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The legal profession and legal services : nature and evolution. The structure of the legal profession ; The problem of lagging legal productivity ; The future of the legal profession -- The philosophy of legal ethics. Foundations of the lawyer's role ; Jurisprudence and the lawyer's role : looking to an understanding of law--rather than to morality--for the source of lawyers' ethical restraint ; Moral counsel and the gap between law and morality ; The corporation as client : amoral ethics squared ; Moral remainders -- Development toward professionalism and the formation of an ethical professional identity to become an effective lawyer. Professionalism and professional identity ; The importance of stress management in the formation of an ethical professional identity ; Professional identity formation and the law school curriculum -- Legal ethics and the practice of law. Sources of legal ethics and the law of lawyering ; Advertising for and solicitation of clients : information about legal services ; The attorney-client relationship : beginning to end ; Funding of legal services : fees, compensation, and fee shifting ; Duties to effectively represent the client ; Duties to protect confidentiality of client information ; Duties of loyalty : conflicts of interest and professional independence ; Duties to organization/entity clients ; Duties of ethical advocacy ; Duties as evaluator or third-party neutral ; Respect for other persons ; Duties of a lawyer in a law firm ; Public-regarding activities, duties, and rights -- Legal malpractice. Introduction to legal malpractice law ; Negligence ; Breach of fiduciary duty ; Liability to nonclients ; Remedies for legal malpractice ; Defenses and obstacles to recovery ; Vicarious liability ; Legal malpractice insurance -- Judicial ethics and the conduct of judges. Regulating judicial conduct generally : features and principles ; Regulating judicial conduct on the bench ; Regulating judicial conduct off the bench : extrajudicial and political activities

Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series Preface -- Introduction -- Part I Distributive Justice -- 1 Amartya Sen (1985), 'Well-being, Agency, and Freedom: The Dewey Lectures 1984', Journal of Philosophy, 82, 169-221. -- 2 Ronald Dworkin (2000), 'Equality of Welfare', in Sovereign Virtue, Cambridge, MA: Harvard University Press, pp. 11-64. -- 3 Ronald Dworkin (2000), 'Equality of Resources', in Sovereign Virtue Cambridge, MA: Harvard University Press, pp. 65-119, 478-80. -- Part II Human Rights -- 4 Martha C. Nussbaum (1997), 'Capabilities, Entitlements, Rights: Supplementation and Critique', Journal of Human Development and Capabilities, 12, pp. 23-37. -- 5 Robin West (2001), 'Rights, Capabilities, and the Good Society', Fordham Law Review, 69, pp. 1901-32. -- 6 Amartya Sen (2004), 'Elements of a Theory of Human Rights', Philosophy and Public Affairs, 32, pp. 315-56. -- Part III Constitutional Law -- 7 Martha C. Nussbaum (2007) 'The Supreme Court 2006 Term - Foreword: Constitutions and Capabilities: "Perception" against Lofty Formalism', Harvard Law Review, 121, pp. 4-97. -- 8 Diane P. Wood (2010), 'Constitutions and Capabilities: A (Necessarily) Pragmatic Approach', Chicago Journal of International Law, 10, pp. 415-29. -- Part IV The Family -- 9 Thom Brooks (2009) 'The Problem with Polygamy', Philosophical Topics, 37, pp. 109-22. -- 10 Amrita Basu (2010) 'Who Secures Women's Capabilities in Martha Nussbaum's Quest for Social Justice?', Columbia Journal of Gender and Law, 19, pp. 201-17. -- Part V Cosmopolitanism and Global Justice -- 11 Ingrid Robeyns (2005), 'Assessing Global Poverty and Inequality: Income, Resources, and Capabilities', Metaphilosophy, 36, pp. 30-49. -- 12 Noah Feldman (2007), 'Cosmopolitan Law?', Yale Law Journal, 116, pp. 1024-70. -- Name Index

This article aims to analyze the regulation of the use of underwater drones in international law from the perspective of Indonesian law. This article concludes that the regulation regarding the use of underwater drones that cross national borders has not been specifically regulated both in international law and in national law. Therefore, it is necessary to make special arrangements regarding the use of underwater missiles in terms of attack, spying, and collecting marine data so that foreign countries do not freely operate underwater drones in the territorial sea of other countries and do not violate the right of peaceful passage as regulated. in UNCLOS 1982. In the future, the government needs to strengthen the maritime security system in Indonesian territory and take firm action against persons involved in the entry of foreign military assets into Indonesian territory. Key Words: International Law, UNCLOS 1982, Underwater Drone ; This article discusses the legal issue of using underwater drones according to international maritime law and Indonesian national law. This discussion is necessary considering the use of underwater drones that cross national borders, there is no specific regulation. Therefore, it is necessary to make special arrangements regarding the use of underwater missiles both in terms of attack, spying, and marine data collection so that foreign countries do not freely operate underwater drones in the territorial sea of other countries and do not violate the right of peaceful passage as regulated. in UNCLOS 1982. The method used is normative legal research which examines the rules and regulations related to the issues discussed. The results of the study show that the government needs to strengthen the maritime security system in Indonesian territory and take firm action against persons involved in the entry of foreign military assets into Indonesian territory.

Penulisan artikel ini bertujuan untuk mengetahui dan menganalisis tentang problematika hukum tentang ketentuan Pasal 27 ayat (3) Undang – Undang Nomor 2 Tahun 2020 tentang "Kebijakan Keuangan Negara dan Stabilitas Sistem Keuangan Untuk Penanganan Pandemi Corona Virus Disease 2019 ( COVID -19. Artikel ini menggunakan metode penelitian normatif dengan 2 jenis pendekatan, yaitu: pendekatan perundang – undangan dan pendekatan sejarah. Berdasarkan hasil anlisis, diketahui bahwa ketentuan pasal Pasal 27 ayat (3) Undang – Undang Nomor 2 Tahun 2020 termasuk dalam objek dari Tata Usaha Negara sehingga dapat diajukan sebagai gugatan ke pengadilan tata usaha negara. Selain itu, keberadaan pasal Pasal 27 ayat (3) Undang – Undang Nomor 2 Tahun 2020 juga bertentangan dengan Pasal 1 angka (9) Undang- Undang No. 51 Tahun 2009, sehingga tuurt berkonsekuensi pada pelanggaran terhadap prinsip equality before the law. Kata Kunci: Problematika Hukum, Undang-Undang, Kebijakan Pemerintah. Abstract This article aims to identify and analyze legal problems regarding the provisions of Article 27 paragraph (3) of Law Number 2 of 2020 concerning "State Financial Policy and Financial System Stability for Handling the 2019 Corona Virus Disease Pandemic (COVID -19. normative research method with 2 types of approaches, namely: a statutory approach and a historical approach Based on the results of the analysis, it is known that the provisions of Article 27 paragraph (3) of Law Number 2 of 2020 are included in the object of State Administration so that it can be submitted as In addition, the existence of Article 27 paragraph (3) of Law Number 2 of 2020 is also contrary to Article 1 number (9) of Law No. 51 of 2009, so that the consequences of violating the principle equality before the law. Keywords: Legal Problems, Law, Government Policy.

Recent experiences of constitutional review in the common law world have received increasing attention in comparative constitutional law scholarship. Looking beyond the common law jurisdictions, this Article investigates the influence of variations on unconstitutionality management and changing constitutional politics on the functional mutation of remedial grace periods. Through a case study of Taiwan in light of the comparison of the civilian-continental vs. common law models of constitutional review, it argues that legal tradition and the court's role vis-à-vis the political branch in the dynamics of constitutional politics jointly contribute to the multifunctional role of remedial grace periods in unconstitutionality management. As part of unconstitutionality management across constitutional jurisdictions, the granting of remedial grace periods is not simply the manifestation of judicial strategy. The argument unfolds in three main Parts. Part I first compares the use of remedial grace periods in constitutional review under the civilian-continental and the common law models. After drawing out the different paths toward unconstitutionality management in comparative constitutional review, Part II conducts a functional analysis of remedial grace periods in the case law of the Taiwan Constitutional Court (TCC). It is observed that the three forms of remedial grace periods—bridging, nudging, and hedging—as indicated in the TCC case law are informed by the conceptual framework of graduated unconstitutionality borrowed from the civilian-continental model. Part III further analyzes how remedial grace periods have been instrumental to the TCC's realization of its institutional potential. In conclusion, the TCC's continuing and frequent prescription for remedial grace periods indicates its default position in constitutional remedies, which is both informed by the civilian-continental model and shaped by its formative experience at the dawn of democratization.

CONCEPT OF THE INTERVENTIONISM LAWThe author proposes that the division of law into sections should also distinguish the interventionism law. This includes legal regulations regarding the scope, forms and methods of impact of international organizations, EU institutions and national authorities on processes related to the economy, especially its development and functioning in the market system and in the conditions of globalization, internationalization and economic integration of modern states. In order to justify its proposal, the author points out that modern interventionism is no longer limited to traditional state interventionism, but it is exercised by international organizations and the European Union in relation to the Member States. All entities carrying out the functions of interventionism do so on the basis of law. From the point of view of the EU Member State, these are regulations complementing each other and forming a whole as a source of applicable law. The author does not propose any codification procedures in the field of interventionism law. He claims, however, that the national legislator should create, control, interpret and apply the national law of intervention, taking into account the fact that there are regulations inherent in the international and EU law of interventionism.In addition, the author indicates the need for a different approach to interventionism in scientific research and didactics. In this regard, he sees the need to change the organization of scientific research on the subject of interventionism in its legal aspect. He puts on interdisciplinary research with the participation of many specialists. In didactics, he proposes adjustments in economics curricula for lawyers and in legal discipline programs. In particular, it is about introducing the subject of contemporary interventionism and problems related to its legal basis and the boundaries and legal forms of its functions.

The Subsystem of Legislation of Lithuanian Legal System in 1240-1795 This research aims to analyze the legislation subsystem of Lithuanian legal system in 1240–1795. The author focuses on subjects of legislation, legislative procedures, sources of law and a systematization of law, which existed on both central and local level. The development of the legislation subsystem is viewed through the prism of the legislative standards. The standars include a constitutional principle, a principle of coordination of conflicting interests and an aim to have a systemized law. The identification of some features of the standards helps to understand the quality of changes, which happened in the legislation subsystem. In order to analyze the chosen historical period the author separates it into five shorter periods. The conducted research shows that in 1240–1795 the law was created by the society, the sovereign, the Council of Lords, the Guardianship of the Laws, the Parliament, confederations of boyars and conventions of boyars. Legislation was also conducted by self-governed communities. It is worth noticing that the monarch and boyars possessed wide competence in legislative procedures. On the local level a common feature of legislative procedures was a participation of a community. The main sources of law included a legal custom, a public normative contract, a legal precedent and a normative legal act. The systematization of law was conducted in different ways. Until 1529 the main form of systematization was compiliation. In 1529 codification was introduced. However, on the local level there were no significant efforts to systemize the law. The results of the research suggest that certain features of the legislative standards were inherent in the subsystem of legislation of Lithuanian legal system in 1240–1795.

The Subsystem of Legislation of Lithuanian Legal System in 1240-1795 This research aims to analyze the legislation subsystem of Lithuanian legal system in 1240–1795. The author focuses on subjects of legislation, legislative procedures, sources of law and a systematization of law, which existed on both central and local level. The development of the legislation subsystem is viewed through the prism of the legislative standards. The standars include a constitutional principle, a principle of coordination of conflicting interests and an aim to have a systemized law. The identification of some features of the standards helps to understand the quality of changes, which happened in the legislation subsystem. In order to analyze the chosen historical period the author separates it into five shorter periods. The conducted research shows that in 1240–1795 the law was created by the society, the sovereign, the Council of Lords, the Guardianship of the Laws, the Parliament, confederations of boyars and conventions of boyars. Legislation was also conducted by self-governed communities. It is worth noticing that the monarch and boyars possessed wide competence in legislative procedures. On the local level a common feature of legislative procedures was a participation of a community. The main sources of law included a legal custom, a public normative contract, a legal precedent and a normative legal act. The systematization of law was conducted in different ways. Until 1529 the main form of systematization was compiliation. In 1529 codification was introduced. However, on the local level there were no significant efforts to systemize the law. The results of the research suggest that certain features of the legislative standards were inherent in the subsystem of legislation of Lithuanian legal system in 1240–1795.

The Subsystem of Legislation of Lithuanian Legal System in 1240-1795 This research aims to analyze the legislation subsystem of Lithuanian legal system in 1240–1795. The author focuses on subjects of legislation, legislative procedures, sources of law and a systematization of law, which existed on both central and local level. The development of the legislation subsystem is viewed through the prism of the legislative standards. The standars include a constitutional principle, a principle of coordination of conflicting interests and an aim to have a systemized law. The identification of some features of the standards helps to understand the quality of changes, which happened in the legislation subsystem. In order to analyze the chosen historical period the author separates it into five shorter periods. The conducted research shows that in 1240–1795 the law was created by the society, the sovereign, the Council of Lords, the Guardianship of the Laws, the Parliament, confederations of boyars and conventions of boyars. Legislation was also conducted by self-governed communities. It is worth noticing that the monarch and boyars possessed wide competence in legislative procedures. On the local level a common feature of legislative procedures was a participation of a community. The main sources of law included a legal custom, a public normative contract, a legal precedent and a normative legal act. The systematization of law was conducted in different ways. Until 1529 the main form of systematization was compiliation. In 1529 codification was introduced. However, on the local level there were no significant efforts to systemize the law. The results of the research suggest that certain features of the legislative standards were inherent in the subsystem of legislation of Lithuanian legal system in 1240–1795.

The Subsystem of Legislation of Lithuanian Legal System in 1240-1795 This research aims to analyze the legislation subsystem of Lithuanian legal system in 1240–1795. The author focuses on subjects of legislation, legislative procedures, sources of law and a systematization of law, which existed on both central and local level. The development of the legislation subsystem is viewed through the prism of the legislative standards. The standars include a constitutional principle, a principle of coordination of conflicting interests and an aim to have a systemized law. The identification of some features of the standards helps to understand the quality of changes, which happened in the legislation subsystem. In order to analyze the chosen historical period the author separates it into five shorter periods. The conducted research shows that in 1240–1795 the law was created by the society, the sovereign, the Council of Lords, the Guardianship of the Laws, the Parliament, confederations of boyars and conventions of boyars. Legislation was also conducted by self-governed communities. It is worth noticing that the monarch and boyars possessed wide competence in legislative procedures. On the local level a common feature of legislative procedures was a participation of a community. The main sources of law included a legal custom, a public normative contract, a legal precedent and a normative legal act. The systematization of law was conducted in different ways. Until 1529 the main form of systematization was compiliation. In 1529 codification was introduced. However, on the local level there were no significant efforts to systemize the law. The results of the research suggest that certain features of the legislative standards were inherent in the subsystem of legislation of Lithuanian legal system in 1240–1795.

Article 36 of the European Convention on Human Rights (ECHR) enables third parties to intervene in cases before the European Court of Human Rights (ECtHR). Access to justice is a very important principle which has been developed both in international law and in the context of the ECHR. There is, however, no clear answer regarding the question of how legal aid is accessible for third persons who are affected by proceedings without being a party to them. Taking the example of German law introducing Legal Aid for affected third parties, the authors ask if such a national act is necessary from the perspective of the access to justice. The law described here adds an additional national layer to internationalized proceedings and the authors seek to answer the question how helpful the enacted law could be in practice. In light of recent controversies concerning permits for major infrastructure projects in Germany the question of legal aid is also of importance for corporate applicants before the European Court of Human Rights because affected third persons who may be eligible for legal aid under the new law can also be those who had, in Administrative Law courts, challenged permits issued to the person who then is the applicant in proceedings before the European Court of Human Rights. The authors also look at the right to legal aid for affected third parties under the European Union's Charter of Fundamental Rights and the potential divergence between the Charter and the European Convention of Human Rights against the backdrop of the potential accession of the European Union to the Convention and conclude that, notwithstanding some small shortcomings, the new law is necessary and should be sufficiently effective in assistance of third persons intervening before the ECHR.

Healthy human resources will make it easier for the country to achieve development goals in the field of health The development of health sector in Indonesia currently has double burden, namely the burden of infectious diseases and degenerative diseases. For the prevention of infectious diseases, an immunization program is held in Hospitals, clinics, and physician practices. Programs that are good enough to improve public health status are tainted with the circulation of fake vaccines that are not only a medical problem, but also bring implications to the social and legal fields. The existing regulation has not explicitly set forth the forgery of the vaccine, so in law enforcement it is still based on the interpretation of law enforcers both in determining the material law and the formal law of this medicolegal case. It is worth reviewing the role of the law as a means of social control and social engineering. Through a conceptual approach, legislation and hermeneutics, and based on the humanitarian paradigm, this paper seeks to explore the medicolegal aspect of a fake vaccine holistically, so that law as a public guide in health can provide protection for all stakeholders involved mainly in the production, distribution and Use of the vaccine in medical care. Case studies of fake medicolegal vaccine found that during this time, the handling of fake vaccines has not been specifically regulated and still equated with counterfeit medicines, whereas in terms of substance, the vaccine is different from the drugs. Expectations for the creation of responsive legal protection in the field of medical services in the future, strived by reconstruction of the Health Act, a one-door management system, effectiveness and efficiency of government performance, revitalization of professional association functions and law in terms of socialization, health promotion, education, and advocacy.

Currently, traditional design violations often occur that impact on economic losses. This remained the case even though Indonesia has a law design. One problem is the lack of effective implementation of the law in protecting traditional designs Celuk Silver. Therefore, how the impact of the law against legal culture transplant community craftsmen silver in Celuk Gianyar Bali in protecting traditional design in the era of globalization? How efforts to improve the legal culture community silversmith in Celuk Gianyar Bali in protecting traditional design motif in the era of globalization? For that type of normative legal research used socio-legal approach, the nature of descriptive research. Analyzed qualitatively. Law transplanted modern laws that have an impact on culture clash the laws of society that is sketched on the level of public knowledge silversmith about a law design only 20 %, while the related understanding silversmith about the content of the regulation 10%, while revenues silversmith against a law design only 8 %, and community artisans who did not know about a law design is 45 %, the remaining 17 % abstained. Therefore, efforts need to be done is to from a team to the youth Bali socializing, exploring, involving institutional organizations associated Balinese silversmiths in Bali to collect data and to receive input on drafting regulations that support protection of traditional craft design motif. However, the role of local government and communities had not been sufficient to achieve maximum results. Therefore, maximum effort is needed in doing the role of the central government in providing facilities and infrastructure for data collection by involving community organizations and local government silversmith preparing the legislation relating to the protection of traditional design motif silver Celuk Bali representing regional assets.

This research focused on three scenarios, based primarily on theoretical developments arising from the Constitution of 1991, the second, the training and the third, the social life within which law professionals perform for In our text the first reference to legal theory or legal science will. We can argue, however, that the conceptions of the law vary according to the time and culture, then, to the extent that society becomes, so do the norm and legal and legal aspects that support of so that the rule permanently respond to social needs which justify it. Thus, the law is the product of the interaction between subjects and between them and the State, and which are mediated by political, economic, social, and cultural, religious, political and social discourse. In the words of Loschak: The acting force of law lies not only in an extrinsic physical violence, it is organized in the own power of speech, the right is a word that is imposed as legitimate, as true, far beyond the restricted circle of those to which each one of these rules, taken in isolation, has a propensity to engage (1993, p. 34). That means that the law is a cultural product objectified in the rules serve a model of a certain state, "the right stems from the transcendence of man over the social reality to transform, to achieve goals "(Giraldo Angel, 1999). If so, in a rule of law rooted in a participatory democracy, and wants to be Colombian, participation should be central hub for compliance with the theoretical postulates. The law should provide for the recognition of rights and duties of first, second and third order, because in Colombia's participation as central to development is enacted.

Industriespionage ist nach dem Aufkommen des NSA-Skandals aktueller denn je. Die völkerrechtliche Lehre ist, soweit überhaupt vorhanden, dazu gespalten. Innerhalb der Literatur wird das Thema teilweise als "jenseits von Recht" eingestuft. Innerhalb des Teiles der Literatur, der sich für rechtliche Relevanz ausspricht, gibt es keinen roten Faden, der Wirtschaftsspionage klar als völkerrechtswidrig oder völkerrechtskonform einstuft.In dieser Arbeit soll analysiert werden, welche Völkerrechtsbereiche von Industriespionage berührt sein können und wie die Literatur dazu steht.Um die völkerrechtlichen Fragen von Industriespionage beantworten zu können, folgt diese Arbeit dem "Lotus-Argument". Der Ständige Internationale Gerichtshof hielt im Lotus-Fall fest, dass alles erlaubt sei, was nicht verboten ist. Daher beschäftigt sich die vorliegende Arbeit zunächst mit Völkerrechtsquellen. Es wird untersucht, ob ein Verbot vorliegt. Nachfolgend werden internationale Normen untersucht und auf einen allfälligen Rechtsbruch hin untersucht. Wird keine Rechtswidrigkeit festgestellt, liegt der Schluss nahe, dass Industriespionage nicht gegen Völkerrecht verstößt und daher völkerrechtlich erlaubt ist. ; After the rise of the NSA scandal, industrial espionage is more topical than ever. Legal science is divided on this matter, if even existent. The topic is partly seen as "beyond the law". Within the part of literature which sees industrial espionage as relevant under public international law, there is no common ground defining industrial espionage as either admissible or illicit.This thesis tries to give a brief overview of fields of international law which could be affected by industrial espionage. To assess the questions of industrial espionage raised under public international law, this article draws on the "Lotus-argument". The Permanent Court for International Justice established in the Lotus-case that under public international law everything is allowed unless it is prohibited. Therefore, first of all a look at the sources of international law will be taken. It will be evaluated if prohibition is stipulated. Consequently, the legal norms most likely to be affected by industrial espionage will be examined. If no breaches of law are notable, one can draw the conclusion that industrial espionage is allowed. ; vorgelegt von Christoph Robert Cede ; Abweichender Titel laut Übersetzung der Verfasserin/des Verfassers ; Graz, Univ., Dipl.-Arb., 2015 ; (VLID)752888