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2016

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Articles 271 - 300 of 15271

Full-Text Articles in Law

Telemedicine Against The Background Of Polish Legal Rules - Opportunity Or Threat?, Monika Chojecka, Adam Nowak Dec 2016

Telemedicine Against The Background Of Polish Legal Rules - Opportunity Or Threat?, Monika Chojecka, Adam Nowak

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

Modern technology found in the diagnostic and treatment process of patients can be the future of medicine. This so-called “telemedicine” is also an important legislative issue. The article analyzes legal rules which are the cornerstone of this field in the Polish legal system. Special attention is placed on recent works devoted to the creation by the legislator of a new approach to the legal framework for telemedicine. The paper also contains an assessment of the effectiveness of the func-tioning of these legal solutions.

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Seller’S Liability For A Hazardous Product Brought By Him Into Poland From Another Eu Member State – Doubts Arising From Cases Relating To Medical Devices, Ewa Rutkowska, Barbara Trabszys Dec 2016

Seller’S Liability For A Hazardous Product Brought By Him Into Poland From Another Eu Member State – Doubts Arising From Cases Relating To Medical Devices, Ewa Rutkowska, Barbara Trabszys

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

The article presents the problem of the incompatibility of the manner of the implementation of the term ‘importer’ into Polish law with respect to the issue of liability for a hazardous product with the provisions of Directive 374/85, and the problems which arise as a result with regard to liability of sellers bringing a product into Poland from another EU Member State. The article provides a proposal for the interpretation of the term ‘importer’ under Article 4495 § 2 of the Civil Code, until the necessary legislative change is made that would ensure the compliance of the Polish law with …

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Consequences Of The New Reimbursement Act For Patients And The Public Payer, Józef Haczyński, Zofia Skrzypczak Dec 2016

Consequences Of The New Reimbursement Act For Patients And The Public Payer, Józef Haczyński, Zofia Skrzypczak

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

The Act on the Reimbursement of Medicines, Foodstuffs Intended for Particular Nutritional Uses and Medical Devices came into force on 1 January 2012. Its purpose was to transform the Polish medicine reimbursement so that the available public funds corresponded as closely as possible to the current social needs in the supply of refunded products. The consequence of the new reimbursement act – experienced painfully by patients - was a decrease in the share of reimbursement (and thus increase in patients’ contribution) in the value of the purchased medicine on prescription (Rx).

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Limitations Of Internet Sales Of Otc Veterinary Medicinal Products, Magdalena Bąkowska Dec 2016

Limitations Of Internet Sales Of Otc Veterinary Medicinal Products, Magdalena Bąkowska

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

The article presents binding legal provisions on the retail distribution and mail-order sales of veteri-nary medicinal products, which are the basis of the interpretations used by the Polish veterinary inspection and administrative courts whereby Internet sales of OTC veterinary medicinal products are not allowed under Polish law. The paper presents the legal background of this issue in order to assess the correctness of existing jurisprudence in this case. Additionally, the article comments on the expected changes to existing law in this field drafted at the EU level.

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Dispute About Homeopathy (Or Who Rules The Market?), Jarosław Sroczyński Dec 2016

Dispute About Homeopathy (Or Who Rules The Market?), Jarosław Sroczyński

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

The article discusses the effects of rulings issued by the Court of Competition and Consumer Protection (SOKiK) and the Court of Appeal concerning homeopathy upon the scope of the powers of medical self-government to regulate markets. The author provides an analysis of these powers on the basis of competition law, since the latter intersects with pharmaceutical law and laws regulating the professional activities of doctors. The author draws attention to the fact that depriving the competition authority – the UOKiK President – of the power to scrutinize the activities of professional self-government bodies may lead to adverse effects for competition …

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System Of Fixed Prices For The Sale Of Prescription-Only Medicinal Products For Human Use By Phar-Macies As A Measure Having Equivalent Effect To A Quantitative Restriction On Imports. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 19 October 2016 In Case C 148/15: Deutsche Parkinson Vereinigung Ev V. Zentrale Zur Bekämpfung Unlauteren Wettbewerbs Ev, Tomasz Kaźmierczak Dec 2016

System Of Fixed Prices For The Sale Of Prescription-Only Medicinal Products For Human Use By Phar-Macies As A Measure Having Equivalent Effect To A Quantitative Restriction On Imports. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 19 October 2016 In Case C 148/15: Deutsche Parkinson Vereinigung Ev V. Zentrale Zur Bekämpfung Unlauteren Wettbewerbs Ev, Tomasz Kaźmierczak

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

No abstract provided.

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Pay-For-Delay Agreements As “By Object” Violations Of Competition Law. Case Comment To The Judgment Of The General Court Of 8 September 2016 In Case T-472/13 H. Lundbeck A/S And Lundbeck Ltd V. European Commission, Paulina Wosik Dec 2016

Pay-For-Delay Agreements As “By Object” Violations Of Competition Law. Case Comment To The Judgment Of The General Court Of 8 September 2016 In Case T-472/13 H. Lundbeck A/S And Lundbeck Ltd V. European Commission, Paulina Wosik

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

No abstract provided.

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Anti-Competitive Agreement Between Undertakings On The Domestic Market Of In-Vitro Fertilization Services. Case Comment To The Decision Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) No. Rlo 4/2016 Of 1 September 2016, Emilia Kasjanowicz Dec 2016

Anti-Competitive Agreement Between Undertakings On The Domestic Market Of In-Vitro Fertilization Services. Case Comment To The Decision Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) No. Rlo 4/2016 Of 1 September 2016, Emilia Kasjanowicz

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

Anti-competitive agreement between undertakings on the domestic market of in-vitro fertilization services. Case comment to the decision of the President of the Office of Competition and Consumer Protection (UOKiK) No. RLO 4/2016 of 1 September 2016

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Institutions Of The Pharmaceutical Market, Ed. R. Stankiewicz, Wolters Kluwer, Warsaw 2016, Tadeusz Skoczny Dec 2016

Institutions Of The Pharmaceutical Market, Ed. R. Stankiewicz, Wolters Kluwer, Warsaw 2016, Tadeusz Skoczny

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

No abstract provided.

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Rafał Stankiewicz, Krajowe Systemy Ochrony Zdrowia A Unia Europejska. Przykład Polski [National Healthcare Systems Vs. The European Union. The Polish Example] Wyd. Wolters Kluwer, Warszawa 2016, Ss. 455 (Mirosław Pawełczyk)., Mirosław Pawełczyk Dec 2016

Rafał Stankiewicz, Krajowe Systemy Ochrony Zdrowia A Unia Europejska. Przykład Polski [National Healthcare Systems Vs. The European Union. The Polish Example] Wyd. Wolters Kluwer, Warszawa 2016, Ss. 455 (Mirosław Pawełczyk)., Mirosław Pawełczyk

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

No abstract provided.

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Competition And Regulation In Dinamically Growing Sector Of Life Sciences, Marcin Kolasiński, Tadeusz Skoczny Dec 2016

Competition And Regulation In Dinamically Growing Sector Of Life Sciences, Marcin Kolasiński, Tadeusz Skoczny

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

From Volume Editors

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Leveraging The Windows Amcache.Hve File In Forensic Investigations, Bhupendra Singh, Upasna Singh Dec 2016

Leveraging The Windows Amcache.Hve File In Forensic Investigations, Bhupendra Singh, Upasna Singh

Journal of Digital Forensics, Security and Law

The Amcache.hve is a registry hive file that is created by Microsoft® Windows® to store the information related to execution of programs. This paper highlights the evidential potential of Amcache.hve file and its application in the area of user activity analysis. The study uncovers numerous artifacts retained in Amcache.hve file when a user performs certain actions such as running host-based applications, installation of new applications, or running portable applications from external devices. The results of experiments demonstrate that Amcache.hve file stores intriguing artifacts related to applications such as timestamps of creation and last modification of any application; name, description, publisher …

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Back Matter Dec 2016

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

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Bloom Filters Optimized Wu-Manber For Intrusion Detection, Monther Aldwairi, Koloud Al-Khamaiseh, Fatima Alharbi, Babar Shah Dec 2016

Bloom Filters Optimized Wu-Manber For Intrusion Detection, Monther Aldwairi, Koloud Al-Khamaiseh, Fatima Alharbi, Babar Shah

Journal of Digital Forensics, Security and Law

With increasing number and severity of attacks, monitoring ingress and egress network traffic is becoming essential everyday task. Intrusion detection systems are the main tools for capturing and searching network traffic for potential harm. Signature-based intrusion detection systems are the most widely used, and they simply use a pattern matching algorithms to locate attack signatures in intercepted network traffic. Pattern matching algorithms are very expensive in terms of running time and memory usage, leaving intrusion detection systems unable to detect attacks in real-time. We propose a Bloom filters optimized Wu-Manber pattern matching algorithm to speed up intrusion detection. The Bloom …

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The Impact Of Sha-1 File Hash Collisions On Digital Forensic Imaging: A Follow-Up Experiment, Gary C. Kessler Dec 2016

The Impact Of Sha-1 File Hash Collisions On Digital Forensic Imaging: A Follow-Up Experiment, Gary C. Kessler

Journal of Digital Forensics, Security and Law

A previous paper described an experiment showing that Message Digest 5 (MD5) hash collisions of files have no impact on integrity verification in the forensic imaging process. This paper describes a similar experiment applied when two files have a Secure Hash Algorithm (SHA-1) collision.

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The 2016 Analysis Of Information Remaining On Computer Hard Disks Offered For Sale On The Second Hand Market In The Uae, Thomas Martin, Andy Jones, Mohammed Alzaabi Dec 2016

The 2016 Analysis Of Information Remaining On Computer Hard Disks Offered For Sale On The Second Hand Market In The Uae, Thomas Martin, Andy Jones, Mohammed Alzaabi

Journal of Digital Forensics, Security and Law

This research describes our survey of data remaining on computer hard disks sold on the second hand market in the United Arab Emirates (UAE). This is a repetition of the first survey conducted in 2012 (Jones, Martin, & Alzaabi, 2012). Similar studies have been carried over the last ten years in the United Kingdom, Australia, USA, Germany and France: (Jones, Mee, Meyler, & Gooch, 2005), (Jones, Valli, Sutherland, & Thomas, 2006), (Jones, Valli, Dardick, & Sutherland, 2008), (Jones, Valli, Dardick, & Sutherland, 2009). This research was undertaken to gain insight into the volumes of data found on second-hand disks purchased …

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A Survey Of Social Network Forensics, Umit Karabiyik, Muhammed Abdullah Canbaz, Ahmet Aksoy, Tayfun Tuna, Esra Akbas, Bilal Gonen, Ramazan S. Aygun Dec 2016

A Survey Of Social Network Forensics, Umit Karabiyik, Muhammed Abdullah Canbaz, Ahmet Aksoy, Tayfun Tuna, Esra Akbas, Bilal Gonen, Ramazan S. Aygun

Journal of Digital Forensics, Security and Law

Social networks in any form, specifically online social networks (OSNs), are becoming a part of our everyday life in this new millennium especially with the advanced and simple communication technologies through easily accessible devices such as smartphones and tablets. The data generated through the use of these technologies need to be analyzed for forensic purposes when criminal and terrorist activities are involved. In order to deal with the forensic implications of social networks, current research on both digital forensics and social networks need to be incorporated and understood. This will help digital forensics investigators to predict, detect and even prevent …

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Table Of Contents Dec 2016

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan Dec 2016

Are You Wo(Man) Enough To Get Married?, Tiurma M. P. Allagan

Indonesia Law Review

The Indonesian Marriage Law states that marriage is a physical and spiritual relationship between a man and a woman as husband and wife in order to create an eternal happy family based on the Almighty God. This definition reflects that marriages in Indonesia must be between heterosexual couples. However, a question appears as to whether a man or a woman mentioned thereof includes a man and a woman who were hermaphrodite, intersex, or nowadays known as a person with Disorder of Sexual Development (DSD)? The case of AH whereby his marriage was cancelled by the Supreme Court in 2014 for …

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The Hostile Poison Pill, A. Christine Hurt Dec 2016

The Hostile Poison Pill, A. Christine Hurt

Faculty Scholarship

No abstract provided.

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R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni Dec 2016

R&D Tax Incentives--Growth Panacea Or Budget Trojan Horse?, Stephen E. Shay, J. Clifton Fleming Jr., Robert J. Peroni

Faculty Scholarship

No abstract provided.

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Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay Dec 2016

Two Cheers For The Foreign Tax Credit, Even In The Beps Era, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

Faculty Scholarship

Reform of the U.S. international income taxation system has been a hotly debated topic for many years. The principal competing alternatives are a territorial or exemption system and a worldwide system. For reasons summarized in this article, we favor worldwide taxation if it is real worldwide taxation – i.e., a non-deferred U.S. tax is imposed on all foreign income of U.S. residents at the time the income in earned. This approach is not acceptable, however, unless the resulting double taxation is alleviated. The longstanding U.S. approach for handling the international double taxation problem is a foreign tax credit limited to …

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Micro-Meso-Macro Comparative Law: An Essay On The Methodology Of Comparative Law, Alessandro Romano Dec 2016

Micro-Meso-Macro Comparative Law: An Essay On The Methodology Of Comparative Law, Alessandro Romano

Chicago-Kent Journal of International and Comparative Law

There are strong analogies between the quest for a methodology of comparative law and the broader debate on the epistemology of social and natural sciences. In this vein, after having explored the dispute between holists and reductionists, I argue that the dichotomy between micro and macro comparative law ought to be abandoned. Building on the insights of social theory, I introduce a specific framework to bridge the two levels of enquiry through a meso analysis. This framework is applied to investigate the robustness of the findings of the legal origin theory.

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Global Protection Of Free Speech Rights For American Journalists: Admirable Or Overkill?, Kelsey Bates Dec 2016

Global Protection Of Free Speech Rights For American Journalists: Admirable Or Overkill?, Kelsey Bates

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

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Piercing The Corporate Veil Us Lessons From Romania And Slovakia, Alexandra Horvathova, Catalin Gabriel Stanescu Dec 2016

Piercing The Corporate Veil Us Lessons From Romania And Slovakia, Alexandra Horvathova, Catalin Gabriel Stanescu

Chicago-Kent Journal of International and Comparative Law

This article describes and analyzes the doctrine of piercing the corporate veil in various jurisdictions across the world. First, it introduces the development and history of this doctrine in the United States - the jurisdiction, which has nurtured this legal concept for several centuries. Second, it analyzes its possible implementation within two chosen jurisdictions in Central and Eastern Europe: Romania and Slovakia. The authors’ aim is to assess their home jurisdictions and examine whether these jurisdictions apply the doctrine, if so, then in which form and to what extent. The authors analyze different areas of their respective legal systems - …

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Reigning In A Rogue: Achieving And Drafting A North Korean Nuclear Deal, James Williams Dec 2016

Reigning In A Rogue: Achieving And Drafting A North Korean Nuclear Deal, James Williams

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

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Table Of Contents Dec 2016

Table Of Contents

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

Table of contents

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Espaktasi Pengelolaan Tanah Terlantar Oleh Baitul Mal Dalam Peningkatan Kesejahteraan Masyarakat, Zaki Ulya Dec 2016

Espaktasi Pengelolaan Tanah Terlantar Oleh Baitul Mal Dalam Peningkatan Kesejahteraan Masyarakat, Zaki Ulya

Jurnal Hukum & Pembangunan

Baitul Mal is an institution that is authorized as property manager religion formed on the basis of specificity Aceh in implementing Islamic law. Baitul Mal authority in managing the wealth of religion stipulated in Qanun No. 10 of 2007 about Baitul Mal, where one authority Baitul Mal is managing the property / land owners and their heirs abandoned. Abandoned land owners and their Heirs applicable reference to the provisions referred to as a wasteland controlled by the state. In deed the management of abandoned land intended to improve the welfare of the community, which can be managed by the Baitul …

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Peran Penegakan Hukum Dalam Pembangunan Ekonomi, - Sukardi Dec 2016

Peran Penegakan Hukum Dalam Pembangunan Ekonomi, - Sukardi

Jurnal Hukum & Pembangunan

Economics is the backbone of the people's welfare, and science are the pillars supporting the nation's progress, but the law is the institution that ultimately determine how the public welfare can be enjoyed equitably, as well as how social justice can be realized in people's lives, and how progress of science and technology can bring progress for the people. In essence, the rule of law to support the transformation of SOEs (State-owned enterprises) as a locomotive driver of the national economy, especially in its role of guarding the whole process of public finance management and the area is clean and …

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Adopsi Prinsip Permanent Sovereignty Over Natural Resources (Psnr) Migas, Cut Asmaul Husna Tr Dec 2016

Adopsi Prinsip Permanent Sovereignty Over Natural Resources (Psnr) Migas, Cut Asmaul Husna Tr

Jurnal Hukum & Pembangunan

The specificity of the setting investment in upstream oil and gas consequences of role of the state that is large enough. This is because the upstream oil and gas sector requires capital investment costs are relatively large; high risk, the use of advanced technology and trained human resources. However, investment in upstream oil and gas sector also gives a great advantage. Therefore, oil and gas producing countries seek to maximize the full control over the affairs of operations, production, management, and marketing. It is supported by the United Nations General Assembly Resolution (UN) No. 2158 (XXI) of 25 November 1966 …

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