Legal Risks of Migration and Legal Risk-Balancing Strategies

2012 ◽  
pp. 105-136
Keyword(s):  
Legal Risk ◽  
Legal Risks

scholarly journals Risks and Prices: The Role of User Sanctions in Marijuana Markets

2010 ◽  
Vol 10 (1) ◽  
Author(s):  
Rosalie Liccardo Pacula ◽  
Beau Kilmer ◽  
Michael Grossman ◽  
Frank J Chaloupka
Keyword(s):  
Drug Markets ◽  
Ceteris Paribus ◽  
Legal Risk ◽  
Drug Prices ◽  
Policy Debates ◽  
Legal Risks ◽  
Level Information ◽  
Short Run ◽  
The Impact

Abstract User sanctions influence the legal risk for consumers who engage in illegal drug markets. If a reduction in user sanctions leads to an increase in consumption, drug prices will rise unless supply is perfectly elastic. In equilibrium, a change in consumption associated with decreasing user sanctions could be relatively small if supply is upward sloping. Using a novel dataset with rich transaction-level information, this paper evaluates the impact of recent changes in user sanctions for marijuana on marijuana prices. The results suggest that lower legal risks for users are associated with higher marijuana prices in the short-run, which ceteris paribus, implies an upward sloping supply curve, higher consumption, and higher profits for drug dealers. The findings have important implications for the current policy debates regarding decriminalization of marijuana.

Physician alert: the legal risks associated with ‘on-call’ duties in the USA

2018 ◽  
Vol 94 (1113) ◽  
pp. 411-414
Author(s):  
Zachary R Paterick ◽  
Nachiket J Patel ◽  
Timothy Edward Paterick
Keyword(s):  
Informed Consent ◽  
Medical Treatment ◽  
Patient Care ◽  
Patient Relationship ◽  
Risk Of Falling ◽  
Best Interest ◽  
Legal Risk ◽  
Legal Risks ◽  
The Usa ◽  
Legal Concepts

On-call physicians encounter a diverse aggregate of interfaces with sundry persons concerning patient care that may surface potential legal peril. The duties and obligations of an on-call physician, who must act as a fiduciary to all patients, create a myriad of circumstances where there is a risk of falling prey to legal ambiguities. The understanding of the doctor–patient relationship, the obligations of physicians under the Emergency Medical Treatment and Labor Act, the meaning of medical informed consent and the elements of negligence will help physicians avoid the legal risk associated with the various encounters of being on call. After introducing the legal concepts, we will explore the interactions that may put physicians at legal risk and outline how to mitigate that risk. Being on call is time consuming and arduous. While on call, physicians have a duty to act morally and ethically in the best interest of the patients.

scholarly journals Legal Consequences for the Execution of Foreclosed Collateral (AYDA), Both for the Ownership of Collateral and for the Bank

2019 ◽  
Vol 6 (10) ◽  
pp. 124
Author(s):  
Defrianta Sukirman ◽  
Kurnia Warman ◽  
Ulfanora Ulfanora
Keyword(s):  
Low Income ◽  
Financial Services ◽  
Financial Institution ◽  
Islamic Banking ◽  
Minimum Level ◽  
Legal Risk ◽  
Legal Risks ◽  
The Republic ◽  
Legal Sociology ◽  
Legal Consequences

As a sharia financial institution that carries out the intermediation function, Islamic banking has a risk of financing problems. This problematic financing does not only have an impact on the low income as a business institution, and ultimately results in the soundness of the bank. Settlement of problem financing is always sought in an efficient and effective way, with a minimum level of legal risk. This settlement effort is certainly inseparable from the provisions of the Islamic banking law, the the mortgages Act and the regulations of the financial services authority. One of the efforts to resolve the problematic financing allowed by the sharia banking law, and the regulation of the financial services authority is the Foreclosed Collateral (AYDA), even though this effort is contrary to the provisions of the mortgages Act. The problems in this thesis are four, namely first, the process of binding financing that is burdened with mortgagerights at PT. Bank Syariah Bukopin, Bukittinggi Branch. Secondly, the debt settlement process in financing encumbered with Foreclosed Collateral(AYDA) at PT. Bank Syariah Bukopin, Bukittinggi Branch. Third, concerning the legal consequences of the Foreclosed Collateral (AYDA), both for the ownership of collateral and for the Bank. Fourth, regarding the realization of the sale of Foreclosed Collateral (AYDA). This thesis research uses a sociological juridical research method, which moves from the existence of norm conflicts between laws and regulations related to efforts to resolve problematic financing by means of Foreclosed Collateral (AYDA), including its implementation at PT. Bank Syariah Bukopin, Bukittinggi Branch. The approach in legal sociology research, using the legislative approach and implementation practices, is carried out by reviewing and analyzing regulations regarding AYDA and implementation and the legal consequences of AYDA implementation. The results of the study indicate that the implementation of the AYDA is contrary to the mortgages Act and has legal risks in the form of null and void. For this reason, it is recommended that the implementation of the AYDA be avoided and steps taken to adjust the applicable provisions. This is to avoid not only legal risk for banks and customers as executors of existing regulations, but also to ensure the certainty and effectiveness of the laws that apply in the Republic of Indonesia.

A LEGAL OVERVIEW OF CLEANUP OPERATIONS

1979 ◽  
Vol 1979 (1) ◽  
pp. 75-77
Author(s):  
James A. Evans
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Common Elements ◽  
Legal Risk ◽  
Legal Risks ◽  
The Law ◽  
The Government ◽  
Legal Forms

ABSTRACT Who must act when an oil spill occurs? What are the legal risks involved? The government can act to clean up a spill. What are the incentives to have owners clean up? What happens if an owner cleans up someone else's oil; can the costs be recovered? What is an oil spill cooperative? What legal forms do they take? There are a number of common elements in most cooperatives. What reliance is placed on oil spill cooperatives under the law? What is the legal risk when oil spill cooperatives are used? What are the combined powers of landlord and government when oil spills are involved? All the powers of government and landlord are brought together. The law and regulations are pervasive. What are the obligations when an oil spill occurs onshore?

Legal risks and ways to minimize them in the implementation of the Federal Law of November 21, 2011, No. 323-FZ "On the Basics of Protecting the Health of Citizens in the Russian Federation", in the aspect of the legal value of medical documentation

2021 ◽  
Vol 87 (1) ◽  
pp. 13-16
Author(s):  
M.G. Sveredyuk ◽  
Keyword(s):  
Public Health ◽  
Medical Documentation ◽  
Federal Law ◽  
Legal Risk ◽  
Legal Norms ◽  
Judicial Practice ◽  
System A ◽  
Risk Management System ◽  
Legal Risks ◽  
The Russian Federation

The article describes the issues of legal risks arising from the implementation of legislation on the protection of public health. The conclusion is made about the expediency of forming a legal risk management system. A model of this system is proposed. On the example of the analysis of legal norms and judicial practice, the factors contributing to the emergence of medico-legal risks are shown, recommendations are made to minimize the risk phenomena.

Part VII Characteristics of Legal Risk, 24 Sources of Legal Risk

2018 ◽  
Author(s):  
Mccormick Roger ◽  
Stears Chris
Keyword(s):  
Financial Markets ◽  
Financial Institutions ◽  
Soft Law ◽  
Law And Finance ◽  
Legal Risk ◽  
Legal Advice ◽  
Cross Border ◽  
Legal Risks ◽  
Judicial Reasoning ◽  
The Law

This chapter considers the various sources of legal risk. Understanding the sources of legal risk is at least as important as understanding the component parts of a detailed definition. Only in this way can we understand why legal risks arise in the first place. Developing such an understanding is crucial to designing systems and procedures intended to manage the risks. The sources of legal risk include the behaviour of financial institutions (i.e. limited legal awareness, failure to implement legal advice, exploiting the letter of the law, and outsourcing), the nature of financial markets (i.e. financial innovation, new market sectors and convergence, and cross-border business), problems with the law (i.e. bad law, policy concerns, inaccessible law, and unpredictable judicial reasoning), and the interaction of law and finance (i.e. hard and soft law, interaction of soft law and consumerism, and globalization).

scholarly journals Sports Medicine Delivery Models: Legal Risks

2019 ◽  
Vol 54 (12) ◽  
pp. 1237-1240 ◽  
Author(s):  
Geoffrey Christopher Rapp ◽  
Christopher D. Ingersoll
Keyword(s):  
Sports Medicine ◽  
Student Athletes ◽  
Medical Model ◽  
Educational Institutions ◽  
Legal Risk ◽  
Delivery Model ◽  
Legal Risks ◽  
Delivery Models

Educational institutions sponsoring competitive athletics may use an athletics model, academic model, or medical model for delivery of sports medicine to student-athletes. Four types of legal risk are considered for these 3 models: litigation, contract, regulatory, and structural. The athletics model presents the greatest legal risk to institutions, whereas the medical model presents the least legal risk. Institutional administrators should consider these risks when selecting or maintaining a delivery model for sports medicine.

scholarly journals PERSPECTIVE OF RESEARCH AND KNOWLEDGE OF RISKS IN LAW

2020 ◽  
Vol 6 (3) ◽  
pp. 14-18
Author(s):  
E. O. Paulova
Keyword(s):  
Modern Science ◽  
Soft Law ◽  
Mutual Exchange ◽  
Legal Risk ◽  
Illegal Behavior ◽  
Legal Risks ◽  
Principle Of Justice ◽  
Points Of View

The purpose of the article is to analyze the existing points of view regarding the concept and essence of risk in law, highlighting the vector of further prospects for the study of legal risks. To achieve this goal, the opinions of scientists are given in the context of the concept of legal risk, the conditions for the existence of risk in law are identifi ed, and the correlation of legal risk with the principle of justice is carried out. The emphasis is made on the need to apply the principle of justice and legality in the theory of legal risk. This article discusses the problem of a narrow approach to legal risk as a probable and possible occurrence of adverse consequences. It is concluded that legal risk can be assessed as a catalyst for the development and improvement of a particular area of law. This is explained in terms of soft law, as well as the fl exibility of modern science, striving for multidisciplinarity. In addition, the article analyzes the likelihood of using legal risk, excluding illegal behavior. It also substantiates the need for mutual exchange of experience in the field of research of legal risks with foreign colleagues in order to create a unified and multifaceted concept of legal risk.

scholarly journals PENANGANAN RISIKO HUKUM PEMBIAYAAN DI BANK SYARIAH

Yuridika ◽  
2014 ◽  
Vol 29 (1) ◽  
Author(s):  
Trisadini Prasastinah Usanti
Keyword(s):  
Legal Issue ◽  
Islamic Banks ◽  
Business Risk ◽  
Conceptual Approach ◽  
Legal Risk ◽  
Legal Risks

The most of the assets of syariah banks are financing. On one side it is the largest source of income. however it could be the source of the greatest business risk as well. Therefore, quality of the financing must be protected and kept feasible. The legal issue analyzed in this article is about the efforts being made by Islamic banks to handle legal risks arising from financing. The approach used is the statute approach and conceptual approach. The efforts made by syariah banks in dealing with risk law financing based on two strategies, namely the restructuring of financing or settlement of financing problem.Keywords: legal risk, financing, syariah bank.

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