Law Commons^™

Trending @ Rwulaw: Judge William E. Smith's Post: Rwu Law & The Federal Courts: A Unique Partnership, William E. Smith

Law School Blogs

No abstract provided.

Strategi Komunikasi Dalam Advokasi Hasil Penelitian (Studi: Mahasiswa Klinik Hukum Anti Korupsi Fakultas Hukum Unpad Tahun 2014), Nur Atnan

Jurnal Hukum & Pembangunan

Contribution of Anti Corruption Legal Clinic of Faculty of Law Unpad is making change through research report‟s advocacy. Advocacy aimed to give more advamtage and meaning to the research conducted by the students. However by the observation of the writer, research report‟s advocacy in 2014 has not give significant support to the expexted changes. Writer interested to take research in this activity to analyse communication strategy in research report‟s advocacy. Research conducted by qualitative method through interview and researcher involved in every students‟ activity. Research shows that the main components in communication strategy in advocacy are communication planning, actuating and …

Efektivitas Pelaksanaan Hak Warga Binaan Perempuan Dalam Mewujudkan Tujuan Pemasyarakatan: Studi Kasus Rumah Tahanan Klas Ii A Jakarta Timur, Cassandra Nadia Arviani, Achmad Fatony, Antonius Aditantyo, Dion Valerian, Dhurandhara Try Widigda, Kezia Minar Paladina

Jurnal Hukum & Pembangunan

The writer(s) of this article try to explain the rights of protection for the people in detention center. Many legal rules made by the state. But practicaly, the authorities in the detention center focused on the liability and responsibility of the prisoners rather then considered about their rights. So, this research group found some findings in their research site at the detention center, about the unfair treatment, discrimination, rights violation, and other mistreatment.

Peran Negara Dalam Memberikan Perlindungan Hukum Bagi Calon Pasangan Kawin Beda Agama (Kba) Di Indonesia, Kadek Wiwik Indrayanti, Aloysius R. Entah

Jurnal Hukum & Pembangunan

No abstract provided.

Inventarisasi Ekspresi Budaya Tradisional Secara Terstruktur Sebagai Upaya Perlindungan Pengetahuan Tradisional, Isti Novianti

Jurnal Hukum & Pembangunan

Indonesia is a country that has an assortment of tribes and customs. To be observed the diverse cultures that exist so that governments are required to keep to be preserved properly. To know and recognize traditional cultures of various regions will require a data base that includes the traditional knowledge in Indonesia. This database can also be used as a source of information that can be accessed both international and domestic. In this case the central government and regional governments are given the authority to inventory Traditional Cultural Expressions. Effort into making the database has been started in the discourse …

Adaptasi Konsep Imbal Jasa Lingkungan Sebagai Persyaratan Pendaftaran Paten Yang Menggunakan Bahan Sumber Daya Genetik Di Indonesia, Vika Andini

Jurnal Hukum & Pembangunan

Natural resources exploitation not only have an effect to the balance of environment ecosystem but also to the indigenous people as a caretaker for the genetic resources. The indigenous people are the most entitled ones to gain the commercial benefit from the use of the genetic resources.The protection and benefit sharing for the use of genetic resources need to be reaffirmed in the existing national law instrument. The provision about the protection and benefit sharing in the use of genetic resources can not only regulated in environment law instrument, but should regulated in intellectual property right law instrument as well. …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

In Defense Of Sports Antitrust Law: A Response To Law Review Articles Calling For The Administrative Regulation Of Commercial Sports, Marc Edelman

Washington and Lee Law Review Online

In recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy offset the many theoretical advantages to creating a specialized regulatory body to oversee commercial sports. The commercial sports industry already possesses an extraordinarily strong lobbying arm that has successfully lobbied for special legislation, such as the Sports Broadcasting Act of 1961 and the Professional and Amateur Sports Protection Act of 1992. If commercial sports ever were to become administratively regulated, sports …

Ultracrepidarianism In Forensic Science: The Hair Evidence Debacle, David H. Kaye

Washington and Lee Law Review Online

For over 130 years, scientific sleuths have inspected hairs under microscopes. Late in 2012, the FBI, the Innocence Project, and the National Association of Criminal Defense Lawyers joined forces to review thousands of microscopic hair comparisons performed by FBI examiners over several of those decades. The results have been astounding. Based on the first few hundred cases in which hairs were said to match, it appears that examiners exceeded the limits of science in over 90% of their reports or testimony. The disclosure of this statistic has led to charges that the FBI faked an entire field of forensic science, …

Arbitration And Competition Law – In Response To Dr Tomasz Bagdziński, Szymon Syp

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

The present article is a response to a polemical article written by Tomasz Bagdziński entitled: Arbitration and competition law – a voice in the debate in relation to an article entitled Arbitration and competition law – a selected theoretical and practical issues. In this paper, the Author focuses on two issues: the redress mechanism in cases of claims resulting from competition law infringement and settling competition law disputes by arbitration courts. In the response, the Author points to a number of legal issues still to be resolved, which are part of the discussion about the inter-relationship between competition law and …

Procedural Aspects Of Singapore’S Merger Control System, Wojciech Podlasin

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

This paper is devoted to procedural aspects of Singapore’s merger control system, which is materially different from the regimes applicable in Poland and the EU. The Author presents issues related to: (i) major legal acts; (ii) relevant merger control authorities; (iii) the applicable prohibition of mergers that substantially lessen competition; (iv) the conduct of proceedings before merger control authorities as well as; (v) potential fines and; (vi) appeals.

Elements Of A Dynamic Analysis Of The Impact Assessment Of A Merger On The Relevant Market, Wojciech Piwowarczyk

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

The article covers issues related to dynamic impact assessment (for an individual relevant market) of mergers and, derived from that impact assessment, the permissibility of a merger. It presents criteria that should be taken into consideration by competition authorities during the relevant markets’ prospective analysis, which is characterized by particular volatility (or potential volatility). This volatility in the prospective analysis goes beyond speculations and focuses on anticipated effects of the merger in the sphere of economic trends. The article presents varies reasoning that has in practice been used in merger control cases, but has not been directly articulated. This reasoning …

Is Antitrust Risk Management Possible And Can It Generate Benefits?, Maciej Fornalczyk

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

Conducting an economic activity means the permanent clash of diverse economic risks, understood as the appearance of the undesirable event of a negative impact on economic efficiency expected by the entrepreneur. Some questions have to be addressed at this point: (1) is it possible to manage the risk in order to minimize the consequences of undesirable events; (2) how the decrees should be understood and; (3) what instruments should be used? An attempt is made in this paper to answer these questions, or to indicate the need to clarify or to define their substantial scopes. Managing antitrust risk is of …

Anti-Competitive Or Pro-Competitive Objective Of Consortium Bidding In Public Procurement – Analysis And Opinion, Małgorzata Sieradzka

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

This paper reviews issues arising when assessing the objectives of consortium participation in procedures for the award of public contracts. For economic operators, a bidding consortium is a legally acceptable form of participation in public procurement procedures. The essence of consortium bidding is a joint bid for a contract submitted and agreed upon by the members of the consortium. However, agreeing on how to bid by multiple economic operators entering a given public contract procedure is deemed restrictive to competition. It is thus crucial to determine the circumstances under which the submission of a joint bid is to be deemed …

Legal Qualification Of Spamming As An Act Of Unfair Competition Under The Law On Electronic Services And The Law On Unfair Competition, Monika Szczotkowska

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

The development of new technologies creates numerous conveniences for humans – they can make work easier, cheaper and eliminate errors. Thanks to new technologies, humans can optimize their actions, so that they are able to faster achieve their purpose. New technologies have also influenced the development of entrepreneurship, and in turn, they affect the shaping of competition. Today, almost every trader uses technological means of communication; almost every single one of them uses them for marketing activities. The fact that only minimal investment is needed for the transmission of information by technological means (electronic mail in particular), caused the emergence …

Between The Effectiveness Of Administration And Legal Certainty Of Traders – Comments To The Law Of 5 August 2015 Amending The Polish Act On Competition And Consumer Protection And Other Laws, Cezary Banasiński, Monika Bychowska

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

This paper evaluates recent changes made to the Act on Competition and Consumer Protection of 2007. The new amendment concerns, in particular, the scope and method of protecting weaker market participants (consumer) before their contracts concluded with business, and containing abusive clauses, actually become binding. The amendment has reoriented the current system in matters concerning abusive clauses as well as introduced a new practice infringing consumer interests in financial markets. The new rules give the UOKiK President a high level of discretion regarding his decisions; it remains to be seen in practice, whether the use of the new solutions will …

Authorisation Of Rpm In The Decision Of The Australian Antitrust Authority (Tooltechnic Case From December 2014), Konrad Kohutek

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

This paper describes the Australian Tooltechnic case, in which the antitrust authority – for the first time in history – has authorized application of resale price maintenance by that undertaking. Besides the presentation of the fact of the case, this article evaluates legal and economic arguments which determined the authorization of such practice and also their relevance for the application of Polish and European prohibition of competition restricting agreements relating to RPM.

An Economic Justification For The Conclusion Of A Consortium Agreement Excludes Its Anticompetitive Character. Case Comment To The Judgment Of The Court Of Competition And Consumer Protection Of 10 March, Małgorzata Sieradzka

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

Table of contents

I. Introduction

II. Findings of the judgment

III. Legal evaluation of the judgment

1. Tender consortium
2. Evaluation of the purpose of participation of the consortium in the public procurement procedure

IV. Conclusions

Consumers And Competition Law: Still Developing And Often Discussed, Konrad Kohutek

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

From the Volume Editor

Report On The 2nd Polish-Portuguese Phd Seminar, Teresa Kaczyńska

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

Białystok, 1 July 2015

Eyewitness Identification Jury Instructions: Do They Enhance Evidence Evaluation?, Marlee Kind Berman

Dissertations, Theses, and Capstone Projects

Mistaken eyewitness identifications are a leading cause of wrongful convictions. Even with procedural safeguards (e.g., cross-examination) in place, jurors still have difficulty evaluating the reliability of eyewitness identifications. The purpose of the present line of research is to examine whether the issue-specific judicial instructions, set forth by the New Jersey Supreme Court (New Jersey v. Henderson, 2011), effectively sensitize jurors to eyewitness identification accuracy. Results of the first study indicate that the current Henderson instructions delivered on issues specific to a case are not as effective as intended. Results of the second study indicate a sensitivity effect, such that mock …

Deception As Forgery: The Role Of Reference Information In Honesty And Deceit, Timothy John Luke

Dissertations, Theses, and Capstone Projects

Using concepts derived from cybernetics, self-presentation theory, and research on human self-regulation, I develop a cybernetic perspective of deception and self-presentation. In this perspective, human communication, both honest and deceptive, is controlled by feedback mechanisms. I report two studies designed to test the basic prediction derived from the cybernetic framework that deceivers are able to better emulate truth-tellers when they have access to relevant reference information about the way truth-tellers behave. Each study manipulated liars' and truth-tellers' access to reference information in a different manner. In Study 1, some participants viewed video recordings of people being interviewed in a manner …

Knowing Children/Children Knowing: Nineteenth-Century British Child Law And Literature, Donna Paparella

Dissertations, Theses, and Capstone Projects

Why are nineteenth-century literary narratives filled with children's accounts of bad parents, dead parents, absent parents, and surrogate parents? What are the origins of our current preoccupation with children as evidenced, for example, in Ian McEwan's new novel, The Children Act; New York State's recent amendments to the name and role of "Attorney for the Child"; and today's vehement debates over parenting styles? The mid-nineteenth century was a period of intense preoccupation with "the child": it engendered family law; it generated an explosion of representations of children in art and literature; and it witnessed the beginnings of the scientific …

A Cognitive-Based Indicator Of Deviant Sexual Arousal: Concurrent Validation Of The Emotional Stroop, Ashley H. Spada

Dissertations, Theses, and Capstone Projects

One of the strongest dynamic predictors of sexual recidivism among sex offenders is deviant sexual arousal (DSA; Hanson & Bussiére, 1998). Phallometric testing, the most commonly used method of assessing DSA, has elicited numerous methodological, ethical, and financial criticisms, while self-report measures are vulnerable to social desirability and lack of self-awareness. In an effort to overcome the limitations of previous measures of DSA, researchers have employed cognitive measures including a modified version of the Stroop task to measure DSA among sexual offenders (Price & Hanson, 2007; Smith & Waterman, 2004). These original studies used victim selection to assess the concurrent …

Ndls Update 09/29/2015, Notre Dame Law School

NDLS Update

NDLS Update is a weekly email newsletter of news, events, and opportunities for Law School faculty and staff.

The Standing Of The Public Interest, Amitai Etzioni

Barry Law Review

No abstract provided.

Challenges Of Forecasting Physician Workforce Needs Amid Delivery System Transformation, Rob Cunningham

National Health Policy Forum

As population growth and the aging of the overall population increase demand for health care, policymakers and analysts grapple with whether sufficient health care providers, particularly physicians, will be available to meet that demand. Some argue there are too few physicians already; others say our current supply-demand problems lie with efficiency. But suppose both are correct? Perhaps the real challenge is to understand how the provision of health care services is changing in response to market forces such as payment changes, patients' expectations, provider distributions, and technology innovations. This issue brief revisits what is known about evolving practice organizations, professional …

State Of Utah, Plaintiff, Appellee, And Cross-Appellant, V. Frank J. Steed And Joan A. Steed, Defendants, Appellants, And Cross-Appellees, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third Judicial District Court, Salt Lake County, Utah Honorable Robin W. Reese, Presiding Consolidated Appeal 20141045-CA