is vital for anyone wishing to have a serious understanding of how lawyers reason to have a familiarity with how social scientists, and indeed natural scientists, reason about fact. Such reasoning certainly involves induction, deduction and analogy but these methods are by no means adequate as an epistemological framework; schemes of intelligibility and paradigm orientations are equally important. If there is one paradigm orientation that is special to certain disciplines like theology and law, it is the authority paradigm, an orientation that must be distinguished from an inquiry paradigm. The problem with works by legal philosophers on legal reasoning is, it will be implied, that they are often conducted from within the authority paradigm and that this, in the end, prevents any demystification.

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40

Schlossberger, Eugene y Lorna Hecker. "HIV AND FAMILY THERAPISTS' DUTY TO WARN: A LEGAL AND ETHICAL ANALYSIS". Journal of Marital and Family Therapy 22, n.º 1 (enero de 1996): 27–40. http://dx.doi.org/10.1111/j.1752-0606.1996.tb00184.x.

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41

Kritzer, Herbert M. "Abel and the Professional Project: The Institutional Analysis of the Legal Profession". Law & Social Inquiry 16, n.º 03 (1991): 529–52. http://dx.doi.org/10.1111/j.1747-4469.1991.tb00293.x.

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42

Marley, Judith L. "Guidelines favoring fair use: an analysis of legal interpretations affecting higher education". Journal of Academic Librarianship 25, n.º 5 (septiembre de 1999): 367–71. http://dx.doi.org/10.1016/s0099-1333(99)80055-x.

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43

Kryzhevskyi, A. y O. Derii. "MIGRATION POLICY IN MEDIEVAL AND EARLY MODERN UKRAINE (X – MIDDLE XVIII CENTURY): HISTORICAL AND LEGAL ASPECTS". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n.º 113 (2020): 39–44. http://dx.doi.org/10.17721/1728-2195/2020/2.113-8.

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The article analyzes the process of origin and development of migration policy of state entities on Ukrainian lands in the 10th – first half of the 18th century. The research methodology is to study and analyze the organizational and legal foundations of Ukrainian migration policy during the study period. The validity of theoretical provisions, conclusions, scientific analysis and reliability of the results of the study is ensured by the use of a set of philosophical, general scientific and special scientific methods, namely: historical law, comparative law, historical and functional, formal legal and others. The study was conducted from the perspective of the principles of historicism, objectivity, versatility, complementarity and validity, which created a sound methodological basis for a comprehensive analysis of the subject matter of the study. The scientific novelty is the historical and legal analysis of the basic state-legal elements of migration policy, the identification of peculiarities of their functioning and effectiveness. The scientific novelty is the historical and legal analysis of the basic state-legal elements of migration policy, the identification of peculiarities of their functioning and effectiveness. The paper states that in the Middle Ages state control was established over the movements of foreigners, ambassadors and merchants. Subsequently, as the socio-economic and political situation changed, the problem of regulating the movement of not only the privileged classes but also the general population arose. It is observed that further strengthening of migration control, both external and internal, comes from the introduction of a passport system. It was found that effective state control over migration, which was based on the passport system, was managed not by the Polish authorities but by the Russian authorities. It was noted that the system of control over the population movement and passport system for some time was established in the territory of Zaporizhzhia Troops, which, in addition, allowed the Sich to emphasize its jurisdiction over the owners of Cossack passports. It has been proved that, since the seventeenth century, the passport has become the main instrument in the implementation of the state migration policy. It is established that it was in the 16th–17th centuries practices of managed and forced resettlement are being started, which will later be actively used by the Soviet authorities. Keywords: migration, a migration policy, a passport, a managed resettlement.

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Лафитский, Владимир, Vladimir Lafitskiy, Ольга Семыкина y Olga Semykina. "Criminal Liability of Legal Persons in the Russian Legislation: to the History of the Question "pro et contra"". Journal of Russian Law 2, n.º 2 (20 de enero de 2014): 5–13. http://dx.doi.org/10.12737/2229.

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The article providers a historical analysis of the doctrinal arguments «pro et contra» of the introduction criminal liability of corporate persons in the Russian legislation, and considered legal provisions on criminal liability of corporate which existed in the Russian legal system of X – first half of XX centuries.

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Kawar, Leila. "Legal Mobilization on the Terrain of the State: Creating a Field of Immigrant Rights Lawyering in France and the United States". Law & Social Inquiry 36, n.º 02 (2011): 354–87. http://dx.doi.org/10.1111/j.1747-4469.2011.01235.x.

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Scholarship on law and social movements has focused attention primarily on the United States, and secondarily on countries that share the Anglo‐American legal tradition. The politics of law and social movements in other national legal contexts remains underexamined. The analysis in this article contrasts legal mobilizations for immigrant rights in France and the United States, and explores the relations between national fields of power and legal practices. I trace the institutionalization of immigrant rights legal organizations in each country and argue that the divergent organizational forms and litigation strategies adopted by professionalized movement organizations reflect the dynamics of the nationally distinct fields of power relations within which law reform has been conducted. My analysis links the material and symbolic resources available to law reformers to the relative authority of private and public juridical actors in each state.

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Mahmutagić, Ago. "Analiza slučaja presuđivanja u predmetu broj: X-KRŽ-05/217 / Analysis of the Ruling in Case No.: X-KRŽ-05/217". Pregled: časopis za društvena pitanja / Periodical for social issues 62, n.º 1 (6 de julio de 2021): 203–11. http://dx.doi.org/10.48052/19865244.2021.1.203.

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This text refers to an example of judgement in front of the Court of Bosnia and Herzegovina- B&H for crime of sexual violence during the war in the area of municipality Foča, committed by members of Serbian Republic Bosnia and Herzegovina and later Republic of Srpska over Bosnian Muslim citizen. By analyzing a certain number of court sentences for this crime, with the aim of comparing the height of determined punishments in front of International Criminal Tribunal for the former Yugoslavia - ICTY and the judiciary of B&H, this verdict was noticed as a special case in regards to other judgements, which was the reason for writing this text. In fact, the motive for writing this text is a drastic violation of the rights of victim of sexual violence by the Second Instance Panel of the Court of B&H, due to the non-consistent application of the valid legal regulations. What happened in this case is that the council in the first trial in the case of Radio Vuković no.: X-KR/06/217 reached the verdict “guilty” and sentenced him to 5 years and 6 months, and in the second trial same court, same case number:X-KRŽ-05/217 reached the verdict “released from the charge.” The question is not which court (Haag Tribunal or Court of B&H) pronounces more strict punishments anymore, the question is: Why did the council of Court of B&H in the first trial pronounced condemning and in the second trial, same council, pronounced releasing judgement? It is not excluded that the second instance verdict may be in conflict with the first instance verdict if it is established and proven that... “it has not been proven that the accused committed the criminal offense for which he is accused “, as prescribed in Article 284 c of the Law of the Criminal Procedure of Bosnia and Herzegovina – CPC BiH referred to by the second instance panel. However, the second instance panel did not find anything new. The second instance panel was conducted on the basis of the same facts, circumstances, evidence and legal qualification of the criminal offense as the first instance procedure, so the second instance panel could not to make a different decision from the first instance panel. The decision of the second instance panel is different only because it was made in drastic violation of the applicable legal regulations of Bosnia and Herzegovina. The ICTY has already ruled in similar cases, and this case, which referred to lower ranking perpetrators of crimes and as easier to resolve was formed and completed with the standard A mark, forwarded to the Court of BiH.

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Tomlins, Christopher. "What is Left of the Law and Society Paradigm after Critique? Revisiting Gordon's “Critical Legal Histories”". Law & Social Inquiry 37, n.º 01 (2012): 155–66. http://dx.doi.org/10.1111/j.1747-4469.2011.01280.x.

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For more than twenty-five years, Robert Gordon's “Critical Legal Histories” has been savored by legal historians as one of the most incisive explanations available of what legal history can and should be. Gordon's essay, however, is of significance to the course of sociolegal studies in general. This commentary offers an appreciation, and a critique, of “Critical Legal Histories.” It explores Gordon's articulation of the central themes of critical legal studies, in particular his corrosion of functionalism and embrace of the indeterminacy thesis, and assesses the consequences for sociolegal and legal-historical analysis of the resultant stress on the contingency and complexity of social life.

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Fritsvold, Erik D. "Under the Law: Legal Consciousness and Radical Environmental Activism". Law & Social Inquiry 34, n.º 04 (2009): 799–824. http://dx.doi.org/10.1111/j.1747-4469.2009.01168.x.

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A growing body of sociolegal scholarship focuses the study of law away from formal texts and legal institutions and toward the experiences and perceptions of “everyday” citizens. This study introduces seventeen “radical” environmentalists who engage a repertoire of tactics that includes some actions that involve relatively severe forms of illegality. This research seeks to investigate the role of civil disobedience and lawbreaking within the radical environmental movement and the corresponding legal consciousness of movement actors. Utilizing ethnographic fieldwork and content analysis, this analysis suggests that Ewick and Silbey's (1998) three‐tiered model of legal consciousness is an operative starting point, but could be enhanced through theoretical expansion. This study proposes a new category of legal consciousness—Under the Law—that views the law as the protector and defender of a social order that is fundamentally illegitimate. Under the Law is qualitatively different from existing conceptualizations of legal consciousness and reaffirms the mutually constitutive nature of law and society.

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Murphy, Michael C. y Michael R. Wilds. "X-Rated X-Ray Invades Privacy Rights". Criminal Justice Policy Review 12, n.º 4 (diciembre de 2001): 333–43. http://dx.doi.org/10.1177/0887403401012004005.

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X-rated X-ray machines utilizing backscatter technology are strip-searching unsuspecting travelers as they pass through our nation's border and airport checkpoints. These machines not only check for explosives, drugs, or other contraband, but also are capable of counting hairs on a man's chest or measuring the depth of a woman's navel. At the same time the machines are checking for contraband, they can produce an X-rated image comparable in quality to those found in Playboy magazine. This article focuses on the efficacy of the device, the need to protect society, and individual privacy rights in light of the boundaries provided by Fourth Amendment search and seizure laws. Supporting arguments advanced for use of backscatter technology include (a) the enhanced security to society, (b) reduced invasiveness of the search, and (c) the reduction in health risks associated with the use of the devices. Opposing arguments focus upon the slippery slope and unacceptable degree of intrusion upon the privacy rights of the individual. The article concludes by framing the legal arguments within an analysis of the opportunity costs associated with implementation of the X-rated X-ray devices.

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50

Noble, Alice A., Andrew L. Hyams y Nancy M. Kane. "Charitable Hospital Accountability: A Review and Analysis of Legal and Policy Initiatives". Journal of Law, Medicine & Ethics 26, n.º 2 (1998): 116–37. http://dx.doi.org/10.1111/j.1748-720x.1998.tb01668.x.

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Hospitals long ago shed their role as alms houses for the poor. What vestiges remain of the early American hospital are the tax-exempt, nonprofit hospital form and a general perception that hospitals, as charitable institutions, owe a duty to their communities. The appropriateness of the nonprofit hospital tax exemption has long been debated, and many theories have been advanced to justify the tax exemption of nonprofit hospitals. In a growing number of jurisdictions, however, state and local authorities have gone beyond the theoretical debate and are challenging the tax exemption of their nonprofit hospitals. For various reasons, efforts are afoot to capture greater community benefit from nonprofit hospitals.At the heart of such challenges is the debate over the nature and extent of the duty charitable institutions owe to their communities. A demand is growing for nonprofit hospitals to earn their tax exemptions by benefiting their communities in concrete ways. Some have been stripped of their tax-exempt status by local authorities or pressured to make payments in lieu of taxes. A number of states have recently implemented initiatives in an attempt to make hospitals more accountable for their community benefits. Many hospitals are responding to this heightened scrutiny in a proactive way, by voluntarily documenting community benefits. A number of nonprofit hospitals and hospital associations are cooperating with—or even sponsoring—state legislation in this area.

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