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2012

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Full-Text Articles in Law

Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis Dec 2012

Στοίχημα Η Διαφύλαξη Των Εργασιακών Σχέσεων, Nicos Trimikliniotis

Nicos Trimikliniotis

Η σημερινή κατάσταση στην εργασία και απασχόληση με τα πρωτοφανή για τα Κυπριακά δεδομένα ποσοστά ανεργίας είναι εξαιρετικά δύσκολη. Παρά τις σημαντικές μεταρρυθμίσεις, π.χ. ο νόμος για τη διασφάλιση του δικαιώματος συνδικαλιστικής οργάνωσης και για εκσυγχρονισμό των εργασιακών σχέσεων κ.ά. το σύστημα εργασιακών σχέσεων σήμερα αντιμετωπίζει τις μεγαλύτερες προκλήσεις μετά το 1974. Το σύστημα συλλογικών διαπραγματεύσεων και συλλογικών συμβάσεων, η συνδικαλιστική προστασία και διεκδίκηση έχουν δημιουργήσει ένα επιτυχημένο πλαίσιο. Τα βασικά χαρακτηριστικά του είναι το υψηλό επίπεδο συνδικαλιστικής πυκνότητας, οι συλλογικές διαπραγματεύσεις και συμβάσεις και η Αυτόματη τιμαριθμική αναπροσαρμογή (ΑΤΑ) που αποτελούν αποτελεσματικά μέσα αποφυγής ανούσιων εργασιακών συγκρούσεων διασφαλίζοντας τουλάχιστον …


Sex Ratio In Mumbai, Professor Vibhuti Patel Dec 2012

Sex Ratio In Mumbai, Professor Vibhuti Patel

Professor Vibhuti Patel

Gender equity has been a prominent aspect of equity concerns in public policy. The gender dimension has led to widespread advocacy and focused attention on equity in other than economic areas, such as education, health, decision-making, violence against women and political participation. The human development approach offers a capability-based approach to gender equity in development that is a departure from traditions focused on income and growth. Gender concerns have given the approach the power and flexibility to encompass aspects of inequality that would otherwise go unremarked. Its sensitivity to gender in turn has made it sensitive to a range of …


An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd Dec 2012

An Assessment Of The Effects Of Desertification In Yobe State, Nigeria, Jibril Musa Phd

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

Desertification is one of the most serious environmental and socio-economic problems of our time. Desertification describes circumstances of land degradation in arid, semi-arid and dry sub-humid regions resulting from the climatic variation and human activities. The fundamental goal of this thesis was to assess the effects of desertification in Yobe State, Nigeria. The present threat of desertification in the sahel has reached an alarming stage where crops cultivation and animal rearing/grazing are no more productive, soil has lost its nutrient/fertility, various infrastructure had given way because of windstorm from the neighbouring Niger Republic and sand dunes had taken over. The …


Antitrust And The 'Filed Rate' Doctrine: Deregulation And State Action, Herbert J. Hovenkamp Dec 2012

Antitrust And The 'Filed Rate' Doctrine: Deregulation And State Action, Herbert J. Hovenkamp

All Faculty Scholarship

In its Keogh decision the Supreme Court held that although the Interstate Commerce Act did not exempt railroads from antitrust liability, a private plaintiff may not recover treble damages based on an allegedly monopolistic tariff rate filed with a federal agency. Keogh very likely grew out of Justice Brandeis's own zeal for regulation and his concern for the protection of small business — in this case, mainly shippers whom he felt were protected from discrimination by filed rates. The Supreme Court's Square D decision later conceded that Keogh may have been “unwise as a matter of policy,” but reaffirmed it …


¿Formalismo Anticuado?, Jose Luis Sardon Dec 2012

¿Formalismo Anticuado?, Jose Luis Sardon

Jose Luis Sardon

Corte Internacional de La Haya debe acoger solicitud peruana de fijar límite marítimo con Chile, porque no existe un tratado de límites al respecto.


Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews Dec 2012

Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews

Angela Crews

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …


Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews Dec 2012

Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews

Angela Crews

This presentation presents initial results of an evaluation of citizen and officer perceptions of policing in Ghana. The Ghana Police Service (GPS) is attempting to transition from a para-militaristic philosophy to a more community-centered approach, developing a domestic violence unit in the past decade and, more recently, a community policing unit. Community policing philosophies, however, face unique challenges in Ghanaian society, such as a deep-rooted (and historically well-founded) mistrust of the police, and a culture with a well-established and trusted “traditional” system wherein matters are settled within communities and impacted by religion, spirituality, and mysticism. This project used official reported …


Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews Dec 2012

Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews

Gordon A Crews

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …


Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews Dec 2012

Citizen And Officer Perceptions Of Community Policing In Ghana: Policing Of, By, And For The People, Or Just To The People?, Angela West Crews, Gordon A. Crews

Gordon A Crews

This presentation presents initial results of an evaluation of citizen and officer perceptions of policing in Ghana. The Ghana Police Service (GPS) is attempting to transition from a para-militaristic philosophy to a more community-centered approach, developing a domestic violence unit in the past decade and, more recently, a community policing unit. Community policing philosophies, however, face unique challenges in Ghanaian society, such as a deep-rooted (and historically well-founded) mistrust of the police, and a culture with a well-established and trusted “traditional” system wherein matters are settled within communities and impacted by religion, spirituality, and mysticism. This project used official reported …


Using Remote Sensing Data To Improve Rice Production In Kutigi, Niger State, Nigeria, Jibril Musa Phd, M B. Yunusa Dec 2012

Using Remote Sensing Data To Improve Rice Production In Kutigi, Niger State, Nigeria, Jibril Musa Phd, M B. Yunusa

Confluence Journal Environmental Studies (CJES), Kogi State University, Nigeria

This research work looked in the used of Remote Sensing to improve Agricultural production in Kutigi, Niger State. The aim of the study is to use remote sensing to improve rice farming activities in Kutigi, Niger State. It is very important to identify such methods to improve Agricultural production because experts are always interested in new researches and findings to better the standard of living in any environment. In view of this, Remotely-sensed data could be used or employed to elevate most of these agricultural problems in Kutigi through the following objectives: Using Landsat imagery to assess the present landuse …


The Monster In The Courtroom, Sonja R. West Dec 2012

The Monster In The Courtroom, Sonja R. West

BYU Law Review

No abstract provided.


Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter Dec 2012

Supreme Court Oral Argument Video: A Review Of Media Effects Research And Suggestions For Study, Edward L. Carter

BYU Law Review

No abstract provided.


Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy Dec 2012

Cameras At The Supreme Court: A Rhetorical Analysis, Lisa T. Mcelroy

BYU Law Review

No abstract provided.


Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm Dec 2012

Cameras In The Courtroom In The Twenty-First Century: The U.S. Supreme Court Learning From Abroad?, Kyu Ho Youm

BYU Law Review

No abstract provided.


The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda Dec 2012

The Justices And News Judgment: The Supreme Court As News Editor, Amy Gajda

BYU Law Review

No abstract provided.


U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones Dec 2012

U.S. Supreme Court Justices And Press Access, Ronnell Andersen Jones

BYU Law Review

No abstract provided.


Not A Free Press Court?, Lyrissa Barnett Lidsky Dec 2012

Not A Free Press Court?, Lyrissa Barnett Lidsky

BYU Law Review

No abstract provided.


Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea Dec 2012

Moving Beyond Cameras In The Courtroom: Technology, The Media, And The Supreme Court, Mary-Rose Papandrea

BYU Law Review

No abstract provided.


Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp Dec 2012

Antitrust And Nonexcluding Ties, Herbert J. Hovenkamp

All Faculty Scholarship

Notwithstanding hundreds of court decisions, tying arrangements remain enigmatic. Conclusions that go to either extreme, per se legality or per se illegality, invariably make simplifying assumptions that frequently do not obtain. For example, by ignoring double marginalization or tying product price cuts it becomes very easy to prove that a wide range of ties are anticompetitive. At the other extreme, by ignoring foreclosure possibilities one can readily conclude that ties are invariably benign.

Ties have historically been thought to produce two kinds of competitive harm: “leverage,” or extraction; and foreclosure, or exclusion. The two theories are not mutually exclusive. Indeed, …


Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp Dec 2012

Comparative Antitrust Federalism: Review Of Cengiz, Antitrust Federalism In The Eu And The Us, Herbert J. Hovenkamp

All Faculty Scholarship

This brief essay reviews Firat Cengiz’s book Antitrust Federalism in the EU and the US (2012), which compares the role of federalism in the competition law of the European Union and the United States. Both of these systems are “federal,” of course, because both have individual nation-states (Europe) or states (US) with their own individual competition provisions, but also an overarching competition law that applies to the entire group. This requires a certain amount of cooperation with respect to both territorial reach and substantive coverage.

Cengiz distinguishes among “markets,” “hierarchies,” and “networks” as forms of federalism. Markets are the least …


Impostos E Alternativas, Paulo Ferreira Da Cunha Dec 2012

Impostos E Alternativas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

O Tribunal Constitucional terá que muito provavelmente apreciar o OGE para 2013. Será uma prova decisiva para a nossa democracia e a II República. Façamos entretanto um recuo e lembremos, ainda que muito sucintamente, os problemas de legitimação de qualquer tributação, e o contrato social para que remete. Será também que, como se dizia nos tempos da "dama de ferro", "there is no alternative"? Há sempre alternativas. Por isso é que há política e não mera tecnocracia. Há sempre Política. E sempre pode haver outras políticas, desde que haja políticos com coragem, imaginação e competência.


San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology Dec 2012

San Francisco Declaration On Research Assessment (Dora), The American Society For Cell Biology

Copyright, Fair Use, Scholarly Communication, etc.

There is a pressing need to improve the ways in which the output of scientific research is evaluated by funding agencies, academic institutions, and other parties.To address this issue, a group of editors and publishers of scholarly journals met during the Annual Meeting of The American Society for Cell Biology (ASCB) in San Francisco, CA, on December 16, 2012. The group developed a set of recommendations, referred to as the San Francisco Declaration on Research Assessment. We invite interested parties across all scientific disciplines to indicate their support by adding their names to this Declaration. The outputs from scientific research …


An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson Dec 2012

An Estate Dilemma - Inaccessible Assets Hiding Behind Passwords And Encryption, Douglas J. Henderson

DOUGLAS J HENDERSON

Every person living in the modern world holds valuable assets, data, or information in digital mediums. Digital mediums include not only digital hardware storage mediums in personal possession (like external hard drives and internal hard drives within laptop and desktop computers, personal digital assistants, cell phones, and the like), but also those only accessible through a network. Because so much is held in digital mediums, when an individual dies or becomes incapacitated, another person must know how to access the incapacitated person’s digital assets and other important information (this person is known herein as the ‘Responsible Party’). There are potential …


Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco Dec 2012

Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco

Master's Theses

Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …


Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma Dec 2012

Re-Evaluating Peacebuilding In The Democratic Republic Of Congo: A Case Study In Dongo, Wilita Sanguma

Master's Theses

Re-evaluating Peacebuilding in the Democratic Republic of Congo: A case study in Dongo

The Democratic Republic of Congo (Congo) is a country rich with natural resources centered in the heart of Africa. Since the colonial era, the country has seen more bloodshed than peace and development. From 1996 to 2003, Congo experienced the worst conflict since World War II, with over six million people dead. Despite having the largest United Nations peacekeeping troops present; Congo continues to be plagued by violence. This research thesis argues that the international community failed to promote a lasting peace in Congo because the international …


Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy Dec 2012

Arizona’S Senate Bill 1070: A Case Study On State-Sponsored Immigration Policy, Ryan Murphy

Master's Theses

This study assesses the origins of Arizona’s state-sponsored immigration policy. It attempts to identify the social dynamics within Arizona that contributed to the overwhelming public support for SB 1070. Since it has been two years after the law was passed, this analysis determines what impact the law has had thus far within the state. Finally, it postulates the future of Arizona’s immigration policy.


The Sherman Act And The Balance Of Power, David K. Millon Dec 2012

The Sherman Act And The Balance Of Power, David K. Millon

David K. Millon

None available.


The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen Dec 2012

The Structural Constitutional Principle Of Republican Legitimacy, Mark D. Rosen

William & Mary Law Review

Democracy does not spontaneously occur by citizens gathering to choose laws. Instead, representative democracy takes place within an extensive legal framework that determines such matters as who gets to vote, how campaigns are conducted, and what conditions must be met for representatives to make valid law. Many of the “rules of the road” that operationalize republicanism have been subject to constitutional challenges in recent decades. For example, lawsuits have been brought against partisan gerrymandering—which is partly responsible for the fact that most congressional districts are no longer party competitive, but instead are either safely Republican or safely Democratic—and against onerous …


Massa E Elite. Uma Lição Da 'Renascença Portuguesa', Paulo Ferreira Da Cunha Dec 2012

Massa E Elite. Uma Lição Da 'Renascença Portuguesa', Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há muitos mitos e preconceitos sobre o elitismo e o seu papel em democracia. Confunde-se elite com oligarquia, por exemplo. Desde a Antiga Grécia que os regimes mais perfeitos eram mistos, em que não havia um único princípio a governar, mas vários. Hoje que as manifestações enchem as ruas e as massas podem ter maior protagonismo (já o estão a ter) é preciso refletir sobre o papel das massas e de como se relacionam com as elites. Um contributo para essa reflexão está já no movimento da Renascença Portuguesa, que se encontra em tempo de comemoração, mas também revisitação crítica. …


Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews Dec 2012

Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews

Gordon A Crews

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …