This publication should increase the awareness of Virginia livestock producers of the conditions which may lead to involvement in a nuisance lawsuit, and how liability in such cases may be reduced.
Decisions made by the food, tobacco, alcohol, pharmaceutical, gun, and automobile industries have a greater impact on today's health than the decisions of scientists and policymakers. As the collective influence of corporations has grown, governments around the world have stepped back from their responsibility to protect public health by privatizing key services, weakening regulations, and cutting funding for consumer and environmental protection. Today's corporations are increasingly free to make decisions that benefit their bottom line at the expense of public health. Lethal but Legal examines how corporations have impacted -- and plagued -- public health over the last century, first in industrialized countries and now in developing regions. It is both a current history of corporations' antagonism towards health and an analysis of the emerging movements that are challenging these industries' dangerous practices. The reforms outlined here aim to strike a healthier balance between large companies' right to make a profit and governments' responsibility to protect their populations. While other books have addressed parts of this story, Lethal but Legal is the first to connect the dots between unhealthy products, business-dominated politics, and the growing burdens of disease and health care costs. By identifying the common causes of all these problems, then situating them in the context of other health challenges that societies have overcome in the past, this book provides readers with the insights they need to take practical and effective action to restore consumers' right to health.
Overstretched professionals in every public authority are grappling with the chalk face implications of a raft of legislation relating to information use. This is the first book to offer a single point of reference and advice, which can be understood by the non-legal professional. The requirements of the relevant legislation are set out together with examples, flow-charts, and diagrams to illustrate and clarify how to apply the law in practice. This indispensable guide is a one-stop shop for all you need to know about information rights law, using relevant case studies to clarify and illuminate these tricky issues. Contents include: Data Protection Act 1998 - definitions of personal data; scope of the Act; the principles; access to personal data and data sharing; and, Freedom of Information Act 2000 and the Environmental Information Regulations 2004 - scope of the Acts; applications of exemptions/exceptions; public interest tests, publication schemes; and, disclosure logs and records management. It also includes: Regulation of Investigatory Powers Act 2000; Human Rights Act 1998; Re-use of Public Sector Information Regulations 2005; other non-information rights-related legislation; interaction of legislation; and, requests for information. A must-have for anyone working with information rights in public authorities and the private sector, this book is also a useful reference point for legal advisers, academics and students of information rights, as well as media professionals wanting to learn and understand how public authorities approach requests for information and the surrounding procedures
The older people need inclusive attention and care equally like any other segment of the population. Like different regions of the world, many Asian countries have already started to pay attention in developing elderly support programs and legal framework. Bangladesh is far behind from many Asian countries in ensuring proper protection and minimum social security services for the senior citizens. At present, the traditional joint family structures have broken down and familial support to the older people have been reduced drastically. Due to absence of proper protective mechanism, millions of older people is living a miserable life within and outside the family. Moreover, community home-based care and residential care facilities has not developed yet in the country. Rather, the concept of old homes, caregivers and rehabilitation centers are getting popular as well. Accordingly, there is no regulatory framework or monitoring authority specifically for old homes and centers. Traditionally it is not much appreciated by the society because of the prevailing social, cultural, and religious norms of the country. Hence, it is the need of time to address the issue of the elderly shelter homes and provide them care in a better way. This study focuses on socio-legal aspects of old homes in Bangladesh and possible recommendations for the betterments of the elderly care delivery.
Journal of the Asiatic Society of Bangladesh (Hum.), Vol. 68(1), 2023, pp. 119-134
The objective of the research is to analyse the determining principles of the existing and possible limitations and their comprehension during the emergency situation. The tasks of the research are as follows: 1) taking into consideration the limitations and the support measures of the emergency situation identify the principles of the court, which are related to every of these cases, in order to provide the most possible precise compliance of legal solutions to the particular situation; 2) to keep up to date the principles, which are binding to the public administration's actions during the conditions of the emergency situation.Comparative method has been used for research of the basic principles. The comprehension of the general law in the jurisprudence of the Republic of Latvia's Constitutional court has been looked for using the historical method, applying these conclusions to the emergency situation. The basic principles for the determining of both the limitations and the support measures have been discussedas well as for the providing of the public administration's actions by the help of the analytical method. It has been concluded in the research that a good comprehension of the community on its rights and duties, which arises from the nature of the legal principals typical for the emergency situation, will ensure that the community will follow them more willingly and will take them into consideration more effectively. The explanation of the limitations' influence and meaning to the community takes place through both the implementation demand of the already determined limitations and, particularly separately educating the inhabitants on them. The communication of the legislator with the community has to be developed on the basis of these principles. The effect to be achieved depends on the fact how successful the educating of the community on its rights and duties will be.
Online disinformation has been on the rise in recent years. A digital outbreak of disinformation has spread around the COVID-19 pandemic, often referred to as an "infodemic." Since January 2020, digital media have been both the culprits of and antidotes to misinformation. The first months of the pandemic have shown that countering disinformation online has become as important as ensuring much needed medical equipment and supplies for health workers. For many governments around the world, priority COVID-19 actions included measures such as (a) providing guidance to social media companies on taking down contentious pandemic content (e.g., India); (b) establishing special units to combat disinformation (e.g., EU, UK); and (c) criminalizing malicious coronavirus falsehood, including in relation to public health measures. This article explores the short and potential long-term effects of newly passed legislation in various countries directly targeting COVID-19 disinformation on the media, whether traditional or digital. The early actions enacted under the state-of-emergency carve new directions in negotiating the delicate balance between freedom of expression and online censorship, in particular by imposing limitations on access to information and inducing self-restraint in reporting. Based on comparative legal analysis, this article provides a timely discussion of intended and unintended consequences of such legal responses to the "infodemic," reflecting on a basic set of safeguards needed to preserve trust in online information.
Public sector corruption as a form of abuse of the legal powers of individuals, undoubtedly is one of the most serious social malformations that undermines the national economies groundworks, breaches the social security and, as a result significantly reduces citizens' confidence in the system stability. No modern state system, no matter how powerful, financially stable and democratically oriented is, is immune to the corruption phenomenon. However, this is particularly evident in transition countries (including North Macedonia) which are still going through the process of creating and promoting the market economy and establishing the concept of the "rule of law" that should contribute to greater control and appropriate punishment of these illegal actions to the detriment of the state budget. Public procurements as an instrument which the central government and local authorities use to buy goods, services or constructions, naturally are one of the most serious (quantitative and qualitative) financial interactions in the public sector, so therefore are inevitably followed by various forms of corrupt behavior. In times of widespread public procurements corruption, the question that naturally imposes, is how to ensure rational, purposeful and transparent spending of state money, which is in fact the main goal of the Public Procurements Law. Consequently, the basic idea of this paper is to give an overview of the most common illegal behaviors that increase the risk of public finances abuse, the institutional framework for public procurements control and current regulations and policies to identify the different forms of corruption in the domestic legal system in order to secure their proper punishment.
The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights. To this end, both descriptive and analytical methods have been employed to analyse the legal grounds for encumbrances and related case-law. The study has relied on both legislation and case-law. The results of the study give strong grounds to conclude that a special procedure could be applied to the establishment of encumbrances in situations when those are intended to meet the needs of the entire society or individual communities of certain regions. Like any other encumbrances, those established by law restrict owner's property rights. A real estate encumbrance should be recognised as a restriction on owner's property rights. Certain remedies should be introduced with a view to balancing the rights and interests of the society and the owner and minimising the adverse effects of encumbrances. Such remedies could comprise an owner's right to claim reasonable compensation, challenge the establishment of encumbrances and initiate their annulment.
The regulation that sets the position of the state in land management is very plural. The Such as regulation in the Netherland colonialism Colonialism era which put positioned the state as owner of the land under the principle of domein verklaring. In During the old regime, the principle of domein verklaring is no longer exist by the established of UUPA (Law of the land) where the principle of domein verklaring was abolished and stated as no longer valid. In the new regime, the UUPA was uphold but no longer became the basic regulation of land matters. and in In the reformation era although the UUPA is still existed but beside that, also there are specific Law that positioned the state/ regions as the land owner according to in accordance with the principle of domein verklaring principle. Basically the state/regions are not the owner of the land so they have no right to sale sell the land. Nevertheless, Even thought after the reformation era there are several law and regulation which allowing the region local government to sale sell the local government asset of land assets of the region. Thus, These such regulation has become the legal basic basis for the region local government to sale sell their land assets the asset of land as what has been done did by the government of west West Lombok region because the law basically did not allow the sate to sell the asset of land, the sale of land by the West Lombok Government is illegal.Keywords: Legal Aspects, The Sale of Land Assets of The Region
After Lithuania joined the European Union, the Regulation (EC) No. 141/2000 on orphan medicinal products and Commission Regulation (EC) No. 847/2000 came into force as part of national legislation. Member States must adopt specific measures to increase knowledge on rare diseases and to improve their detection, diagnosis, and treatment. The aim of this article was to present and to assess the current legal situation on orphan patients and their treatment in Lithuania, to identify legislation gaps, and to propose some ideas how to facilitate the solution of the existing problems in this field. For this purpose, European Union and Lithuanian legal documents on rare medicinal products are examined using a comparative method. With reference to inventory of Member States' incentives for rare diseases in national level, the most important issues, which orphan patients face to in Lithuania, are singled out. In Lithuania, the situation of orphan patients in terms of protection of patient rights is insufficiently determined. The access to effective health care services or approved therapies in some cases is restricted. Working relationships between genetic services and various clinical specialists as well as with those in primary care are not legally determined ; the number of clinical trials aimed at orphan medicinal products is low. These results suggest a need for awareness raising among Lithuanian Government, health care specialists, patient organizations about the importance to improve practical implementation of European Union legislation and progressive experience of some European countries in this field.
Public health policies and practices -- People living with HIV : discrimination -- Disclosure and exposure -- Injecting drug use -- Sex work -- Men having sex with men -- Women -- Children -- Clinical research -- Information -- Access to medicines -- World Bank policies and procedures
The practical value of the presented study cannot be underestimated due to the still observed high unemployment rate of older people and the lack of a coherent and comprehensive political and social programs in this area. The principal concern of research study conducted in the framework of scientific project was to examine the different efforts and initiatives, including legal measures and instruments undertaken to limit the scope of the aforementioned phenomenon. For this aim research objectives were focused on re-conceptualization of legal measures drawn on model perspective. The research was based on examining the legal regulations of selected European countries: Belgium, the Czech Republic, Denmark, Finland, the Netherlands, Lithuania, Germany, Slovakia and Hungary. The objective scope of the study cover analyses of the Iegal institutions, successfully used in the aforementioned countries to reduce or displace unemployment providing some assumptions for their application in Polish social and economic circumstances. ; This publication has been developed as a part of the project "Model of legal instruments taken to combat unemployment among older people – legal analysis" ("W poszukiwaniu modelu przeciwdziałania bezrobociu wśród osób starszych – analiza prawna"), financed by National Science Centre (Poland), UMO-2013/09/B/HS5/04137
This article aims to assess the level of basic knowledge of statutory employment rights at the workplace as prescribed by the Malaysian Employment Act 1955. The statutory employment rights comprises of a variety of individual employment rights such as protections of wages, statutory right to the general standard of working time, statutory right to rest day, public holidays, annual leave and sick leave as well as female employee's statutory right to paid maternity leave. A field survey was carried out to collect data by using self-administered questionnaires from Human Resource (HR) practitioners in the small and medium-sized enterprises (SMEs). The results reveal that the level of basic knowledge of legislated employment rights varies between different types of statutory rights from high level to low level.
Law and economics research has had an enormous impact on the laws of contracts, torts, property, crimes, corporations, and antitrust, as well as public regulation and fundamental rights. The Law and Economics of Patent Damages, Antitrust, and Legal Process examines several areas of important research by a variety of international scholars. It contains technical papers on the appropriate way to estimate damages in patent disputes, as well as methods for evaluating relevant markets and vertically integrated firms when determining the competitive effects of mergers and other actions. There are also papers on the implication of different legal processes, regulations, and liability rules on consumer welfare, which range from the impact of delays in legal decisions in labour cases in France to issues of criminal liability related to the use of artificial intelligence. This volume of Research in Law and Economics is a must-read for researchers and professionals of patent damages, antitrust, labour, and legal process.