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1
Miller, Michael J. "Selected US Tax Developments: Adams Challenge (UK) Limited: When Does a Treaty Provision Conflict with the Code?" Canadian Tax Journal/Revue fiscale canadienne 69, n. 2 (agosto 2021): 655–67. http://dx.doi.org/10.32721/ctj.2021.69.2.ustd.
Abstract (sommario):
In the United States, statutes and treaties are on an equal footing. Thus, in the event of a conflict between a statute and a treaty, the treaty does not automatically take precedence over the statute. Moreover, the US courts go to great lengths to avoid finding the existence of any conflict. This article discusses a recent case in which the Tax Court held, among other things, that a punitive deduction-disallowance rule applicable solely to non-US persons did not conflict with the non-discrimination article of the income tax treaty in effect between the United States and Canada.
2
Muneeza, Aishath, e Zakariya Mustapha. "Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia". Journal of Muamalat and Islamic Finance Research 17, n. 1 (1 giugno 2020): 56–69. http://dx.doi.org/10.33102/jmifr.v17i1.260.
Abstract (sommario):
Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.
3
Klekovkin, Olexander. "The Kyiv “Incident”: A War of Statutes". ARTISTIC CULTURE. TOPICAL ISSUES, n. 19(2) (29 novembre 2023): 10–16. http://dx.doi.org/10.31500/1992-5514.19(2).2023.294618.
Abstract (sommario):
The paper focuses on the reconstruction and analysis of the so-called Kyiv “incident” (1908) that marked a new type of conflict in the theatre life and developed a new disposition in the theatrical community. What constituted the incident was a collective refusal of the actors to proceed with the play until the theatre reporter and critic Petr Yartsev (1870–1930) would not leave the premises of the Solovtsov theatre. This “incident” roused the theatrical community, becoming the subject of intense discussions in the All-Russia press during the 1908–1910. It was covered in dozens of short notices and disputes; however, it was never analyzed from the standpoint of the change in statuses and dispositions: the researchers mainly pointed out at the “progressive” aesthetic ideas of the Moscow critic and backward province. This, probably unintentionally, again trapped the discussion within the limitations of the “Russian world.” Sometimes, though, Petr Yartsev, the theatre journalist who provoked the conflict, was even considered conservative in his artistic taste (while, in reality, someone’s aesthetic taste is not relevant until it becomes a factor of a proven impact or a marked of a covert collision). Nevertheless, the witnesses and participants of the “incident” left enough testimonies to analyze it as a marker of new tendencies in the theatre culture, in particular, as a marker of development of new relations between theatre and theatre journalism, especially taking into account that during the period, similar incidents occurred not only in Kyiv. Hence, this phenomenon became widespread and revealed the new type of conflict. A. Kugel, an editor of the Saint Petersburg journal Theatre and Art (Teatr i iskusstvo), played a significant role in development of this new disposition. Having turned from the local event into the All-Russia war of statuses, the Kyiv “incident” announced the era of the new type of conflicts (metropolis vs province, art vs the press). The court judgement in favor of the press became a precedent that defined the new rules and boundaries in the relations between theatre and the press.
4
Urban, Amanda. "Defining Ambiguity in Broken Statutory Frameworks and its Limits on Agency Action". Michigan Journal of Environmental & Administrative Law, n. 6.1 (2016): 313. http://dx.doi.org/10.36640/mjeal.6.1.defining.
Abstract (sommario):
“The Problem” occurs when a statute’s provisions become contradictory or unworkable in the context of new or unforeseen phenomena, yet the statute mandates agency action. The application of an unambiguous statutory provision may become problematic or unclear. Similarly, unambiguous provisions may become inconsistent given a particular application of the statute. During the same term, in Scialabba and UARG, the Supreme Court performed a Chevron review of agency interpretations of statutes facing three variations of the Problem, which this Note characterizes as direct conflict, internal inconsistency, and unworkability. In each case, the Court defined ambiguity in various, nontraditional ways and deferred to the agency’s reasonable interpretation of the statute. The broadest definition of ambiguity provided by the Justices encompassed direct conflicts, internal inconsistencies, and unworkability. In contrast, the narrowest definition found ambiguity based only on internal inconsistency. Some Justices found no ambiguity, but allowed an agency more interpretive flexibility to resolve the Problem and accomplish the unambiguous mandate of the statute. This Note contends that ambiguity in broken statutory frameworks may influence the traditional Chevron analysis; the Court may defer to an agency’s reasonable interpretation or allow an agency greater interpretive flexibility where it would not otherwise. But an agency does not have unlimited interpretive authority each time the Problem arises. Agency interpretations that alter or ignore unambiguous statutory text or functionally change the statute may still be impermissible under Chevron review. This Note raises agencies’ awareness regarding these nontraditional definitions of Chevron ambiguity, and discusses agency interpretive authority and limitations in the context of the Problem.
5
Moorman, Anita M., e Adam R. Cocco. "College Athlete NIL Activities and Institutional Agreements at a Crossroads: An Analysis of the Regulatory Landscape and “Conflict Language” in State NIL Legislation". Journal of Legal Aspects of Sport 33, n. 1 (21 febbraio 2023): 59–85. http://dx.doi.org/10.18060/27106.
Abstract (sommario):
State legislation paved the way for college athletes to begin monetizing their name, image, and likeness (NIL) through commercial activities as of July 2021. However, the statutory language utilized in state NIL legislation provides an inconsistent regulatory framework for college athletes as they seek to navigate the NIL landscape. Therefore, the purpose of this study was to conduct a comparative legal analysis of state NIL legislation to determine how these statutes restrain college athlete NIL activities that conflict with institutional agreements, limit NIL activities during official team activities, and establish enforcement or dispute resolution processes for asserted conflicts. We analyzed 26 state NIL statutes containing specific conflict language and found three areas of significant variation between states: the regulatory framework used to define contractual restraints; the definition and treatment of contract types subject to potential conflicts with NIL activities; and the requirements placed upon an institution when a contractual dispute arises. We discuss these areas of discrepancy between state NIL legislations and offer recommendations for legislatures focused on creating an NIL environment for college athletes with minimal restraints.
6
Гетьман-Павлова, Ирина, e Irina Getman-Pavlova. "THE DOCTRINE OF PRIVATE INTERNATIONAL LAW: THE THEORY OF STATUTES IN GERMANY AT THE END OF XVII CENTURY (JOHANN SHILTER AND SAMUEL STRYK)". Journal of Foreign Legislation and Comparative Law 1, n. 6 (7 febbraio 2016): 0. http://dx.doi.org/10.12737/17119.
Abstract (sommario):
The article investigates the development of the German doctrine of private international law at the end of the XVII century, in particular, the author analyzes the essays of Johann Schilter and Samuel Stryk. Among the German scholars engaged in the problems of the conflict of laws, Johann Schilter and Samuel Stryk are very prominent, however, their creativity and their contribution to the development of the doctrine of the conflict of laws rules are virtually unknown in Russian jurisprudence. They adhered to the opinion on dividing all statutes into three groups, but they preferred not to use the terms statutes personalia, realia, mixta. However, neither Shilter nor Stryk accepted the Dutch comitas gentium doctrine, so it is impossible to consider these scholars to be representatives of the “Dutch-German version of the theory of the statutes” as a concept, which is based on international comity. They attempted to explain the application of foreign laws from the standpoint of humanism and jus divinum. Shilter and Stryk’s conflict doctrines are of great interest and demonstrate the specificity of the German conflict doctrine, which has had a significant impact on the development of the legislation on German PIL.
7
Novikova, Tatiana V. "To the Issue Concerning Analogy of Statute and Analogy of Law in Conflict of Laws Framework". Rossijskoe pravosudie, n. 12 (17 novembre 2023): 89–95. http://dx.doi.org/10.37399/issn2072-909x.2023.12.89-95.
Abstract (sommario):
Problem statement. The present research stems from acknowledgement by several specialists regarding “analogy of statute” and “analogy of law” application in Private International Law of the Russian Federation. The author considers this proposition as contradictory to article 1186-2 of the Civil Code of the Russian Federation and conflict of laws essence. Goals and tasks of the research. The main goal of the research is to substantiate inapplicability of “analogy of statute” and “analogy of law” in Private International Law of the Russian Federation. The indicated goal presupposes following tasks, i. e. to reject applicability of article 6 of the Civil Code of the Russian Federation in conflict of laws framework; to prove substantial inappropriateness of “analogy of statute” for choosing applicable law and to show direct application of the closest connection principle in case of conflict of laws rules absence. Methods. Methods of the research embrace general scientific and particular scientific. The first are represented by general tools of logic, including analysis, synthesis, induction, deduction and analogy, as well as systemic approach; comparative legal method plays key role among the second. Results, brief conclusion. The main conclusion of the research is that conflict of laws framework is not aware neither of “analogy of statute”, nor of “analogy of law” as utilized by the Civil Law. In conflict of laws, the closest connection principle, as general gap-filling conflict of laws rule according to article 1186-2 of the Civil Code of the Russian Federation, steps up as sole conflict of laws instrument when it is impossible to choose applicable law on the basis of existing conflict of laws rules stipulated by international treaties of the Russian Federation, Civil Code of the Russian Federation, other statutes or customs acknowledged in the Russian Federation.
8
Smith, Andrea. "Blood & Money". Texas A&M Journal of Property Law 3, n. 2 (marzo 2016): 217–42. http://dx.doi.org/10.37419/jpl.v3.i2.6.
Abstract (sommario):
In Texas, the statutes are in conflict as to whether an adopted person is emphatically given the right to inherit intestate through and from their biological parents. This Note will delve into the history of adoption law, the adoption law process, differences in the statutes, and suggest how the Texas Legislature can mend these statutes to be in harmony with each other. For the purposes of this Note, when adoptee is mentioned it only refers to a child who was adopted as a minor.
9
KECK, THOMAS M. "Party, Policy, or Duty: Why Does the Supreme Court Invalidate Federal Statutes?" American Political Science Review 101, n. 2 (maggio 2007): 321–38. http://dx.doi.org/10.1017/s0003055407070190.
Abstract (sommario):
This paper explores three competing accounts of judicial review by comparing the enacting and invalidating coalitions for each of the fifty-three federal statutes struck down by the Supreme Court during its 1981 through 2005 terms. When a Republican judicial coalition invalidates a Democratic statute, the Court's decision is consistent with a partisan account, and when a conservative judicial coalition invalidates a liberal statute, the decision is explicable on policy grounds. But when an ideologically mixed coalition invalidates a bipartisan statute, the decision may have reflected an institutional divide between judges and legislators rather than a partisan or policy conflict. Finding more cases consistent with this last explanation than either of the others, I suggest that the existing literature has paid insufficient attention to the possibility of institutionally motivated judicial behavior, and more importantly, that any comprehensive account of the Court's decisions will have to attend to the interaction of multiple competing influences on the justices.
10
Faingold, Eduardo D. "Language rights in Catalonia and the constitutional right to secede from Spain". Language Problems and Language Planning 40, n. 2 (22 luglio 2016): 146–62. http://dx.doi.org/10.1075/lplp.40.2.02fai.
Abstract (sommario):
This paper examines the linguistic rights of Catalonia as stated in the Statutes of Autonomy of Catalonia of 1979 and 2006 and the Spanish Constitution of 1978. In addition, it studies the ruling of the Constitutional Court of Spain of 2010 which annulled or reinterpreted articles of the Statute of 2006, including Article 6.1 which declares Catalan as the “preferential” language of Catalonia. The paper offers some suggestions for improving language rights for speakers of Catalan, both within the Spanish state and the European Union, to help de-escalate language conflict between Catalonia and the Spanish state.
11
Hill, H. Hamner. "Bankruptcy vs. Environmental Protection: A Case Study in Normative Conflict". Canadian Journal of Law & Jurisprudence 11, n. 2 (luglio 1998): 245–76. http://dx.doi.org/10.1017/s0841820900002010.
Abstract (sommario):
Environmental protection laws are a recent legal development. As soon as these statutes first began to appear, it was evident that the fundamental principles of environmental protection would conflict, at some point, with fundamental principles from other, older, substantive bodies of law. In the American legal system, nowhere has the conflict been more serious than between environmental protection law and the law of bankruptcy. While this problem has attracted significant attention in the law reviews, it has been little noticed outside legal circles. This conflict sheds important light on the nature of normative conflicts generally, and points to the need for a well-developed theory of conflict resolution which courts can use when deciding cases. The root of the problem lies in a conflict between the underlying policy goals of these substantive bodies of law such that satisfying one policy objective necessarily undercuts the other. As such, the conflict between bankruptcy and environmental protection should be classified as a normative collision. This discussion examines this normative collision as it exists in American law in some detail. Such an examination provides interesting insights into the nature and pervasiveness of normative conflicts in our legal system. It also serves to illuminate both the theoretical and practical need for a coherent, well developed mechanism for resolving normative conflicts when conflicts arise.
12
Shadduck, John H. "Application of California's Antideficiency Statutes in Conflict of Laws Contexts". California Law Review 73, n. 4 (luglio 1985): 1332. http://dx.doi.org/10.2307/3480432.
13
Jha, Srijita, e Akshay Zaveri. "Working of Section 153A of the Income Tax Act, 1961: Resolving the Conflict between the Literal Rule of Interpretation and Harmonious Construction". Christ University Law Journal 6, n. 2 (1 giugno 2017): 45–60. http://dx.doi.org/10.12728/culj.11.3.
Abstract (sommario):
This article ventures into the various interpretations given by the court for the execution of Section 153A of the Income Tax Act, 1961. It has forever been a conflict as to how the particular section has to be interpreted, in order to decide whether the items of regular assessment can be added back in the proceeding under section 153A, after the finalization of assessment. This article tries to decode the mixed opinions of the court with regard to whether it is the literal rule of interpretation or the rule of harmonious construction that would apply to interpret Section 153A. This issue has been dealt with by the authors by analysing the various tools of interpretation of statutes like Literal Rule of Interpretation, reading down of statute as a whole, Rule of Harmonious Construction of statute etc. and their application in various cases based on judicial dicta of the court of law. The authors, based on thorough analysis of Section 153A, based on the language of the provision and the interpretations attached to it by the Judiciary, have tried to resolve the conflict between the Literal rule of interpretation and harmonious construction.
14
Nyarango, Archibold Ombongi. "A Jigsaw Puzzle or a Map? The Role of Treaties under Kenya's Constitution". Journal of African Law 62, n. 1 (27 novembre 2017): 25–50. http://dx.doi.org/10.1017/s0021855317000298.
Abstract (sommario):
AbstractKenya's 2010 Constitution marks the first time that treaty law has been constitutionally declared part of Kenya's domestic law. However, the laconic drafting of the relevant provision leaves unanswered questions about the role of treaties. This article seeks to answer some of those questions, addresses conflicts between treaties and other laws, and concludes that treaties can be directly enforceable in domestic law unless they are expressly non-self-executing. Furthermore, domestic courts must apply treaties in accordance with the constitution, although the article also addresses the problems that this causes with article 103 of the UN Charter and the East African Community Treaty. Treaties that are applied directly domestically should be considered at a par with statutes enacted by the national Parliament and prevail over county laws. Human rights treaties should carry greater weight than conflicting statutes. Where a treaty is implemented into domestic legislation, the “parent” treaty should prevail where there is a conflict.
15
Cortright, Carly E., Wesley McCann, Dale Willits, Craig Hemmens e Mary K. Stohr. "An Analysis of State Statutes Regarding the Role of Law Enforcement". Criminal Justice Policy Review 31, n. 1 (20 ottobre 2018): 103–32. http://dx.doi.org/10.1177/0887403418806562.
Abstract (sommario):
Police officer roles are typically divided into either crime control or peacekeeping/order maintenance functions. With the prevalence of community-oriented policing (COP), the majority of an officer’s duties are ostensibly more order maintenance in nature, but in the post-Ferguson world, the crime-fighting, warrior cop mentality still holds firm, which is in conflict with the tenets of COP. State statutes dictate the legal role of police officer and prior analyses demonstrated a shift over time toward including more order maintenance tasks following the emergence of COP. This analysis reexamines these statutes to determine if this shift continued. Our findings indicate a counterintuitive reversal in the trend, with more states removing order maintenance and peacekeeping duties from their statutes despite the wide dominance of COP.
16
Essadik, Sayf Eddine. "THE PARTICULARITY OF THE CONFLICT OF LAWS IN MOROCCO: THE INVERSED CASE OF THE PERSONAL STATUTE OF FOREIGNERS." Indonesia Private Law Review 3, n. 1 (29 giugno 2022): 13–24. http://dx.doi.org/10.25041/iplr.v3i1.2461.
Abstract (sommario):
Morocco has one of the oldest international private law statutes that are still working, to some extent. The environment in which that law was adopted and the current environment in Morocco are in complete and utter discord. Yet somehow, this statute stayed in effect and even today is applicable in competition with other laws. This paper strives to elucidate the complexity jurists in Morocco must deal with due to the absurdity in matters of the personal statute of foreigners. This paper seeks to explain the historical and legal basis for Morocco's approach to international private law, particularly in matters concerning the personal statute of foreigners. Not only has the general theory (qualification, public order, renvoi, and evasion of law) evolved in a specific way, but so has the application of these principles to the subject matter, the personal statute. Given the importance of the historic element in the adoption and development of this field, the method used for this study is juridical normative with historical-descriptive characteristics; a historical description is required. The research method used is qualitative. The findings of this paper will highlight the need for change or clarification of the confusion that this blending of different legal provisions causes for legal professionals and partitioners alike.
17
Putri, Elfirda Ade, Windy Sri Wahyuni, Muhammad Yusrizal Adi Syaputra, Agata Jacqueline Paramesvari e Gede Aditya Pratama. "Legal Protection of Rohingya Citizens Related to The Conflict in Myanmar". Jambura Law Review 5, n. 1 (16 gennaio 2023): 60–75. http://dx.doi.org/10.33756/jlr.v5i1.16722.
Abstract (sommario):
There are many crimes against humanity cases that occurred in the world. One of them is happened in Myanmar, which is Rohingya ethnic conflict. Rohingya ethnic conflict is an issue based on discrimination to Rohingya ethnic because there are some differences at ethnic and religion. Ethnic Rohingya is not recognized by Myanmar and not granted a status of citizenship Based on Myanmar Citizenship Law (Burma Citizenship Law 1982). This research was conducted to find out how the legal forms to Rohingya citizens based on international law. This methodology is a normative legal research that uses statutes, case, fact approaches. The research found that the role of UNHCR in handling Rohingya cases has been mandated by the United Nations and in accordance with UNHCR Statute. UNHCR plays an important role in addressing the issue of Rohingya case, at leas as initiator, facilitator, conciliator, and determination. Such roles were taken to resolve the conflict that face by Rohingya ethnic, like provide protection, safety, and facilitate every Rohingyas refugees needs. In addition to the role of UNHCR, some countries such as Indonesia, Thailand and Canada also provided some arrangement in addressing the issue of Rohingya.
18
Kunstreich, Jasper. "III. Zunft und Unordnung". Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Germanistische Abteilung 139, n. 1 (1 luglio 2022): 86–111. http://dx.doi.org/10.1515/zrgg-2022-0003.
Abstract (sommario):
Abstract Guilds between authority and opposition. This paper compares the legal status of guilds in two German towns of the late Middle Ages: Frankfurt am Main and Hamburg. Both cities represented commercial hubs, Frankfurt with its privilege to hold fairs, Hamburg as a port town and member of the Hanse. Both cities also witnessed unrest and public protest by guilds during the second half of the 14th century. This article argues that those conflicts erupted over the guilds’ attempts to formalise their legal status by having their statutes written and acknowledged by the city council. The council eventually pre-empted those attempts. This happened through a process of bargaining that can be subdivided into three different stages: production of written demands or statutes, destabilisation, escalation. Putting something into writing created a qualitative distinction to orality in a society that was predominantly communicating orally and in presence. Thus, the latter was still the mode of political communication, mainly by swearing an oath, that could settle these conflicts. Where this process failed, the conflict could erupt into open violence, which in turn could only be settled by outside intervention – as in the case of Frankfurt.
19
Schoen, Wendy L. "Conflict in the Parameters Denning Life and Death in Missouri Statutes". American Journal of Law & Medicine 16, n. 4 (1990): 555–80. http://dx.doi.org/10.1017/s0098858800008546.
Abstract (sommario):
Over the last twenty years, state legislatures have enacted statutes incorporating medically and legally established criteria to be utilized in the determination of death. Similarly consistent criteria for determining the onset of life have yet to be established. As a result, unacceptably conflicting statutory language defining life and the state's interest in that life exists. This conflict can be resolved by a functional approach that consistently applies criteria used to define the end of life to the beginning of life.
20
Lomnicka, Eva. "Interpreting the Lex Fori's Statutes in a Conflict of laws Problem". International and Comparative Law Quarterly 39, n. 4 (ottobre 1990): 914–18. http://dx.doi.org/10.1093/iclqaj/39.4.914.
21
Kirgis, Frederic L. "Federal Statutes, Executive Orders and “Self-Executing Custom”". American Journal of International Law 81, n. 2 (aprile 1987): 371–75. http://dx.doi.org/10.2307/2202408.
Abstract (sommario):
A hotly debated issue raised in this publication’s October 1986 Agora and, repeatedly, during the drafting of the Restatement of Foreign Relations Law of the United States (Revised) has to do with the relationship between customary international law and federal law in the United States. Most of the debate addressed whether a newly emerged custom would supersede an earlier federal statute or self-executing treaty. The reporters of the Restatement took a strong stand at first, placing custom on the same plane as federal statutes and self-executing treaties: in case of conflict, the latest in time should prevail. Criticism rolled in, and the reporters eventually retreated a bit. The final version says only that since custom and international agreements have equal authority in international law, and both are law of the United States, “arguably later customary law should be given effect as law of the United States, even in the face of an earlier law or agreement, just as a later international agreement of the United States is given effect in the face of an earlier law or agreement.”’
22
Haglund, Jillienne, e David L. Richards. "Enforcement of sexual violence law in post-civil conflict societies". Conflict Management and Peace Science 35, n. 3 (18 maggio 2017): 280–95. http://dx.doi.org/10.1177/0738894217695536.
Abstract (sommario):
The climate of impunity in many post-civil conflict societies results in unprecedented levels of violence against women, making legal implementation and law enforcement particularly difficult. We argue that the presence of strong legal provisions mediates the negative influence of the post-civil conflict environment on violence against women. Specifically, we examine the role of strong legal protections on the enforcement of sexual violence legislation in post-civil conflict countries. To examine our hypothesis, we utilize an original dataset measuring the strength and enforcement of domestic legal statutes addressing violence against women for the years 2007–2010 in post-civil conflict countries. We find elements of civil conflict as well as domestic and international legal regimes to be reliably associated with the enforcement of violence against women laws and rape prevalence in post-civil conflict states.
23
Bachmid, Fahri, e Diani Indah Rachmitasari. "The Supreme Court's Authority: Judicial Review of Statutes and By-Laws of Political Parties against Laws". LAW REFORM 18, n. 2 (16 agosto 2022): 184–204. http://dx.doi.org/10.14710/lr.v18i2.46275.
Abstract (sommario):
The debate about the authority of the Supreme Court to examine the Statutes and bylaws of Political Parties against the Law has become a problem in the practice of law in Indonesia. This study aims to analyze the nature of the Supreme Court's authority to examine the Statutes and bylaws of political parties against the law. This research is a normative legal research. The data collection technique used in this research is literature study. The analytical technique used in this research is hermeneutic analysis method and interpretation. The results of this study indicate that political parties as public legal entities are present in all aspects of government and have an important contribution in determining the direction of constitutional development in Indonesia. Ratification of the Articles of association and by-laws of Political Parties based on a Ministerial Decree and announced in the State Gazette of the Republic of Indonesia. In this case, the Statutes and bylaws of a political party are statutory regulations under laws and Ministerial Decrees. The Supreme Court must carry out its supervisory function, including testing the Statutes and bylaws of political parties that are in conflict with the Law on Political Parties. This study concludes that the Supreme Court exercises broad powers as judge made law, especially in dealing with complex cases, such as the Statutes and bylaws issues of political parties.
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Dromgoole, Sarah. "Military Remains on and around the Coast of the United Kingdom: Statutory Mechanisms of Protection". International Journal of Marine and Coastal Law 11, n. 1 (1996): 23–45. http://dx.doi.org/10.1163/157180896x00366.
Abstract (sommario):
AbstractThis article addresses the protection afforded by UK statute law to the large number of military remains found on and around the coast of the UK. It is concerned primarily, but not exclusively, with remains from World Wars I and II. These remains are varied in nature and include sunken vessels and aircraft; landing craft and amphibious vehicles; fortresses, gun emplacements and other coastal defences. They face a wide variety of threats, including looting, redevelopment, dredging and land reclamation, erosional processes, recreational activities and neglect. The article examines the protection offered to these remains by three statutes: the Protection of Wrecks Act 1973, the Protection of Military Remains Act 1986 and the Ancient Monuments and Archaeological Areas Act 1979. The provisions of each statute are examined in order to consider the extent of the protection they may afford. The interrelationship of the statutes is also given consideration and the rather peculiar overlapping of their provisions is discussed. The Protection of Military Remains Act 1986 is given particularly full analysis since this statute has been neglected by academic commentators in the past and yet could offer a useful protective mechanism. Although it was enacted after the Falklands conflict primarily in order to protect the sanctity of human remains, its provisions, if fully implemented, would have wide effect. The difficulty which may arise in choosing the most appropriate statutory mechanism for protection of particular remains is illustrated by an interesting case study relating to the German vessels scuttled by their crews in Scapa Flow at the end of World War II. Finally, some comments and suggestions are made concerning the current division of administrative responsibility for military remains in the UK which leads to an unco-ordinated approach to protection.
25
Spiegel, Nico. "Multistate Conflicts in Antitrust Law: the American-Japanese Case". Journal of Interdisciplinary Economics 4, n. 4 (luglio 1992): 317–30. http://dx.doi.org/10.1177/02601079x9200400403.
Abstract (sommario):
Accusations of unfair behaviour in the field of antitrust law have been at all times on the agenda of American-Japanese conflicts. There is a continuous battle in the court rooms and on political forums about the range of application of American antitrust provisions. Japanese as well as European enterprises are confronted with a more and more aggressive and far-reaching assertion of American jurisdiction, even on acts commited outside the United States. This article sketches the development of the position adopted by the American courts and its legal backgrounds, presenting some leading cases. It describes the conflict of jurisdiction opposing the United States by its most important trade partners. This political and economic conflict represents a special virulence in the American-Japanese relationship. In spite of the textual similarities of the American and Japanese antitrust statutes there are striking differences in the practical attitude towards their enforcement. This paper outlines these differences and tries to explore their reasons. Finally, the author presents various attempts to bridge the gap between the American and the Japanese antitrust practice. A solution for the legal and political dispute requires on both sides responsible, conflict-avoiding legislative and judicial behaviour.
26
Faingold, Eduardo D. "Official English in the constitutions and statutes of the fifty states in the United States". Language Problems and Language Planning 36, n. 2 (10 agosto 2012): 136–48. http://dx.doi.org/10.1075/lplp.36.2.03fai.
Abstract (sommario):
The constitutions and legislative statutes of the fifty states in the United States are given an exhaustive screening to identify legal language defining the linguistic obligations of the state and the language rights of individuals and groups. The author suggests that in the United States, “hands-off” is good language policy not only nationwide but also statewide because states adopting a hands-off linguistic policy are consistent with the Constitution of the United States while states adopting a “hands-on” policy are in conflict with it. States adopting hands-on language legislation in their constitutions or statutes are deemed to be “nativist” because they seem unfavorable toward speakers of minority languages, while states adopting a hands-off policy are “non-nativist” because they seem favorable (or at least neutral) toward speakers of minority languages.
27
Lukianov, Dmytro, Inesa Shumilo e Mariia Lukan. "Conflict of Law Regulation in Cross-Border Copyright Inheritance". Journal of the National Academy of Legal Sciences of Ukraine 27, n. 2 (27 giugno 2020): 49–63. http://dx.doi.org/10.37635/jnalsu.27(2).2020.49-63.
Abstract (sommario):
Inheritance is one of the legal means that ensure the effective implementation of copyright, therefore the protection of the interests of testators and their successors in cross-border matters is an important task of international private law. Modern national systems of inheritance and copyright operate independently. Due to the influence of economic, political and socio-cultural factors, the unification of substantive law of these industries is unlikely, so the conflict of law method of regulation remains dominant in this area. The paper highlights the main problems of conflict of law regulation of cross-border copyright inheritance and offers approaches to overcoming them. The authors address such issues as forms of manifestation of a foreign element in the relations of copyright inheritance; problems of distinguishing between intellectual and inheritance statutes; features of the application of the point of contact lex loci protectionis; the principle of territoriality, etc. Based on the analysis, it is concluded that the subordination of key issues of copyright inheritance to the conflict rules of the intellectual statute extends the principle of territoriality to these relations and necessitates multinational protection of these relations. The paper supports the opinion of scholars who criticise the concept of territoriality in matters of copyright protection, proving its ineffectiveness. Ultimately, the authors suggest that the tools of private international law allow for flexible approaches and do not equate copyright, which is more related to personal status, and industrial property rights, aimed at achieving commercial interests. It is proposed to achieve greater flexibility by detailing the scope of the conflict of law rules and establishing a system of conflict bindings, which will allow to choose the law that is more related to the circumstances of the case.
28
Robinson, Darryl. "Defining “Crimes Against Humanity” at the Rome Conference". American Journal of International Law 93, n. 1 (gennaio 1999): 43–57. http://dx.doi.org/10.2307/2997955.
Abstract (sommario):
On July 17, 1998, the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Rome Conference) adopted the Rome Statute of the International Criminal Court (ICC). One of the many significant provisions of the ICC statute is Article 7, which defines “crimes against humanity” for the purpose of the ICC. A significant difference between the definition in the ICC statute and the major precedents on crimes against humanity is that the former definition was not imposed by victors (as were those in the Nuremberg and Tokyo Charters) or by the Security Council (as were those in the Statutes of the Yugoslavia and Rwanda Tribunals). In contrast, Article 7 was developed through multilateral negotiations involving 160 states. For this reason, one could reasonably expect Article 7 to be more detailed than previous definitions, given the interest of participating states in knowing the precise contours of the corresponding obligations they would be undertaking. For the same reason, one might expect the definition to be more restrictive than previous definitions. Fortunately, although the definition in the ICC statute is more detailed than previous definitions, it generally seems to reflect most of the positive developments identified in recent authorities. For example, the definition does not require any nexus to armed conflict, does not require proof of a discriminatory motive, and recognizes the crime of apartheid and enforced disappearance as inhumane acts.
29
Cordeau, Michel. "L'article 107 de la Loi sur la faillite et les droits des différents créanciers". Le prêt commercial 28, n. 4 (12 aprile 2005): 917–38. http://dx.doi.org/10.7202/042847ar.
Abstract (sommario):
Section 107 of the Bankruptcy Act of Canada establishes an order of collocation of creditors in a bankruptcy which comes in conflict with the order of collocation set out in many provincial statutes, and in particular, with that set out in the Quebec Civil Code for privileges. This has resulted in numerous court debates between creditors and trustees of the bankruptcy as between different categories of creditors who have seen their rank either lowered or elevated by the application of section 107. In the first part of this article, the author examines the categories of creditors concerned by this inversion, being mainly : the landlords, the Crown and Workmen's Compensation Boards. The second part of this article focuses on conflicts between secured creditors under provincial law and preferred creditors under the Bankruptcy Act. The author emphasises the differences that evolved between Quebec case law and the case law of other provinces particularily as to the scope of application of section 107 when there is a conflict between a secured lender and a lien claimant affected by section 107, on property of the bankrupt in which the trustee in bankruptcy has little or no interest.
30
Hashim, Abdulkadir. "Application of Muslim Personal Law in the Kenyan Courts: Problems and Prospects". Islamic Africa 11, n. 2 (1 settembre 2021): 208–31. http://dx.doi.org/10.1163/21540993-01101015.
Abstract (sommario):
Abstract This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.
31
Meyer, Timothy, e Ganesh Sitaraman. "The National Security Consequences of the Major Questions Doctrine". Michigan Law Review, n. 122.1 (2023): 55. http://dx.doi.org/10.36644/mlr.122.1.national.
Abstract (sommario):
The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of ‘deep economic and political significance’ that is central to [a] statutory scheme,” Congress must do so expressly—threatens to unmake the modern executive’s authority over foreign affairs, especially in matters of national security and interstate conflict. In the twenty-first century, global conflicts increasingly involve economic warfare, rather than (or in addition to) the force of arms. In the United States, the executive power to levy economic sanctions and engage in other forms of economic warfare are generally based on extremely broad delegations of authority from Congress. The major questions doctrine (MQD) threatens the ability to fight modern conflicts for two reasons. First, classic national- security-related conflicts—wars of territorial conquest, terrorism, or nuclear proliferation—increasingly are met with economic measures. But the statutes that authorize economic warfare actions are incredibly broad and recent administrations have interpreted these statutes in ways that risk running afoul of an expansive and free-form MQD. Second, “foreign affairs exceptionalism,” in which the Court decides not to apply the MQD to statutes involving foreign affairs, is not likely to work well as a response because what is “foreign” and “domestic” cannot be easily distinguished and attempts to do so will have perverse consequences. The MQD raises serious problems for foreign affairs and national security. If the MQD is applied to domestic, but not foreign, delegations, then the executive branch will have an incentive to use broad foreign affairs delegations to accomplish domestic policy objectives in order to evade the safeguards and limits that attend domestic administrative action. At the same time, judges will have to police the porous boundary between “foreign” and “domestic,” with especially high error costs because wrong decisions will affect national security. If the MQD is applied to economic delegations that touch foreign commerce, the most likely consequence is that judges—particularly lower court judges—will be put in the position of second-guessing executive branch decisionmaking on precisely those questions—economic foreign policy questions of deep economic and political significance—on which the political branches enjoy both constitutional primacy and institutional expertise. This result is troubling; judges lack the knowledge and training to make effective decisions bearing on foreign policy, and putting them in the position to do so contravenes the norms of our legal system.
32
HEALEY, JONATHAN. "THE DEVELOPMENT OF POOR RELIEF IN LANCASHIRE, c. 1598–1680". Historical Journal 53, n. 3 (17 agosto 2010): 551–72. http://dx.doi.org/10.1017/s0018246x10000191.
Abstract (sommario):
ABSTRACTThe development of the poor law has formed a key element of recent discussions of ‘state formation’ in early modern England. There are, however, still few local studies of how formal poor relief, stipulated in the great Tudor statutes, was implemented on the ground. This article offers such a study, focusing on Lancashire, an economically marginal county, far from Westminster. It argues that the poor law developed in Lancashire surprisingly quickly in the early seventeenth century, despite the fact that there is almost no evidence of implementation of statutory relief before 1598, and formal relief mechanisms were essentially in place before the Civil War even if the numbers on relief remained small. After a brief hiatus during the conflict, the poor law was quickly revived in the 1650s. The role of the magistracy is emphasized as a crucial driving force, not just in the enforcement of the statutes, but also in setting relief policy. The thousands of petitions to JPs by paupers, parishes, and townships that survive in the county archives suggests that magistrates were crucial players in the ‘politics of the parish’.
33
Crowley, Ellen M. "In Camera Inspections of Privileged Records in Sexual Assault Trials: Balancing Defendants' Rights and State Interests Under Massachusetts's Bishop Test". American Journal of Law & Medicine 21, n. 1 (1995): 131–64. http://dx.doi.org/10.1017/s0098858800010236.
Abstract (sommario):
A sexual assault trial requires a court to balance evidentiary privileges enacted by a state legislature against a criminal defendant's constitutional trial rights. State legislatures enact various privileges which either limit or prohibit the discovery of confidential communications in criminal trials. Such statutes reflect a firmly based legislative effort to protect citizens’ private and personal confidences from unwarranted public scrutiny. When a defendant charged with sexual assault seeks to compel discovery of the victim's privileged medical, psychiatric, or counseling records, a conflict inevitably arises. States and victims assert that courts must respect statutory assurances of confidentiality; defendants assert that their constitutional right to a fair trial and their right to confront the witnesses and evidence against them mandates disclosure. Resolution of this pressing conflict requires a careful balancing of both the state's and defendant's interests on a case by case basis.
34
Manyonganise, Molly, e Lillian Mhuru. "Beyond the Sacred Text: Examining the Confusion, Conflicts and Complications at the Intersection of Religion and Law in Zimbabwe". Religions 13, n. 3 (10 marzo 2022): 240. http://dx.doi.org/10.3390/rel13030240.
Abstract (sommario):
There is a widespread tendency in modern, secular society to view law and religion as unrelated except insofar as they may, from time to time, come into conflict. However, intimate relations between the two have been constituted and constantly changed throughout history. Law and religion are two great interconnecting values and belief structures with their own normative, authoritative sources and mechanisms, as well as their own legislation and amendment processes and steps. However, at the practical level, the relationship between the two has not often been smooth sailing. This paper seeks to untangle the confusion, conflicts and complications that have arisen, especially in the Zimbabwean context, when legal statutes have appeared to be in opposition with religious beliefs and practices. The major question arising from such a scenario is: How are communities of faith across the religious divide supposed to react when laws demand that they act in ways that conflict with either their sacred text whether written or oral? The focus of this paper, therefore, is to simultaneously examine the place of religion in the public sphere as well as explore the impact of enacted laws on religion in Zimbabwe. This paper made use of public discourse, as presented in a WhatsApp group chat of a Bible Challenge Group which took place on 21 February 2021. Secondary sources were utilised in informing this paper’s conceptualisation of religion and the law.
35
Đorđević, Slavko. "KOLIZIONOPRAVNO CEPANjE ZAOSTAVŠTINE USLED PRIMENE USTANOVE RENVOI I UKLANjANjE NASTALIH PROTIVREČNOSTI PRAVNIH NORMI". Glasnik prava IX, n. 2 (2018): 3–18. http://dx.doi.org/10.46793/gp.0902.003dj.
Abstract (sommario):
In Serbian private international law the so called scission of succession estate and application of several national laws to the different parts of deceased’s estate may be caused by renvoi (Art. 6 Serbian PIL Act). It may particularly happen when the conflict rule on succession of Art. 30 Serbian PIL Act refers to the foreign law whose conflict of law rules accept the concept of plurality of succession (scission of estate) which implies application of lex rei sitae to immovable property and application of personal law of deceased to movable property. In this paper author analyses the phenomena of scission of estate and institute of renovi by which scission could be caused, deals with the problem of contradictions of legal norms which arises as a consequence of application of two or more succession statutes and explains how these contradictions may be avoided by using the adaptation method of private international law.
36
Meyer, Michael A. "Protecting the emblems in peacetime: The experiences of the British Red Cross Society". International Review of the Red Cross 29, n. 272 (ottobre 1989): 459–64. http://dx.doi.org/10.1017/s0020860400074660.
Abstract (sommario):
The special significance of the red cross and red crescent emblems as internationally agreed symbols of protection and neutrality in armed conflict will be diluted if these emblems, or signs closely resembling them, are used randomly or for diffuse purposes in time of peace. In countries like the United Kingdom which for the most part have been spared armed conflict for the past 40 years, the red cross emblem has frequently become closely identified with first aid and with general health or medical care, its primary and unique meaning during armed conflict often being forgotten or unknown. For this reason it is perhaps particularly important for National Societies in such countries to help the authorities monitor unauthorised uses or misuses of the emblems, and the role of National Societies in this respect has been recognised under the 1986 International Statutes of the International Red Cross and Red Crescent Movement (Article 3 [2] thereof). In addition, dissemination activities can help to enhance understanding of the purpose of the emblems. This short article will discuss practical aspects of the monitoring role of the British Red Cross Society.
37
Hanks, Reuel R. "Dynamics of Islam, identity, and institutional rule in Uzbekistan: Constructing a paradigm for conflict resolution". Communist and Post-Communist Studies 40, n. 2 (26 aprile 2007): 209–21. http://dx.doi.org/10.1016/j.postcomstud.2007.03.003.
Abstract (sommario):
The “re-Islamization” of society in independent Uzbekistan has proven to be a complex process, generating conflict in the social, cultural and political spheres. Since the early 1990s, the regime of Islam Karimov has sought to undermine any manifestation of “unofficial” Islam via imprisonment of the leadership, implementation of repressive statutes governing religious activity, and other coercive means. Yet, since 1999 Uzbekistan has experienced more religious violence directed against government power structures by “extremists” than any other former Soviet republic in Central Asia. Important issues that should direct U.S. policy remain unresolved: How significant is the threat from radical Islam in Uzbekistan, that is, what are the chances of politicized, “fundamentalist” Islam emerging as a mass movement there? Has recent U.S. policy reduced or exacerbated the dynamics of conflict between the regime and the “radicals?” In order to effect resolution of this conflict, a new paradigm must be implemented in U.S.–Uzbek relations which moves the Uzbek regime toward democratization, while maintaining social stability. In addition, politicized Islam, in a non-radicalized form, should also figure into any policy strategy directed at long-term stability in Uzbekistan.
38
Krupski, Jan A. "Connecting Security Rights in Receivables — A Canadian Perspective on the Rome Convention". European Review of Private Law 10, Issue 6 (1 dicembre 2002): 739–60. http://dx.doi.org/10.54648/5114787.
Abstract (sommario):
A regulation of the conflict of laws in receivables financing in Europe still remains incomplete. Unlike the uniform secured transactions statutes in Canadian provinces and the United States, the European Contracts Convention lacks a comprehensive evaluation of interests that would clarify the law applicable to competing creditors. Notwithstanding, courts do not seem prepared to reconsider whether the Convention could ever cover charges on claims. Instead of taking on a homogeneous interpretation they seem to neglect fundamentally diverging views on proprietary aspects of claims in the substantive law of Contracting States, and continue to uphold traditional national concepts. Consequently, the need for the enactment of harmonized and straightforward European law cannot be denied.
39
Obioha, Olubunmi O. "Conflict of Laws: Analysis of The Rights of an Heir Under Lesotho Customary Laws and Common Law Prescripts". Caucasus Journal of Social Sciences 9, n. 1 (3 novembre 2023): 135–47. http://dx.doi.org/10.62343/cjss.2016.161.
Abstract (sommario):
This paper discusses the rights of the heir under Basotho Custom. The paper depends on secondary data sources, namely the laws and status of Lesotho, statutes and academic literature as the main sources of data. Information derived from various sources was contextually analysed and presented in the form of logical arguments. Based on the data gathered, the general overview of the heir and the relevant authorities from which his rights are derived is discussed. The paper also discusses in depth the validity of written instructions or wills vis-à-vis the customs, traditions and practices of the people of Lesotho. This is followed by arguments about the determination of who becomes an heir under specific circumstances surrounding the facts given and lastly the rights of the heir against any imaginable parties is discussed.
40
Kadir, Rizgar Mohammed. "The Scope and the Nature of Computer Crimes Statutes - A Critical Comparative Study". German Law Journal 11, n. 6 (1 giugno 2010): 609–32. http://dx.doi.org/10.1017/s2071832200018757.
Abstract (sommario):
When computer crime statutes had yet to be enacted, computer crimes were subjected to traditional criminal laws. This policy resulted in greater expense and other considerable difficulties. These problems and difficulties paved the way for the emergence of a consensus calling for legislators to intervene and enact specific computer crime legislation suited to confronting this new type of criminal activity. Many countries in the world responded by enacting new criminal legislation and many others are on their way to take similar legislative steps.For the legislative intervention to be sound and successful two major questions should be adequately addressed; the scope of legislative intervention and the nature of computer crime legislation enacted. Regarding the first question, new criminal provisions are needed only to cover those crimes that are unique to computers themselves, other crimes in which a computer is used simply as an instrument for perpetration are either covered by existing criminal provisions or can be covered by simple amendments of said provisions. Another step that should be taken by legislators is the amendment of existing criminal laws with an aim to cover some special cases such as the cases in which the computer is used as an instrument for committing known traditional crimes, making the perpetration of such crimes easier or resulting in more dangerous consequences compared to their more traditional forms and cases in which intangible digitized property comes under threat from criminal activities.While many countries in the world have soundly followed such a method in dealing with computer related misconducts legislatively, others have failed to do so. In some countries, the legislator has criminalized some criminal conducts that have long since been criminalized by that country's penal code. This creates conflict between criminal provisions, posing problems to prosecutors and courts alike.Regarding the nature of computer crime statutes, the legislator is presented with two options. The first is the inclusion of the aforementioned criminal provisions in one separate code as one specific computer crime statute. The second is inserting substantive criminal provisions related to computer crimes into the existing penal law of the country. While the first method preserves the unity of substantive criminal law of the country in one code and prevents the dispersion of criminal provisions into many separate laws, the second one would, by contrast, create much-needed public awareness of computer crime.
41
Fowler, Luke. "Paygo for punctuality". Journal of Public Budgeting, Accounting & Financial Management 28, n. 3 (1 marzo 2016): 265–98. http://dx.doi.org/10.1108/jpbafm-28-03-2016-b001.
Abstract (sommario):
The federal budgeting process is wrought with conflict that makes it nearly impossible for the budget to be passed on time, or so it seems. One aspect overlooked is the effects of statutory Pay-As-You-Go (PAYGO) rules. The cursory evidence indicates PAYGO may be beneficial under certain circumstances. The analysis relies on an Autoregressive-Moving-Average (ARMA) time series model with data from appropriations bills signed into law from fiscal years 1994 to 2014. The findings indicate mixed effects for PAYGO statutes with a shorter budgeting timeline under the Budget Enforcement Act of 1990, but a longer timeline under the Statutory PAYGO Act of 2010. Additional findings suggest substantive relationships between the length of the budgeting process and party polarization, presidential leadership, and the economy.
42
Benos, Dale J., Jorge Fabres, John Farmer, Jessica P. Gutierrez, Kristin Hennessy, David Kosek, Joo Hyoung Lee et al. "Ethics and scientific publication". Advances in Physiology Education 29, n. 2 (giugno 2005): 59–74. http://dx.doi.org/10.1152/advan.00056.2004.
Abstract (sommario):
This article summarizes the major categories of ethical violations encountered during submission, review, and publication of scientific articles. We discuss data fabrication and falsification, plagiarism, redundant and duplicate publication, conflict of interest, authorship, animal and human welfare, and reviewer responsibility. In each section, pertinent historical background and citation of relevant regulations and statutes are provided. Furthermore, a specific case(s) derived from actual situations is(are) presented. These cases were chosen to highlight the complexities that investigators and journals must face when dealing with ethical issues. A series of discussion questions follow each case. It is our hope that by increasing education and awareness of ethical matters relevant to scientific investigation and publication, deviations from appropriate conduct will be reduced.
43
Fiorino, Daniel, e Carley A. Weted. "Environmental Federalism in a Polarized Era". State and Local Government Review 52, n. 2 (giugno 2020): 138–51. http://dx.doi.org/10.1177/0160323x20986225.
Abstract (sommario):
Environmental policy making and implementation in the United States occurs within a federal system. This system has served its purpose for nearly five decades but is now being challenged by four trends: political polarization in Congress; increasingly divergent state policies; an erosion in federal funding; and federal policy instability. Taking the place of the old, relatively cooperative federalism is an increasingly disruptive federalism. It is time to reexamine the foundations of environmental federalism and the effects of the four challenges on the effectiveness and capacities of the US system. Such efforts to evaluate environmental federalism should account for variations among programs and statutes as well as the effects on policy stability. A benefit of a federal system for environmental protection is its contribution to stability in an era of polarization and conflict.
44
Fremont-Smith, Marion R., Mark Urban e Sandy Praeger. "The Challenge of For-Profit Health Care Conversions". Journal of Law, Medicine & Ethics 31, S4 (2003): 49–50. http://dx.doi.org/10.1111/j.1748-720x.2003.tb00748.x.
Abstract (sommario):
Most hospitals are considered charities under common law because they were established for the benefit of the public. The law granted them benefits, but also imposed duties. Under the cy-pres doctrine, if a charitable purpose becomes obsolete or incapable of being carried out, the court could modify those purposes to meet current needs of the organization and the community. Modern laws attempt to find a purpose as near as possible to original purposes set up by donors. In the case of hospital conversion, some regulators say assets must be used to support hospital health care, while others say they can be used in the broad sense of health care. That has been a continuing conflict between communities and regulators.Since 1996, 30 conversion statutes have been enacted, covering hospitals, HMOs, and insurers.
45
Al-Haj, Allen. "Which Statute Will Trump". Texas A&M Law Review 5, n. 1 (ottobre 2017): 105–31. http://dx.doi.org/10.37419/lr.v5.i1.3.
Abstract (sommario):
A law can often be a double-edged sword—its mandate or protection of one right will sometimes come at the cost of another. Compounding this problem of unintended consequences is that laws do not operate in a vacuum. Instead, laws interact with other laws, and if they conflict, courts must determine which will prevail. Determining the validity of class-action waivers in employment arbitration agreements will require reconciling the Federal Arbitration Act’s mandate that arbitration agreements be enforced according to their terms against the National Labor Relations Act’s protection of employees’ right to engage in concerted activities for the purpose of mutual aid and protection. The dispute over the validity of these agreements requires courts to determine which law and congressional policy should prevail. The National Labor Relations Board and circuit courts throughout the country have been unable to reach a uniform decision, which has prompted the United States Supreme Court to grant certiorari on a triad of cases concerning this issue. With a decision from the nation’s highest Court expected during the 2017–18 term, this Comment analyzes the background and legal arguments behind these competing statutes to determine how the Court is likely to rule. This Comment concludes that, given the Court’s previous rulings in arbitration and class-action cases and the recent Supreme Court confirmation of Justice Neil Gorsuch, the Court is likely to rule in favor of validating class-action waivers in employment arbitration agreements.
46
Nguyen, Rémi. "The Opportunity for a Civil Code in Myanmar". Asian Journal of Law and Policy 1, n. 1 (28 luglio 2021): 17–45. http://dx.doi.org/10.33093/ajlp.2021.2.
Abstract (sommario):
If the modern concept of codification is seen as a Code, Myanmar experienced for long time official and various codifications in a broad interpretation of the term. Indeed, Dhammathat has been used in the Ancient Burma. Moreover, a Burma Code related to the codification of Indian Common Law has been established in the country through the British colonisation. Since the independence of the country, the government continues to compile statutes law and case law on a year-by-year basis. Nowadays, codification can be used to solve legal uncertainty and conflict of laws in civil law such as family law, contract law and property law. Hence, Myanmar needs to modernise its civil law and could do it through a Civil Code. Therefore, this modernisation can be a great opportunity to achieve the legal, social and political unity in the country.
47
Alvarez, Ariel. "State Religious Exemptions and Child Medical Neglect: Ambiguity in Child Welfare Policy and Procedures". Public Voices 14, n. 1 (14 novembre 2016): 61. http://dx.doi.org/10.22140/pv.45.
Abstract (sommario):
The liberty interest of parents and the state’s role as parens patriae conflict in cases of re-ligious based child medical neglect. All 50 states, District of Columbia, and Puerto Rico provide some form of religious exemption against prosecution for religious based child medical neglect. State religious exemptions related to religious based denial of medical treatment contain one or more intervention thresholds based on parental liberty interest, best interest of the child, and harm standard.Using the 2010 National District Attorneys Association’s National Center for Prosecution of Child Abuse Religious Exemption Statutes, an in-depth examination of state medical neglect religious exemption legislation prior to August 2010 was conducted for the 50 states in the continental U.S., District of Columbia, and Puerto Rico. The study sample consisted of 16 states identified as including only a parental liberty interest provision in their state religious exemption statutes. A comparative analysis method was used to compare state child welfare agency/child protective services policy and procedure manu-als to determine: (a) which states provided guidelines for investigating religious based child medical neglect and (b) specific procedural requirements for investigating and re-sponding to cases of suspected or observed religious based child medical neglect. The best approach to balance parental liberty interest and states’ obligation as parens patriae to protect a child’s liberty interest of health and well-being is through policies based on the harm principle as the threshold for state intervention rather than the best interest or the liberty interest standard.
48
Huda, Sholihul, Mukayat Al Amin e Mahmud Muhsinin. "Religious Conflict Management: A Study on the Ansor Youth Movement and Muhammadiyah in Lamongan, Indonesia". Abrahamic Religions: Jurnal Studi Agama-Agama 4, n. 1 (31 marzo 2024): 16. http://dx.doi.org/10.22373/arj.v4i1.22512.
Abstract (sommario):
Violence in the name of religion continues to sprout within Indonesian society. This article aims to describe the religious conflict resolution model of the NU Ansor Youth Movement and the Muhammadiyah Youth of the Paciran Lamongan Branch. This research employs a qualitative method with a sociological approach to religion, and data collection was conducted through interviews and the study of relevant literature. The findings of this study indicate that: 1) Both the NU Ansor Youth Movement and Muhammadiyah Youth reject violent models of preaching. 2) There is a difference in attitude towards perpetrators of violence, where the NU Ansor Youth Movement tends to adopt a non-accommodative firm stance, unequivocally rejecting and insisting that perpetrators of violence must be punished according to legal statutes, whereas Muhammadiyah Youth exhibits a firm-accommodative attitude, sternly condemning acts of violence but remaining willing to embrace and invite the perpetrators back to a tolerant and inclusive understanding. 3) The media of resolution employed include issuing advisory letters, press releases to the media, dialogues among community elements, conveying deradicalization insights through religious study sessions (Yasinan and Tahlilan), and the formation of Densus 99 Anti-Terror. 4) The conflict resolution model consists of two stages: long-term, aiming to build cadre awareness of the importance of a tolerant attitude and peaceful living through education, training, social and economic empowerment, ideological development, and the distribution of cadres to the public domain; and short-term, wherein preaching programs are executed sporadically and reactively at the time or after acts of violence to prevent the expansion and escalation of conflict.
49
Meyers, Amy. "Lifting the veil: The lived experience of sibling abuse". Qualitative Social Work 16, n. 3 (3 novembre 2015): 333–50. http://dx.doi.org/10.1177/1473325015612143.
Abstract (sommario):
Sibling abuse remains under the radar despite its devastating consequences. Without the provision of child welfare statutes to identify sibling abuse and its lack of distinction from other forms of sibling conflict, child welfare workers, mandated reporters, and practitioners face challenges to make complete assessments of family violence. The narratives of 19 self-identified survivors of traumatic childhood and adolescent sibling abuse accentuate the need to identify and validate these experiences as a necessary aspect of protection and healing. Exploratory research of sibling abuse based in a grounded theory framework and phenomenological analysis uncovered critical incidents of physical and emotional sibling abuse underscoring its harrowing impact. The accounts give clarity to defining sibling abuse which includes unpredictable and relentless acts of intimidation resulting in a state of helplessness and isolation. The findings have protective and practice implications for child welfare and clinical social work.
50
Treichl, Clemens. "The Denial of Oral Hearings by International Administrative Tribunals as a Factor for Lifting Organizational Immunity before European Courts". International Organizations Law Review 16, n. 2 (16 dicembre 2019): 407–46. http://dx.doi.org/10.1163/15723747-20181139.
Abstract (sommario):
Although formally provided for in particular statutes, certain international administrative tribunals continue to hold oral hearings—if at all—only on the rarest of occasions. With specific attention to the International Labour Organization Administrative Tribunal, the present paper aims 1) at recapitulating essential holdings of the European Court of Human Rights with regard to the right to access to a court in the context of employment-related claims against international organizations; and 2) at examining the relevance of oral hearings in the determination of proportionality of organizational immunity. The analysis shows that, in principle, the denial of oral hearings by international administrative tribunals results in the duty of states to afford individuals access to a court. In the realm of international law, a conflict with the obligation to grant immunity ensues. As yet, domestic courts have remained reluctant to overrule immunity on human rights grounds.