Suchergebnisse

For all of the rhetoric about the central place of authors in the copyright scheme, our copyright laws in fact give them little power and less money. Intermediaries own the copyrights, and are able to structure licenses so as to maximise their own revenue while shrinking their pay-outs to authors. Copyright scholars have tended to treat this point superficially, because – as lawyers – we take for granted that copyrights are property; property rights are freely alienable; and the grantee of a property right stands in the shoes of the original holder. I compare the 1710 Statute of Anne, which created statutory copyrights and consolidated them in the hands of publishers and printers, with the 1887 Dawes Act, which served a crucial function in the American divestment of Indian land. I draw from the stories of the two laws the same moral: Constituting something as a freely alienable property right will almost always lead to results mirroring or exacerbating disparities in wealth and bargaining power. The legal dogma surrounding property rights makes it easy for us not to notice.

It may seem curious, if not paradoxical, for a psychologist to use physical and sporting activities as part of his practice. In order to understand what led me to shape and employ these techniques, I have to talk about the context of my work and the audience I receive. I work in a specialised social service (in an open environment) where the vast majority of situations are sent to us by the children's court, even if there is no request made by the families or on. ; Il peut paraître curieux, voire paradoxal, qu'un psychologue utilise des activités physiques et sportives dans le cadre de sa pratique.Pour comprendre ce qui m'a amené à façonner et employer ces techniques, il me faut parler du contexte de mon travail et du public que je reçois.Je travaille dans un service social spécialisé (en milieu ouvert) où la très forte majorité des situations nous est envoyée par le juge des enfants, autant dire sans qu'il y ait une demande exprimée par les familles ou le …

This translation of an original Chinese language work by Xiao Yongzhen discusses the legal authority Chinese courts rely on in addressing economic disputes arising from foreign investment and joint-venture agreements in the People's Republic of China. The translation details specific legal mechanisms used in China, as well as distinct Chinese legislation and practices relied upon to amicably resolve contractual disputes between private parties involving foreign interests in China. Translators' Introductory Note: The style of Chinese law review articles differs somewhat from that of American law reviews; therefore this translation should be read with those differences in mind. Chinese law review articles tend to be more expository rather than analytical as compared to American law reviews. Writing in the context of a civil law system, Chinese legal scholars rarely cite case law as authority. Constitutional and statutory authorities are commonly cited within the text of the article rather than through footnotes. The original text of this article does not contain any footnotes. Footnotes have been added by the translators to clarify or explain certain ambiguities in the text, provide specific citations, and to offer further information.

Case study of the National Voter Registration Act (NVRA) in light of conventional voter registration in Crawford County, Pennsylvania; data gathered from voter registration records, 1995.

Article 12 of the Convention on the Rights of Persons with Disabilities provides that persons with disabilities are entitled to full legal capacity on an equal basis with others and obliges State Parties to provide access to the support that they may require exercising this legal capacity. This paper analyzes the main implications of this Article and its impact on Qatar´s legal system, focusing on the general regulation of legal capacity and provisions in the domain of Private Law, including Family Law. We examine how Qatar´s legislation needs to be adapted to the new paradigm of the CRPD, overcoming preconceptions based on the medical model and assistencialism, which is focused on protection, and moving towards the social model and the human rights approach, aimed at promoting the autonomy of persons with disabilities. To comply with Article 12, Qatar must review the legal provisions that allow the deprivation or restriction of legal capacity on the basis of disability and that require "be[ing] of sound of mind" as a condition to perform legal acts or to exercise rights. Qatar must also take action to replace regimes of substituted decision-making with supported decision-making – extending some support mechanisms available in current legislation – and to ensure the respect of the person's will and preferences.

The article is devoted to examination of analogy of law and analogy of legislation as real fiction in legal mechanism of rightdeprivation and legal regulation of property relations and as the mean of its correction.

On February 2006 the Court of Justice delivered its eagerly awaited ruling in Halifax, a case concerning the interpretation of EU secondary legislation on VAT. The judgment represented the culmination of a long process, with the Court referring for the first time to the 'principle of prohibiting abusive practices'. Yet, Halifax also represented the beginning of a new process: the discussion over the significance of the newly designated 'principle of prohibition of abuse of law'. Fundamental questions immediately arose and were the subject of intensive debate such as: the scope of application of the principle - would it apply to other areas of tax law, in particular to corporate taxation; the criteria for application of the principle – how would the abuse test set out by the Court in Halifax be applied; and, the nature and implications of this 'principle' - interpretative, general, or neither. This brief paper considers the ongoing debate over the development of an EU principle of prohibition of abuse of law, offering some further thoughts on the topic. In particular, the paper reflects first on the role of the principle within the field of free movement of persons, in the context of the literature on convergences and divergences between the fundamental freedoms. It then progresses to propose the notion of reverberation as a new conceptual framework for the analysis of the development of general principles of EU law - in this case based upon the ongoing example of prohibition of abuse of law. The paper concludes with some thoughts on the future of the principle of prohibition of abuse of law and its potential consequen

South Slavs have been repeatedly used as precedents for international humanitarian law and consequently have affected global developments: from the international concern over positions of Christians in Bosnia-Herzegovina in the 1870s that led to the peaceful replacement of imperial rule to the late 20th century in the NATO intervention against Serbia and Montenegro over Kosovo Albanians, which led to the creation of the newest nation-state in Europe. In addition to internal factors, the very creation of the common South Slav state was a result of international interventions, as was the dissolution of the country. The League of Nations ruling in favour of the Yugoslav complaint against Hungary in 1934 aided in developing the UN Security Council resolutions against Afghanistan in September 2001. Bosnia-Herzegovina in 1995 was a precedent for the UN sanctioned intervention, while Kosovo was a precedent for the non-sanctioned American-led intervention. Afghanistan, East Timor, Iraq, Libya are all legal consequences of interventions in the Balkans. There- fore, local history of interventions can lead to a general understanding of the development of international humanitarian law. Adapted from the source document.

BackgroundIn 2009, Mexican Federal Government enacted "narcomenudeo" reforms decriminalizing possession of small amounts of drugs, delegating prosecution of retail drug sales to the state courts, and mandating treatment diversion for habitual drug users. There has been insufficient effort to formally assess the decriminalization policy's population-level impact, despite mounting interest in analagous reforms across the globe.MethodsUsing a dataset of municipal police incident reports, we examined patterns of drug possession, and violent and non-violent crime arrests between January 2009 and December 2014. A hierarchical panel data analysis with random effects was conducted to assess the impact of narcomenudeo's drug decriminalization provision.ResultsThe reforms had no significant impact on the number of drug possession or violent crime arrests, after controlling for other variables (e.g. time trends, electoral cycles, and precinct-level socioeconomic factors). Time periods directly preceding local elections were observed to be statistically associated with elevated arrest volume.ConclusionsAnalysis of police statistics parallel prior findings that Mexico's reform decriminalizing small amounts of drugs does not appear to have significantly shifted drug law enforcement in Tijuana. More research is required to fully understand the policy transformation process for drug decriminalization and other structural interventions in Mexico and similar regional and international efforts. Observed relationship between policing and political cycles echo associations in other settings whereby law-and-order activities increase during mayoral electoral campaigns.