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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 …


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.


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 …


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 …


Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael Dec 2012

Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael

Associate Professor Katina Michael

The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …


Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael Dec 2012

Privacy- The Times They Are A-Changin', M.G. Michael, Katina Michael

Professor Katina Michael

This special section is dedicated to privacy in the information age. Since the rise of mobile social media in particular and the advent of cloud computing few can dispute that the times have changed. Privacy is now understood in context, and within a framework that is completely different to what it once was. The right to be let alone physically seemingly has been replaced by the right to give away as much information as you want virtually. What safeguards can be introduced into such a society? We cannot claim to wish for privacy as a right if we ourselves do …


Interative Discussion Leader (Idt) @ Futuregov Forum Queensland On The Theme Of "Mobile Government", Katina Michael, Erica Fensom Dec 2012

Interative Discussion Leader (Idt) @ Futuregov Forum Queensland On The Theme Of "Mobile Government", Katina Michael, Erica Fensom

Professor Katina Michael

Mobile Government Briefing: Provide services anywhere any time: - Transact to enable in-field data collection, request processing, order management, approvals, edits, updates and execute actions. - What are the implications for the incorporation of rich multimedia content on devices to better serve staff and citizens? - Addressing the security challenges of various risks around data access, data transmission, and data storage for BI architecture and mobile devices


Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli Dec 2012

Climate Change Adaptation Chapter: Marshfield, Massachusetts, Joshua H. Chase, Jonathan G. Cooper, Rory Elizabeth Fitzgerald, Filipe Antunes Lima, Sally R. Miller, Toni Marie Pignatelli

Landscape Architecture & Regional Planning Studio and Student Research and Creative Activity

Climate change, understood as a statistically significant variation in the mean state of the climate or its variability, is the greatest environmental challenge of this generation (Intergovernmental Panel on Climate Change, 2001). Marshfield is already being affected by changes in the climate that will have a profound effect on the town’s economy, public health, coastal resources, natural features, water systems, and public and private infrastructure. Adaptation strategies have been widely recognized as playing an important role in improving a community’s ability to respond to climate stressors by resisting damage and recovering quickly.

Based on review of climate projections for the …


Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra Dec 2012

Constraints In Adoption Of Moongbean Production Technology In Sundarban, West Bengal, Ganesh Chandra

Ganesh Chandra

The new agricultural technologies are considered to be the prime mover to the process of agricultural development in India. Understanding farmers’ perceptions of a given technology is crucial in the generation and diffusion of new technologies and farm household information dissemination. Pulses in India have long been considered as the poor man’s only source of protein. Moongbean (green gram) is one of the important pulse crop in India, plays a major role in augmenting the income of small and marginal farmers of Sundarban. Constraints are the circumstances or causes, which prohibit farmer to adopt improved farm technology. This constraint study …


After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman Dec 2012

After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman

Simon Chesterman

This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …


End Of The Line: Tracking The Commodity Chain Of The Electronic Waste Industry, Jacquelynn A. Doyon Dec 2012

End Of The Line: Tracking The Commodity Chain Of The Electronic Waste Industry, Jacquelynn A. Doyon

Dissertations

This study examines the transfer of electronic waste (e-waste) from core to peripheral nations, specifically coastal nations in Africa. The theoretical perspective marries green criminology with world systems theory in examining the ways in which marginalized populations bear the burden of hazardous waste disposal across the globe. The study is comparative, looking at legislation in the United States as well as international legislation and enforcement, and also employs case study methodology, contrasting e-waste disposal in Nigeria and Ghana. The final intent of this research is to determine whether or not the violation of national and/or international legislation regarding the transfer …


Ieee T&S Magazine: Undergoing Transformation, Katina Michael Nov 2012

Ieee T&S Magazine: Undergoing Transformation, Katina Michael

Professor Katina Michael

Our Magazine is in a transformative period, not only because we are ‘Going Green’ in 2013 but because we are experiencing tremendous growth in quality international submissions. This means that we are increasingly appealing to an international audience with transdisciplinary interests. This has not gone unnoticed by the media, nor by our SSIT readership or wider engineering community.


Da Universidade. Reflexão Jurídica Em Tempo De Crise, Paulo Ferreira Da Cunha Nov 2012

Da Universidade. Reflexão Jurídica Em Tempo De Crise, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há princípios constitucionais para as Universidades. É bom que tal não se esqueça num tempo em que a Constituição está, mais que metida na gaveta, apedrejada todos os dias. E há princípios de bom senso, também. A Universidade não pode ser desvirtuada nem por asfixia financeira, nem por burocracia antidemocrática, nem por modismos que distraiam os professores (e até os estudantes) dos fins naturais e primaciais que tem: aprender e ensinar.


Recognizing New Syrian National Coalition Alone Won’T End War In Syria, Ahmed Souaiaia Nov 2012

Recognizing New Syrian National Coalition Alone Won’T End War In Syria, Ahmed Souaiaia

Ahmed E SOUAIAIA

Those who doubt Lakhdar Brahimi’s assessment of the crisis in Syria ought to rethink their position. His ostensibly naïve initiative for a ceasefire over the Eid holidays might have been a brilliant maneuver that ended the existence of the Syrian National Council, the previously prominent face of the Syrian opposition. Before proposing an ambitious plan of six or one hundred points like his predecessor, Brahimi wanted to make sure that there are reliable representatives of both sides who can exert influence and control over their subordinates. After visiting Russia and China, he proposed, from Tehran, that both the opposition forces …


Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen Nov 2012

Gay Parenthood And The Revolution Of The Modern Family: An Examination Of The Unique Barriers Confronting Gay Adoptive Parents, Nicholas Arntsen

Nicholas Benedict Arntsen

Abstract: In recent decades, the structure of the American family has been revolutionized to incorporate families of diverse and unconventional compositions. Gay and lesbian couples have undoubtedly played a crucial role in this revolution by establishing families through the tool of adoption. Eleven adoptive parents from the state of Connecticut were interviewed to better conceptualize the unique barriers gay couples encounter in the process adoption. Both the scholarly research and the interview data illustrate that although gay couples face enormous legal barriers, the majority of their hardship comes through social interactions. As a result, the cultural myths and legal restrictions …


Delinquency And Crime In Nevada, Stephanie Kent, Deborah K. Shaffer Nov 2012

Delinquency And Crime In Nevada, Stephanie Kent, Deborah K. Shaffer

Stephanie Kent

The United States has always had significantly higher crime rates than other developed nations, and its juvenile crime rates repeat this pattern. Scholars have offered various explanations for this discrepancy, ranging from structural reasons such as a high level of income inequality in the U.S. to the cultural values that encourage Americans to be individualistic, seek autonomy, and engage in violent conduct. Crime issues have received a good deal of attention from American scholars and politicians, with delinquency remaining a major focus of criminological inquiry for more than 50 years. While scholarly literature now includes many studies focused on different …


Crime And Delinquency In Nevada, Brooke M. Wagner, Andrew L. Spivak, Stephanie L. Kent, Deborah Koetzle Nov 2012

Crime And Delinquency In Nevada, Brooke M. Wagner, Andrew L. Spivak, Stephanie L. Kent, Deborah Koetzle

Stephanie Kent

Crime and justice system have received much attention from American scholars and politicians in the last than 50 years, with issues in adult criminality, delinquency, and penology emerging at the center stage of criminological inquiry. While scholarly literature now includes many studies focused on different regions and cities, there are no large-scale empirical examinations of crime and delinquency in Nevada. One exception is the Social Health of Nevada report issued in 2006 by University of Nevada, Las Vegas (UNLV) Center for Democratic Culture (CDC).


Brisa De Anomia - Da Constituição Real Ao Quotidiano Incompetente, Paulo Ferreira Da Cunha Nov 2012

Brisa De Anomia - Da Constituição Real Ao Quotidiano Incompetente, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há vários sintomas de mal estar social, todos sabemos. Desde uma Constituição que parece ter passado a nominal ou semântica em algumas dimensões ao menos, não por culpa sua mas de quem a deveria cumprir, até ao esboroar das relações laborais e ao crescendo da insatisfação laboral de quem trabalha, a par do crescendo do desemprego, ou à falta de boa fé contratual... Sente-se ainda que muitos serviços estão a funcionar mal, mercê da precaridade dos contratos dos trabalhadores, promovidos a verdes colaboradores muitas vezes... Ainda parece, em geral, viver-se sob a lei, mas já há muitas bolsas de torto …


Glogging Your Every Move, Lisa Wachsmuth, Katina Michael Nov 2012

Glogging Your Every Move, Lisa Wachsmuth, Katina Michael

Professor Katina Michael

"It is one thing to lug technologies around, another thing to wear them, and even more intrusive to bear them... But that's the direction in which we're headed."

"I think we're entering an era of person-view systems which will show things on ground level and will be increasingly relayed to others via social media.

"We've got people wearing recording devices on their fingers, in their caps or sunglasses - there are huge legal and ethical implications here."


Screening For Mental Health Problems Among Incarcerated Youth In Nevada: Practice And Policy, Michelle Chino, Jennifer Personius-Zipoy, Denise Tanata Nov 2012

Screening For Mental Health Problems Among Incarcerated Youth In Nevada: Practice And Policy, Michelle Chino, Jennifer Personius-Zipoy, Denise Tanata

Nevada Journal of Public Health

Incarcerated youth in Nevada with serious mental health problems are not being effectively identified. The current study examined the utility of simple screening instruments as a mechanism for identifying incarcerated youth who may have a mental health disorder. Adjudicated youth, incarcerated at each of Nevada’s 12 juvenile detention facilities, participated in the study by completing a demographic questionnaire and a standardized mental health screening instrument: the Massachusetts Youth Screening Instrument-Version 2 (MAYSI-2). Findings indicate a high prevalence of mental health disorders among incarcerated juveniles in Nevada. Identifying youth with mental health problems is complicated by the lack of a systematic …


The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald Nov 2012

The Effect Of Private Police On Crime: Evidence From A Geographic Regression Discontinuity Design, John M. Macdonald, Jonathan Klick, Ben Grunwald

All Faculty Scholarship

Research demonstrates that police reduce crime. The implication of this research for investment in a particular form of extra police services, those provided by private institutions, has not been rigorously examined. We capitalize on the discontinuity in police force size at the geographic boundary of a private university police department to estimate the effect of the extra police services on crime. Extra police provided by the university generate approximately 45-60 percent fewer crimes in the surrounding neighborhood. These effects appear to be similar to other estimates in the literature.


Torch (November/December 2012), Brandon Baldwin, Civil Rights Team Project Nov 2012

Torch (November/December 2012), Brandon Baldwin, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.


Mobility Measures, Naomi Schoenbaum Nov 2012

Mobility Measures, Naomi Schoenbaum

BYU Law Review

Geographic mobility is a celebrated feature of American life. Deciding where to live is seen not only as a key personal freedom, but also a means of economic advancement. Millions of Americans move each year over great distances. But while this right to travel is safeguarded by the Constitution, these mobility decisions are not entirely free. In terms of the decision to move long distances, employment and family reasons are central, and a regime of employment and family law “mobility measures” play a significant role in regulating why and how we move. This Article first sets forth this new framework …


Who Is The Syrian Opposition?, Ahmed Souaiaia Oct 2012

Who Is The Syrian Opposition?, Ahmed Souaiaia

Ahmed E SOUAIAIA

Since the start of the uprising in Syria, countries supporting the opposition groups wanted to unify them. They organized a series of the so-called “Friends of Syria” conferences one after another only to adjourn without realizing their objective. In most cases, the meetings created more discord than opportunities for unity.


The Long-Term Coercive Effect Of State Community Benefit Laws On Hospital Community Health Orientation, Charles B. Moseley, Jay J. Shen, Gregory O. Ginn Oct 2012

The Long-Term Coercive Effect Of State Community Benefit Laws On Hospital Community Health Orientation, Charles B. Moseley, Jay J. Shen, Gregory O. Ginn

Nevada Journal of Public Health

This study is an examination of the long-term coercive effect of state community benefit laws (CB Laws) on the provision of community health activities in U.S. acute care hospitals. The sample included all the not-for-profit and investor owned acute care hospitals for which 1994 and 2006 AHA Annual Survey data were available. A panel design was used to longitudinally examine the effect that state CB Laws had on hospital community health orientation activities and the provision of health promotion services, after controlling for the influence of other organizational and environmental variables that might affect these activities and services. The authors …


Indian Millennials: Are Microchip Implants A More Secure Technology For Identification And Access Control?, Christine Perakslis, Katina Michael Oct 2012

Indian Millennials: Are Microchip Implants A More Secure Technology For Identification And Access Control?, Christine Perakslis, Katina Michael

Associate Professor Katina Michael

This mixed methods study with a sequential explanatory strategy explored qualitatively the statistically significant quantitative findings relative to Indian respondents’ perceptions about RFID (radio frequency identification) transponders implanted into the human body. In the first analysis phase of the study, there was a significant chi-square analysis reported (χ2 = 56.64, df = 3, p = .000) relative to the perception of small business owners (N = 453) that implanted chips are a more secure form of identification and/or access control in organizations and the respondents’ country of residence. Countries under study included Australia, India, the UK and US. The country …


Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard Oct 2012

Reducing Unlawful Prescription Drug Promotion: Is The Public Health Being Served By An Enforcement Approach That Focuses On Punishment?, Vicki W. Girard

Georgetown Law Faculty Publications and Other Works

Despite the imposition of increasingly substantial fines and recently successful efforts to impose individual liability on corporate executives under the Park doctrine, punishing pharmaceutical companies and their executives for unlawful promotional activities has not been as successful in achieving compliance with the Federal Food, Drug, and Cosmetic Act (FD&C Act) as the protection of the public health demands. Over the past decade, the Food and Drug Administration (FDA) and the Department of Justice (DOJ) have shifted their focus from correction and compliance to a more punitive model when it comes to allegedly unlawful promotion of pharmaceuticals. The shift initially focused …


O Cidadão E O Estadista, Paulo Ferreira Da Cunha Oct 2012

O Cidadão E O Estadista, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Fala-se muito em crise, naturalmente em mudanças políticas, e até em regeneração dos partidos. Cremos que esta é fundamental. Ou tal ocorre, ou virá, mais dia menos dia, após esta ou aquela convulsão, a ditadura e o partido único, sob qualquer bandeira, normalmente populista. Muitos estão já a atiçar o lume antipartidário e antidemocrático, como ocorreu noutros tempos. E apontando já os bodes expiatórios a sacrificar, enquanto os verdadeiros responsáveis passam ao largo... Por outro lado, não é Estadista quem quer. São precisas virtudes e qualidades. Não uma competência mitificada e abstrata. Mas projeto político e capacidade, experiência, etc.