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Cover, Masthead & Contents

Journal of Civil Law Studies

No abstract provided.

Les Termes Comme Miroir Et Loupe D’Une Société? L’Exemple Du Code Civil Italien, Enrica Bracchi

Journal of Civil Law Studies

La langue est souvent le vecteur de concepts et de visions propres à une société ou une partie de celle-ci ; c’est à travers la langue que se dévoilent les contradictions, le refus ou l’assentiment par rapport à de nouvelles réalités sociales et sociétales, qui peuvent être réglementées par le droit. Le droit, quant à lui, se sert de la langue pour nommer ces réalités et la terminologie juridique ou parajuridique devient d’une part un miroir qui reflète des tendances et des variations et d’autre part une loupe car elle amplifie les contrastes et les points de détail concernant certaines …

Pourquoi Et Comment Former Des Juristes Trilingues?, Dominique Garreau

Journal of Civil Law Studies

No abstract provided.

Translating The Charitable Affectation In Private Law, Anne-Sophie Hulin

Journal of Civil Law Studies

Traduire sans trahir, voilà la difficulté du traducteur comme celle du comparatiste. Comment garantir que les notions, une fois passées au filtre juridique, ne subissent pas une certaine altération, et ne perdent par là un peu d’elles-mêmes? Cet article s’intéresse donc à un genre particulier de traduction où des concepts universels se voient convertis en notions juridiques. Dans le cas précis de la philanthropie, la traduction se révèle moins aisée en droit civil qu’en common law au point de s’interroger de la capacité de ce premier à accueillir les mécanismes philanthropiques. Il en ressort alors que les traditions juridiques n’ont …

Ruminations Around The Dictionary Of The Civil Code, Alain Levasseur

Journal of Civil Law Studies

No abstract provided.

Jersey: Vocabularies Of Coûtume And Code, Steven Pallot

Journal of Civil Law Studies

The Channel Islands were an integral part of the Duchy of Normandy until 1204 when King John lost Continental Normandy to the French King, Philip Augustus. Jersey and Guernsey did not submit to the jurisdiction of the French King but retained allegiance to the King in England as Duke of Normandy. The customary laws of the Islands retain their Norman root to this day in spite of strong legal and cultural influences from England in the 19^thand 20Centuries. A rich legal vocabulary in both French and English has evolved in these mixed legal jurisdictions.

This article examines the …

A Dialogue To Conclude A Conference On Legal Translation:Synthèse À Deux Voix, Matthias Martin, Olivier Moréteau

Journal of Civil Law Studies

No abstract provided.

Brazil: The Difficult Path Toward Democratization Of Civil Law, Lucas Abreu Barroso, Pablo Malheiros Da Cunha Frota, Brígida Roldi Passamani, Lúcio Moreira Andrade

Journal of Civil Law Studies

The Federal Constitution of 1988 reinstated the democratic rule of law in Brazil. Based on fundamental rights, the “Citizen’s Constitution” shaped the model of a welfare State, which objectives consist in the construction of a free, just and solidary society, the eradication of poverty and substandard living conditions and the promotion of the well-being of all, without prejudice as to origin, race, sex, color, age and any other forms of discrimination. From this context, the constitutional idealization of family democracy emerges, specifically represented in this paper by the recognition of civil union be-tween people of the same sex as family …

China: Fragmented Rights And Tragedy Of Anticommons:Evidence From China’S Coastal Waters, Bing Shui

Journal of Civil Law Studies

The ownership of, and rights to, coastal waters are exhibited on a cumulative scale ranging from commons-like to private use. As an example of a natural resource with complex and interlinked ecosystems, coastal waters give rise to many kinds of legal norms and pol-icy instruments. As shown by my investigation of China’s coastal waters, people are willing to pay for legal rights which guarantee exclusive access, regardless of the relatively high cost. The statistical data further reveals that, when coastal waters are divided, there is a negative correlation between fragmentation of the seas and sea-based production. Therefore, based on the …

Complete V.9 No.2

Journal of Civil Law Studies

No abstract provided.

Basic Questions Of Tort Law From A Comparative Perspective, Michael L. Wells

Journal of Civil Law Studies

No abstract provided.

The Principle Of Liability In Private Antitrust Enforcement In Selected European States In Light Of The Implementation Of The Damages Directive Into The Polish Legal System, Dominik Wolski

Yearbook of Antitrust and Regulatory Studies

In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and expressed …

Evaluation Of Pre-Accession State Aid In The Energy Sector. Case Comment To The Judgment Of The Court Of Justice Of 1 October 2015 Electrabel Sa, Dunamenti Erőmű Zrt. V European Commission (Case C 357/14 P), Tihamer Toth

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho

Indonesia Law Review

The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …

Finding A Fair Land Dispute Settlement Mechanism Between Adat Law Community Vs. Investor, Ratih Lestarini

Indonesia Law Review

Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “tanah ulayat” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced …

Debunking The Relationship Between Law And Capitalism: How Corporate Governance Failures Contribute To The Financial Crisis In Indonesia?, Najmu Laila Sopian, Muhammad Yahdi Salampessy

Indonesia Law Review

The recent global financial catastrophe has raised questions about the relationship between corporate governance and the crisis. Many scholars attribute the crisis to the corporate failure and the Anglo-Saxon model of capitalism. Much of the literatures, however, tend to focus on examining the issue of financial crisis in the developed economy. Following up this line of literatures, this paper will extend the discussion of the role of corporate governance in financial crisis in the developing world. Using Indonesia as a case study, this paper will look at evidence that has emerged from the recent financial crisis regarding the failures of …

Miskonsepsi Kimia Yang Disebabkan Pernyataan Nonproposisi, Sri Winarni, Syahrial Syahrial

Jurnal Pendidikan Sains

Results of a study about identification of chemical misconceptions were reported in the journal article shows that the results of research can be divided into two things, the percentage or number of students who have misconceptions and theirs conception. The focus of this study is the statement of the non proposition. Non proposition statement can be divided into several categories, namely: (1) prerequisite concepts was wrong and the new concept was true; (2) prerequisite concept was true and the new concept was wrong; and (3) both are wrong, whether prerequisite concepts or new concepts. To overcome misconception, it needed to …

Pengaruh Pembelajaran Kimia Kelarutan Dengan Lc-5e Berkonteks Ssi Terhadap Keterampilan Berpikir Kritis Siswa Sma, Halimah Mustika Nurhayati, Sri Rahayu, Yahmin Yahmin

Jurnal Pendidikan Sains

The aims of the study were to understand the effect of differences in chemistry learning with Learning Cycle-5E (LC-5E) instructional model using Socio-scientific Issues (SSI) context toward critical thinking skill of senior high school students on solubility material. This was a quasi-experimental with pretest-posttest control group design. The research data was from test results with critical thinking instruments that have been developed (R = 0.7319). The test results were analyzed using independent sample t-test. The results showed that there was significant difference of students’ critical thinking skills between students that learned with LC-5E using SSI context and that learned with …

Kawasan Rumah Pangan Lestari (Krpl): Analisis Pengetahuan Dan Perilaku Santri, Najah Sholehah, Mimien Henie Irawati, Sueb Sueb

Jurnal Pendidikan Sains

This research was aimed to describe the knowledge and behavior of students related toSustainableReserveFoodGarden Program (SRFGP). The research was conducted in June 2016 at Miftahul Ma’arif Islamic Boarding House Central Lombok. The type of this research is descriptive quantitative. Sample were collected through Purpossive Sampling technique. The number of respondents were 26 students. The result showed that the knowledge and behaviour of students related to SRFGP were very low, 26,4% and 5,8%, respectively. We need further action to improve the knowledge and behavior to implement SRFGP in environment preservation and awareness.

Cover, Cleveland State Journal Of Law And Health

Journal of Law and Health

No abstract provided.

Quintavalle: The Quandary In Bioethics, Lisa Cherkassky

Journal of Law and Health

The case of R. (Quintavalle) v. Human Fertilisation Embryology Authority (and Secretary of State for Health) presents a handful of legal problems. The biggest legal query to arise from the case is the inevitable harvest of babies, toddlers and very young children for their bone marrow. This article unpacks the judicial story behind Quintavalle to reveal how the strict provisions of the Human Fertilisation and Embryology Act 1990 - namely ‘suitable condition’ under schedule 2 paragraph 1(1)(a) and ‘treatment services’ and ‘assisting’ under section 2(1) - were widely misinterpreted to introduce the social selection of embryos into law. The legal …

Analisis Pengetahuan Mahasiswa Pencinta Alam Tentang Tumbuhan Survival Di Hutan Sebagai Bahan Pengembangan Buku Pegangan Ilmiah Populer, M. Eval Setiawan, Suhadi Suhadi, Sri Endah Indriwati

Jurnal Pendidikan Sains

This research aims to analyze ‘mahasiswa pencinta alam’ knowledge in utilizing survival plants. The research method was quantitative descriptive, which involved 60 respondents. The data were collected through questionnaire and interview. The results showed that 54 % respondents had very low knowledge about plant survival. The respondent lack of knowledge about identification and species of plant survival and in the forest and also difficultto get information sources such as the book of survival guide in order to support their knowledge. It is required to develop a popular scientific guidance book about survival plants.

A Journey Through The Health Care Safety Net, Brietta R. Clark

Saint Louis University Law Journal

No abstract provided.

A Validated Tropical-Extratropical Flood Hazard Assessment For New York Harbor, Philip M. Orton, T. M. Hall, Stefan A. Talke, Alan F. Blumberg, Nickitas Georgas, S. Vinogradov

Civil and Environmental Engineering Faculty Publications and Presentations

Recent studies of flood risk at New York Harbor (NYH) have shown disparate results for the 100 year storm tide, providing an uncertain foundation for the flood mitigation response after Hurricane Sandy. Here we present a flood hazard assessment that improves confidence in our understanding of the region's present-day potential for flooding, by separately including the contribution of tropical cyclones (TCs) and extratropical cyclones (ETCs), and validating our modeling study at multiple stages against historical observations. The TC assessment is based on a climatology of 606 synthetic storms developed from a statistical-stochastic model of North Atlantic TCs. The ETC assessment …

Pulsed-Dye Laser Efficacy In The Treatment Of Psoriasis In Adult Patients: An Evidence-Based Case Report, Made Ananda Krisna, Hanny Nilasari

Journal of General - Procedural Dermatology and Venereology Indonesia

Psoriasis is a chronic inflammatory skin disease known to be highly responsive to phototherapy. Narrow-band UVB (NBUVB) phototherapy has been one of the standard treatments for its moderate to severe form. However, its lack of efficacy in treating stable psoriatic plaques on extremities has lead researchers to find alternative treatments, one of which is pulsed-dye laser (PDL). Laser has been known to be effective in treating vascular lesions; in psoriasis, elongation of rete ridge along with tortuous dermal capillaries are one of the first pathologies identified early in the disease progression. Several in vivo and preliminary studies have found the …

Patent Infringements On Second Medical Use In The Light Of The Reimbursement System, Marek Świerczyński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper relates to patent infringements on second medical use in the light of competition law and the reimbursement system. It is inspired by two recent rulings delivered by English and Dutch courts. They have considered whether the sale of generic drugs may be regarded as an infringement of a patent relating to a second medical use (not indicated on the labels) in situations where the facts of the case showed that these drugs have actually been used in a way covered by this patent (ie. off-label use). In the light of these rulings, the main purpose of this paper …

Trauma Care In Tennessee; 2016 Report To The 110th General Assembly, Tennessee. Department Of Health.

Trauma Care in Tennessee

No abstract provided.

Tangier And Kerouac's Oriental Experience In Liminality, Peggy Pacini

CLCWeb: Comparative Literature and Culture

In her article "Tangier and Kerouac's Oriental Experience in Liminality" Peggy Pacini discusses Kerouac's production derived from his Tangerian experience. Since the Tangier narratives have no existence of their own in the Duluoz Legend and are included in larger volumes about traveling and passing through, Pacini examines how this production cohered within the entire Legend and the terminology and world vision Kerouac had already fashioned. Focusing on two texts, "Big Trip to Europe" and "Passing through Tangiers, France and London," Pacini considers Kerouac's and his alter ego Duluoz's visions of Tangier and their journey to Tangier as many thresholds or …

Bowles's Up Above The World As Beatnik Murder Mystery, Greg Bevan

CLCWeb: Comparative Literature and Culture

In his article "Bowles's Up Above the World as Beatnik Murder Mystery" Greg Bevan discusses Paul Bowles's fourth and final novel, which at the time of its publication was met with mixed reactions from reviewers and its creator alike, and has seen relatively scanty critical attention in the years since. Gena Dagel Caponi perceives in the novel a reflection of Bowles's struggle for control, during the time of its writing, in the face of his wife Jane's terminal illness. Building on this insight, the current essay notes the same tension in the writings of the Beats—a movement with which Bowles …

Burroughs As A Political Writer?, Alexander Greiffenstern

CLCWeb: Comparative Literature and Culture

In his article "Burroughs as a Political Writer?" Alexander Greiffenstern discusses political elements in William S. Burroughs's work. Greiffenstern looks at Burroughs's text "The Coming of the Purple Better One" written for Esquire about the Democratic National Convention in Chicago 1968. By writing a surprisingly personal text, Burroughs might have captured something about the significance of the convention that many later historical accounts miss. In the end, Burroughs leaves the critical reader no other choice than to attempt a historical and political analysis.