Turning Facts into Legal Guidelines and Reducing Judicial Uncertainty thru Methodological Innovations: Application to Contract Damages

2019 ◽  
Author(s):  
Frank Giaoui
Keyword(s):  
Legal Guidelines ◽  
Judicial Uncertainty

State Intervention During Public Health Emergencies: Is the United States Prepared for an Ebola Outbreak?

2015 ◽  
Vol 12 (2) ◽  
Author(s):  
Marie-Helen Maras ◽  
Michelle D. Miranda
Keyword(s):  
Public Health ◽  
State Intervention ◽  
The United States ◽  
International Travel ◽  
American Government ◽  
Training And Education ◽  
Public Health Emergencies ◽  
The Us ◽  
Bioterrorism Agent ◽  
Legal Guidelines

AbstractIn the fall of 2014, the US was faced with the reality that a deadly, foreign virus had entered its borders. Ebola, a disease thought to be of little threat to the US yet classified as a major bioterrorism agent, became a reality for the American government and its citizens. The introduction of Ebola unveiled many deficiencies in the country’s health care system, international travel policies, and ability to control or restrict the movement of exposed individuals in order to protect the larger population. The need to review and establish legal guidelines and policies to deal with these deficiencies is paramount: the inherent lack of training and education; weaknesses in monitoring, maintenance, and treatment; and the lack of uniform guidelines to isolate international travelers have all demonstrated that the country may not be able to control a larger-scale threat in the future.

scholarly journals Artistic Freedom or Animal Cruelty? Contemporary Visual Art Practice That Involves Live and Deceased Animals

Animals ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 812
Author(s):  
Ellie Coleman ◽  
Rebecca Scollen ◽  
Beata Batorowicz ◽  
David Akenson
Keyword(s):  
Best Practice ◽  
Animal Cruelty ◽  
Art Practice ◽  
Animal Protection ◽  
Ethical Implications ◽  
High Profile ◽  
Unethical Practices ◽  
Artistic Freedom ◽  
Legal Guidelines ◽  
Selection Of

This paper examines a selection of 21st-century international examples of exhibited visual artworks involving live or deceased animals. It seeks to reveal the risks and benefits of unique encounters with animals through art and to consider the ethical implications of artwork deploying animals. Australian and international animal protection laws are not explicit when it comes to the sourcing of animals for art nor for the direct inclusion of animals in artworks. This lack leads to a variety of artistic practices, some considered ethical while others are viewed as controversial, bordering on animal cruelty. Artwork selection is determined by a focus on high-profile artists who intentionally use animals in their practice and whose reputation has been fostered by this intention. The study provides insight into how the intentional use of ethically sourced animals within art practice can be a method of addressing hierarchal human–animal imbalances. Further, this study identifies unethical practices that may be best avoided regardless of the pro-animal political statements the artists put forward. Recommendations of how to better determine what is an acceptable use of animals in art with a view to informing legal guidelines and artistic best practice are presented.

Closed Trials and Secret Allegations

2016 ◽  
Vol 80 (4) ◽  
pp. 264-277 ◽  
Author(s):  
Daniel Kelman
Keyword(s):  
United Kingdom ◽  
National Interest ◽  
Fair Trial ◽  
Amount Of Information ◽  
House Of Lords ◽  
Lower Courts ◽  
Grand Chamber ◽  
Do So ◽  
Judicial Uncertainty

The tension between an individual’s right to a fair trial and a state’s prerogative to withhold information where it is in the national interest to do so is an issue which is especially relevant in preventative detention cases. In a string of cases since 2009, lower courts have interpreted the ‘gisting’ requirement imposed by the Grand Chamber in A v United Kingdom in response to this problem. This paper will consider the jurisprudence of the lower courts and will argue that the House of Lords’ judgment in AF No. 3 imposed requirements not only in relation to the amount of information that must be disclosed, but also in relation to what that information must consist of. It will note that two irreconcilable interpretations of A have developed, and argue that one of those approaches is incompatible with AF. Finally, it will discuss the interaction between these decisions and the statutory framework of the JSA, especially ss 6(5) and 7(2), and will consider the consequences of the judicial uncertainty in this area in relation to the return of TPIMs following the CTSA.

The Influence of Judicial Uncertainty on Executive Support for Negotiation in Canadian Land Claims Policy

2009 ◽  
Vol 42 (2) ◽  
pp. 417-442 ◽  
Author(s):  
Christa Scholtz
Keyword(s):  
Time Series ◽  
Research Agenda ◽  
Judicial Politics ◽  
Federal Budget ◽  
Land Rights ◽  
Land Claims ◽  
Indigenous Groups ◽  
Indigenous Land Rights ◽  
Indigenous Land ◽  
Judicial Uncertainty

Abstract. Governments and Indigenous groups bargain under the shadow of the law, and this paper pushes the judicial politics research agenda by examining empirically whether flickers in law's shadow systematically affect the implementation of the Canadian government's negotiation choice in the Indigenous land rights context. Through interviews and a time series analysis of Canada's specific claims policy, I find that judicial uncertainty increases the federal government's propensity to accept specific claims for negotiation. However, there is evidence that Indigenous protest action during the Oka crisis and Elijah Harper's role in scuttling the Meech Lake constitutional accord, more than other factors, greatly impacted the federal budget allocated towards negotiation.Résumé. Les négociations entre les gouvernements et les groupes autochtones se déroulent sous les auspices de la loi, et le présent document examine le programme de recherche sur les politiques légales afin de déterminer de façon empirique si certaines imprécisions dans la loi influent sur les options retenues par le gouvernement du Canada en ce qui concerne les droits sur les terres autochtones. Une analyse statistique de la politique de revendication en vigueur au Canada ainsi qu'un certain nombre d'entrevues m'ont permis de constater l'existence d'un flou juridique qui amène le gouvernement fédéral à accepter d'examiner certaines revendications spécifiques à la table des négociations. Il semble toutefois que certains incidents particuliers, comme les gestes de protestation posés par les autochtones lors de la crise d'Oka, ou le rôle joué par Elijah Harper dans l'échec de l'Accord constitutionnel du lac Meech, aient eu une incidence marquée sur l'importance des sommes allouées par le gouvernement fédéral à ces négociations.

scholarly journals IDENTIDADE PESSOAL E SOCIAL DA CRIANÇA: A IMPORTÂNCIA DOS BRINQUEDOS E DAS BRINCADEIRAS.

2019 ◽  
Vol 2 ◽  
pp. 44
Author(s):  
Raquel Dilly Konrath ◽  
Cláudia Schemes
Keyword(s):  
Early Childhood ◽  
Early Childhood Education ◽  
Social Identity ◽  
National Curriculum ◽  
Social Formation ◽  
Childhood Education ◽  
Legal Documents ◽  
Curriculum Guidelines ◽  
The Right ◽  
Legal Guidelines

O presente artigo tem como objetivo abordar e analisar a formação da identidade pessoal e social da criança na Educação Infantil estabelecidos nas atuais Diretrizes e Referenciais Curriculares Nacionais da Educação Infantil. Procura, também, identificar a importância das brincadeiras e suas interações, dos brinquedos para o desenvolvimento da formação desta identidade e do papel do professor e da professora nesse processo. Esta pesquisa configura-se como exploratória qualitativa e tem como procedimento técnico a análise dos documentos legais como o Referencial Curricular Nacional para a Educação Infantil: formação pessoal e social (BRASIL, 1998), as Diretrizes curriculares nacionais para a educação infantil (BRASIL, 2010) e os Brinquedos e brincadeiras nas creches: manual de orientação pedagógica (BRASIL, 2012). Entendemos que os textos e as diretrizes legais, mesmo sendo referências nacionais, são significados no seu contexto e, por mais que se procure universalizar práticas, estas só se revelam na ação dos próprios sujeitos que o compõem e lhe dão sentido e significado. Ou seja, por mais que as diretrizes ou as orientações legais sejam prescritivas e universais, quem dá sentido ao texto e ao conhecimento é o próprio sujeito que o vive. Palavras-chave: Identidade. Criança. Formação pessoal e social. Brinquedos.ABSTRACTThis article addresses and analyzes one of the objectives of Early Childhood Education established in the current National Curriculum Guidelines and Frameworks for Early Childhood Education, which is the formation of the child’s personal and social identity. It emphasizes the importance of the games, toys and their interactions for the development of the formation of the personal and social identity and the role of the teacher in this process. This research is configured as a qualitative and thematic research as an analysis of legal documents as the National Curricular Reference for Childhood Education: personal and social formation (BRASIL, 1998), National Curricular Guidelines for Early Childhood Education (BRASIL, 2010), The toys and games in the nursery: pedagogical guidance manual. (BRAZIL, 2012). We understand that texts and legal laws, even if they are national references, are meaningful in their context and therefore are universal practices, these are revealed in the action of more rigorous than the right of speech and meaning. That is, as rough as legal guidelines are prescribed and universal, what gives meaning to the text and to knowledge is the subject who lives.Keywords: Identity. Child. Personal and social formation. Toys.

scholarly journals Towards mass-grave protection guidelines

2017 ◽  
Vol 3 (1) ◽  
pp. 52-70 ◽  
Author(s):  
Melanie Klinkner
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflicts ◽  
Human Rights Violations ◽  
Right To Know ◽  
Mass Grave ◽  
Mass Graves ◽  
Legal Obligations ◽  
Legal Guidelines ◽  
Practical Agenda

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Legal values as determinants of sustainable development of society

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Kachur Vira ◽  
Keyword(s):  
Sustainable Development ◽  
Legal Culture ◽  
Inclusive Development ◽  
Legal Consciousness ◽  
Legal Socialization ◽  
Public Authorities ◽  
Common System ◽  
Development Goals ◽  
Legal Position ◽  
Legal Guidelines

The goals of sustainable development, outlined in the final document of the UN Summit «Transforming our world: the 2030 agenda for sustainable development», continue to be the main model of development for all countries. Sustainable development is formed and provided by various determinants, among which legal values are not the last. They provide legal identification of objects recognized as benchmarking guidelines for sustainable development, and form the value and legal orientations of entities which activities are aimed at performing these tasks. The lack of a common system of legal values leads to the deformation of the legal consciousness of the population, the dominance of nihilistic trends, makes it impossible to achieve sustainability and stability in society. Therefore, the existence of a single value-legal paradigm is a consolidating factor of Ukrainian society, forms a positive attitude of the subjects to the political and legal life of the country, promotes their legal socialization and the development of a proper legal position. This allows to achieve social justice, build the foundations of inclusive development, ensure the rule of law, eradicate corruption and restore trust in the state and its institutions, strengthen social cohesion, ensure the interaction of public authorities with the public and self-organize the activities of citizens. Among the legal values that contribute to the achievement of sustainable development goals and form the foundation of legal culture, a special place is occupied by human, justice, freedom, responsibility, equality, patriotism, religious tolerance, etc. Keywords: life choice, legal culture, legal position, legal values, value and legal guidelines, sustainable development, value and legal attitudes

scholarly journals A Geographical Factor of Interest Recommended Strategies in Location Based Social Networks

2018 ◽  
Vol 7 (3.27) ◽  
pp. 32
Author(s):  
Bulusu Rama ◽  
K Sai Prasad ◽  
Ayesha Sultana ◽  
K Shekar
Keyword(s):  
User Modeling ◽  
Life Experiences ◽  
Real Life ◽  
Geographical Information ◽  
Huge Number ◽  
Fast Development ◽  
New Guidelines ◽  
Location Based Social Networks ◽  
Legal Guidelines

The fast development of area based administrations (LBSNs) has extensively advanced individuals' city lives and pulled in a huge number of recent years. Area based informal organizations (LBSNs) allow clients to registration at a real region and offer step by step rules on purposes of-intrigue (POIs) with their pals each time and anyplace. Such check-in behavior can make daily real-life experiences spread rapidly via the Internet. Moreover, such check-in records in LBSNs can be totally exploited to understand the basic legal guidelines of humans’ every day motion and mobility. This paper centers on evaluating the scientific classification of client displaying for POI proposals through the information investigation of LBSNs. First, we quickly introduce the shape and records traits of LBSNs, then we current a formalization of user modeling for POI suggestions in LBSNs. Contingent upon which sort of LBSNs records used to be completely used in buyer displaying forms for POI proposals, we separate client demonstrating calculations into four classifications: pure check-in data-based consumer modeling, geographical information-based consumer modeling, spatial-temporal information-based consumer modeling, and geo-social information-based consumer modeling. At finally, condensing the current works, we bring up the future difficulties and new guidelines in five possible aspects  

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