endangered sounds: a sound project

2005 ◽  
Vol 10 (2) ◽  
pp. 149-162
Author(s):  
garth paine
Keyword(s):  
The United States ◽  
Corporate Identity ◽  
Noise Abatement ◽  
Acoustic Environment ◽  
Legal Standards ◽  
Specimen Tube ◽  
The Usa ◽  
The Law ◽  
Sound Dispersion ◽  
Private Domain

endangered sounds is a project that focuses on the exploration of sound marks (trade-marked sounds). the initial stage of this project was funded by arts victoria, and comprised legal searches that resulted in the listings of sound marks registered in australasia and the united states of america. this list was published on the internet with a call for volunteers to collect samples of the listed sounds internationally. the volunteer was sent a specimen tube with label and cap, and asked to collect the sound by placing the specimen tube close to the source (thereby capturing the air through which the sound travelled), securing the cap and then completing the label, documenting the time, place and nature of the sound (sound mark reg. no., sound mark description, time of capture, date of capture, location, etc.). these specimen tubes were collected and displayed in chemistry racks in the exhibition in the biennale of electronic arts, perth in 2004, illustrating the frequency and diversity of the environment into which these ‘private’, protected sounds have been released. the exhibition project consisted of:(1) a web portal listing all the sound marks listed in australasia and the usa, and negotiations are underway to expand that to include the eu.(2) a collection of sound marks in specimen tubes with caps and labels gathered internationally by people who volunteered to collect samples of sound marks in their environment.(3) a number of glass vacuum desiccator vessels containing a small loudspeaker and sound reproduction chip suspended in a vacuum, reproducing sound marks in the vacuum, notionally breaking the law, but as sound does not travel in a vacuum the gallery visitor hears no sound – what then is the jurisdiction of the sound mark?(4) a card index register of lost and deceased sounds.this project questions the legitimacy of privatising and protecting sounds that are released at random in public spaces. if i own a multi-million dollar penthouse in a city, and work night shifts, i have no recourse against the loud harley davidson or australian football league (afl) siren that wakes me from my precious sleep – both sounds are privately protected, making their recording, reproduction and broadcast illegal.while there are legal mechanisms for protection against repeat offenders, and many of us are committed to a culturally conditioned moral obligation re sound dispersion, there are no legal limits – i can call the police, but the football siren is already within legal standards and still permeates the private domain of city dwellings. the noise abatement legislation is only applicable to regular breaches of the law, and takes some time to sort out, but it does not apply to singular occurrences which, although within legislated limits, still disturb. additionally, the laws are based on amplitude and do not really address the issue of propagation. the ownership of the sound is not addressed in these legislative mechanisms – it should be; if the sound is an emblem of corporate identity, we should be able to choose not to be exposed to it, in the same way that we can place a ‘no junk mail’ sign on our letter boxes. acknowledgement of the private domain is sacrosanct in other areas of legislation, in fact heavily policed, but not addressed in discussions of the acoustic environment beyond amplitude limitations.

Third United Nations Conference on the Law of the Sea and the Ronald Reagan Administration in the United States

Istoriya ◽  
2021 ◽  
Vol 12 (11 (109)) ◽  
pp. 0
Author(s):  
German Gigolaev
Keyword(s):  
United States ◽  
United Nations ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
Law Of The Sea ◽  
White House ◽  
Draft Convention ◽  
The Usa ◽  
The Law

The USA, as well as the USSR, initiated the convocation of the III UN Conference on the Law of the Sea (1973—1982). However, after the Ronald Reagan administration came to the White House, American diplomacy significantly changed its policy toward the Conference, which eventually resulted in US refusal to support the draft Convention on the Law of the Sea, which was worked out during the Conference. This behavior was in line with policy course of the Reagan administration — more aggressive than that of their predecessors. The article considers the American policy regarding Law of the Sea negotiations in the first months of Reagan's presidency, during the Tenth Session of the III UNCLOS.

scholarly journals The Structure of Attempted Crimes: Cross Border Positions of India, U.S.A and the U.K

2019 ◽  
Vol 8 (3S2) ◽  
pp. 338-342
Keyword(s):  
Criminal Liability ◽  
Language Game ◽  
The United States ◽  
Personal Property ◽  
Legal Standards ◽  
The United Kingdom ◽  
Actual Harm ◽  
The Usa ◽  
The Individual ◽  
Universal Law

For engaging in a productive comparison among the jurisprudences of India, UK and the USA, a level of abstraction must be reached which makes possible the commensuration of the doctrinal discussion created in all these three contexts. In the sphere of the theory of criminal law, such a shared scheme of concept can be obtained in the extensively recognised difference among the three sets of legal standards or rules, which feasible for entering in the depth of the language game of attributing the basis of criminal liability. This article is an attempt at redefining the conception of attempted crimes, based on a logically oriented theory of standards which recognises the deficit of the wrongfulness of the behaviour imputable to the agent as its distinguishing spot. This type of offence imperfection is described as a dearth of complete performative similarity within the objective configuration of the behaviour of the agent and its value of decoration. A majority of the universal law crimes make the involvement of actual harm to property or person. For this reason, manslaughter, murder, mayhem, rape and robbery have the requirement of hurting to the individual whereas arson have the requirement of harm to real larceny and property, harm to personal property. In contrast to this, in some universal law, crimes might be carried out even though there is no harm except the threat of harm. Solicitation for committing a felony is a criminal act though the individual becomes failure in committing it. This article shall analyses the cases which relate to the different types of criminal attempts in the countries of India, the United Kingdom and the United States of America with reference to the criminal laws in the respective countries. The entire research shall be carried out assessing a total of almost ten to eleven cases of attempted crimes.

scholarly journals Features of training of police employee in the USA

2022 ◽  
pp. 97-106
Author(s):  
Ekaterina Sumina ◽  
Leonid Grischenko ◽  
Ekaterina Sepiashvili
Keyword(s):  
United States ◽  
Police Officers ◽  
Police Training ◽  
The United States ◽  
Thinking Skills ◽  
Critical Thinking Skills ◽  
Psychological Skills ◽  
The Usa ◽  
The Law ◽  
Internal Affairs

The complexities of modern policing require internal affairs agencies to expand the training opportunities for police officers to carry out the tasks assigned to internal affairs agencies. It is not enough to focus solely on the law or on perishable skills such as arrest and control; defensive tactics; driving; and firearms. This article discusses the experience of building and developing the psychological skills required by the United States police force. Police training in the United States focuses on developing the skills needed to deal with the modern challenges that arise in the performance of official tasks. Training involves building and developing skills such as cognitive, emotional, social and moral skills that can improve the condition of police officers, as well as foster relationships between police officers and members of the community. Trained police officers need to develop critical thinking skills, effective communication, and emotional intelligence. The presented article reveals professional competencies for police officers, graduates of the police academy, which were developed by the Law Enforcement Foundation in the United States (Ohio). It also discusses aspects of psychological screening developed by the California Commission on Peacekeeping Training Standards to Consider When Recruiting Police Officers. The authors emphasize that when training police officers in any country, it is necessary to pay special attention to the continuity between training and practical service activities of the police officer.

scholarly journals Comparative legal analysis types of administrative procedure

2020 ◽  
pp. 29-37
Author(s):  
O. Markova
Keyword(s):  
The United States ◽  
Legal Analysis ◽  
Administrative Procedure ◽  
Full Compliance ◽  
Foreign Countries ◽  
The Us ◽  
The Usa ◽  
Administrative Procedures ◽  
The Law ◽  
Administrative Proceedings

The author conducts a comparative legal study of the types of administrative procedure, using the experience of the United States, France and Poland in order to form a conceptual overview and a systematic approach to the typology of administrative procedure.The author monitors the procedural legislation of the above countries in order to consolidate the types of administrative procedure.In the course of research the author comes to conclusions, in particular: in the USA types of administrative procedure depend on type of rule-making. In accordance with the provisions of the US Federal Act “On Administrative Procedure” distinguish: formal rulemaking, informal, exclusive, hybrid and conciliatory. The approach of the Polish legislator to the types of administrative proceedings differs from the approach of the American legislator in a differentiated nature. The Code of Administrative Procedure reflects the general approach, as the types of proceedings presented in it cover the main activities of public administration bodies, and as for special – the legislator has provided for special regulation.In the legislation of many foreign countries, the general model of administrative procedure is fixed at the level of the Law or Code.As for the Ukrainian legislation, today, the Law “On Administrative Procedure” is absent, therefore, all procedures automatically become special. Details of various aspects of various types of administrative procedures take place both at the level of special laws and at the level of by-laws issued by other executive bodies. The list of these acts is so extensive and heterogeneous that there can be no question of the full compliance of the provisions embodied in them with each other. Moreover, such a variety obviously causes difficulties with the search for anapplicable norm for a private individual who is faced with a particular administrative procedure, and even for officials.The conducted comparative analysis of the species diversity of the administrative procedure will help us: firstly, to formulate a comprehensive vision and develop a unified approach, secondly, to rethink the conceptual framework within which the administrative procedure operates, and thirdly, it will provide an opportunity to introduce proposals into the project legislation.

scholarly journals Is ‘viability’ viable? Abortion, conceptual confusion and the law in England and Wales and the United States

2020 ◽  
Author(s):  
Elizabeth Chloe Romanis
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Access To Healthcare ◽  
England And Wales ◽  
The Usa ◽  
The Law ◽  
Conceptual Confusion

Abstract In this paper, I explore how viability, meaning the ability of the fetus to survive post-delivery, features in the law regulating abortion provision in England and Wales and the USA. I demonstrate that viability is formalized differently in the criminal law in England and Wales and the USA, such that it is quantified and defined differently. I consider how the law might be applied to the examples of artificial womb technology and anencephalic fetuses. I conclude that there is incoherence in the meaning of viability and argue that it is thus a conceptually illegitimate basis on which to ground abortion regulation. This is both because of the fluidity of the concept and because how it has been thus far understood in the law is unsupported by medical realities. Furthermore, it has the effect of heavily diluting pregnant people’s rights with overly moralistic limitations on access to healthcare.

scholarly journals THEORETIC AND LEGAL COMPARATIVE RESEARCH OF THE LEGAL NATURE OF A CORPORATE CONTRACT ON THE LAW OF FRANCE AND THE USA

2017 ◽  
pp. 69-74
Author(s):  
Ольга Терновая ◽  
Olga Tyernovaya ◽  
Светлана Соловьева ◽  
Svyetlana Solovyeva
Keyword(s):  
The United States ◽  
Profit Sharing ◽  
Legal Doctrine ◽  
Business Corporation ◽  
Legal Nature ◽  
The Usa ◽  
Contractual Relations ◽  
The Law ◽  
Anglo American ◽  
The Right

This article deals with theoretical and legal approaches and peculiarities of the regulation of corporate contract under the laws of France and USA. One of the factors that promoted the promulgation of the shareholders agreement was the participation of Anglo-American investors in French societies, which were more accustomed to contractual relations then to the use of rigidly fixed forms of joint-stock companies. Despite the fact that one of the aims of such agreements was an attempt to get rid of excessive publicright control, such contracts could never contradict the mandatory requirements of the law and the provisions of the company’s charter. In the United States legislative embodiment of the right of shareholders to enter into various types of agreements is carried out by laws regulating activities, the procedure of the establishment and management of Business Corporations. The content of a shareholders agreement and the right to participate in such agreement is regulated by the legal regime of corporation. The agreement between the members of close corporation de facto may change the provisions of corporation’s charter relating to corporate governance and profit sharing. All types of shareholders agreements, which could be concluded by the members of Business Corporation, are considered in the present article. State law that regulates contractual relations does not apply to shareholders agreements despite the legal doctrine view that corporations are of a contractual nature. The comparative analysis of the jurisprudence, legal doctrine and provisions of US and French legislation allows us to conclude that in the USA, unlike France, shareholders agreements are regulated by Corporate Law, not by the provisions of the Contract Law as it takes place in France.

scholarly journals JUDICIAL UNDERSTANDING OF THE RELIABILITY OF EYEWITNESS EVIDENCE: A TALE OF TWO CASES

2016 ◽  
Vol 19 ◽  
pp. 1
Author(s):  
Lirieka Meintjes
Keyword(s):  
South Africa ◽  
Supreme Court ◽  
Eyewitness Identification ◽  
Human Memory ◽  
The United States ◽  
Legal Standards ◽  
The Us ◽  
The Usa ◽  
Research Findings ◽  
Eyewitness Identifications

One of the most significant consequences of the use of post-conviction DNA testing in the criminal justice system has been the growing recognition that eyewitness identification testimony is simply not as reliable as it was previously considered to be. In approximately 75% of DNA exonerations in the United States, mistaken eyewitness identifications were the principal cause of wrongful convictions. Notwithstanding scientific advances regarding human memory and other factors that could influence identifications by eyewitnesses, courts have not shown eagerness in utilising such scientific knowledge in reaching legal decisions. Two cases have been chosen for discussion in this article. In S v Henderson 27 A 3d 872 (NJ 2011) the New Jersey Supreme Court was the first in State and Federal jurisdictions in the US that adopted a science-based approach to the evaluation of eyewitness evidence. The other case under discussion is S v Mdlongwa 2010 2 SACR 419 (SCA),a South African Supreme Court of Appeal judgment, where the identification of the perpetrator was based on an eyewitness account and the evidence of an expert on CCTV images. In part one of this article the research findings with regard to estimator variables that were acknowledged in S v Henderson are discussed. Part two specifically scrutinizes S v Mdlongwa to determine the extent to which psychological eyewitness research findings are recognised in South Africa as having an influence on the reliability of eyewitness evidence. In Henderson the court recognised that the legal standards governing the admissibility and use of identification evidence lagged far behind the findings of numerous studies in the social sciences. The new wave introduced by S v Henderson has not gone unnoticed in other State courts in the USA. In Massachusetts, for example, the Justices of the Supreme Judicial Court convened a study group on Eyewitness Evidence and the resulting report inter alia recommended judicial notice of modern psychological principles, revised jury eyewitness identification instructions and continuous education of both judges and lawyers. Recognition and education pertaining to these factors can and should be incorporated in South Africa.

scholarly journals Conditions for copyright protection in the law of the United States of America

2021 ◽  
pp. 105-117
Author(s):  
Milica Petrović
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
The Public ◽  
Marginalized Groups ◽  
Common Causes ◽  
Bern Convention ◽  
The Usa ◽  
The Law ◽  
American Society

This paper analyzes various conditions that one spiritual creation must provide in order to be considered an author's work, according to the law of the United States of America. Apart from the peculiarities that are the result of the Anglo-Saxon concept of copyright, there are other specifics such as the special, constitutionally provided, purpose of copyright in promoting learning, preserving the public domain and protecting copyright. Based on the provisions of the Federal Copyright Act (17 U.S.C.) and examples from the case law, the author explains how the originality of a work is interpreted, how the condition that the work must embody in a materialized medium is regulated and what are the typical types of copyrighted works. In addition, the author explains the main differences when it comes to American Copyright system and how the concept of registration is viewed, after the ratification of the Bern Convention, which is one of the most common causes of the problem of protection of works whose right holders are unknown, which is extremely notable when speaking of the protection of cultural heritage of marginalized groups in American society. The paper aims to point out the similarities and differences between the copyright of the USA and the law of the continental legal system in terms of the conditions for the protection of copyright works.

scholarly journals A Comparative Overview of the (Sometimes Uneasy) Relationship between Digital Information and Certain Legal Fields in South Africa and Uganda

2017 ◽  
Vol 17 (1) ◽  
pp. 326
Author(s):  
Dana Van der Merwe
Keyword(s):  
South Africa ◽  
Present Article ◽  
The United States ◽  
United States Government ◽  
Executive Power ◽  
Digital Information ◽  
International Treaties ◽  
The Usa ◽  
The Law ◽  
The Government

The present article focuses on the (sometimes problematic) relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, and these rules are now under considerable strain to adapt. Digital information is rapidly becoming one of the 21st Century’s most valuable assets. This raises the question as to whether or not the law is able to adequately protect this phenomenon against the many attacks being launched against it. The present article analyses certain legal fields in this regard, namely privacy, criminal law, and the law of evidence. The world seems suddenly to have woken up to the fact that digital technology might be a mixed blessing, especially as is shown by certain recent incidents relating to privacy in the USA. In order to obtain an “Africa perspective” the legal situation in South Africa is compared to that in Uganda (East Africa) against a background of multilateral treaties that might apply in this regard.An important point to keep in mind while weighing up legal interests is whether the State may attempt to be both neutral umpire (by means of its judicial power) as well as one of the players who want to win (as the executive power, when government information is at stake). A number of recent incidents in which the United States government has been involved seem to indicate that this attempt to sit on two stools at the same time is likely to diminish respect for the government (and its regulatory efforts) amongst the general population. A specific problem with enforcement consists of the international nature of infringements. The Internet knows no borders and this factor suggests that effective international co-operation is an essential prerequisite for the law to function adequately in an international context. The concluding of International treaties between groupings of countries is put forward as perhaps the most effective solution in this regard.

Emigrant Psychoanalysts in the USA and the FBI Archives

2004 ◽  
Vol 6 (1) ◽  
pp. 75-92 ◽  
Author(s):  
James E. Goggin
Keyword(s):  
United States ◽  
Civil Rights ◽  
National Socialism ◽  
Cultural Context ◽  
Due Process ◽  
The United States ◽  
External Threats ◽  
The Usa ◽  
The Rich ◽  
New Nation

Interest in the fate of the German psychoanalysts who had to flee Hitler's Germany and find refuge in a new nation, such as the United States, has increased. The ‘émigré research’ shows that several themes recur: (1) the theme of ‘loss’ of one's culture, homeland, language, and family; and (2) the ambiva-lent welcome these émigrés received in their new country. We describe the political-social-cultural context that existed in the United States during the 1930s, 1940s and 1950s. Documentary evidence found in the FBI files of three émigré psychoanalysts, Clara Happel, Martin Grotjahn, and Otto Fenichel, are then presented in combination with other source material. This provides a provisional impression of how each of these three individuals experienced their emigration. As such, it gives us elements of a history. The FBI documents suggest that the American atmosphere of political insecurity and fear-based ethnocentric nationalism may have reinforced their old fears of National Socialism, and contributed to their inclination to inhibit or seal off parts of them-selves and their personal histories in order to adapt to their new home and become Americanized. They abandoned the rich social, cultural, political tradition that was part of European psychoanalysis. Finally, we look at these elements of a history in order to ask a larger question about the appropriate balance between a liberal democratic government's right to protect itself from internal and external threats on the one hand, or crossover into the blatant invasion of civil rights and due process on the other.

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