The Legal Position of Children in Suspected Cases of CAN: What a Legal Framework Can Do

2008 ◽  
Author(s):  
Bert van Puyenbroeck ◽  
Ariane van den Berghe
Keyword(s):  
Legal Framework ◽  
Legal Position

Jurisdiktionskonflikte im Rahmen transnationaler Kriminalität

2019 ◽  
Author(s):  
Nathalie Isabelle Thorhauer
Keyword(s):  
Criminal Law ◽  
Legal Framework ◽  
Frankfurt Am Main ◽  
Ne Bis In Idem ◽  
Current Reform ◽  
Legal Position ◽  
Liberal Approach ◽  
The Individual ◽  
Conflicts Of Jurisdiction ◽  
The Eu

The thesis examines states’ prosecutorial powers in regard to cross-border criminal acts of natural persons and companies, as well as the problems of conflicts of jurisdiction resulting from the parallel applicability of the criminal law of multiple states. It focuses on the individual legal position of the accused and norm addressee, who, in a globalised economy and society, needs to be able to distinguish right from wrong. The ne bis in idem and other mechanisms fail in an “Area of Freedom, Security and Justice” where certain normative standards require overcoming the lack of foreseeability of the applicable substantive and procedural criminal law and to eliminate leeway for arbitrary considerations of the executive (forum shopping). The work meets this demand with a transparent legal framework for the coordination of prosecutorial powers within the EU that takes a liberal approach and is based on fundamental principles of the rule of law. It deals with basic issues of the transnational scope of corporate criminal law, which should be considered in the current reform discourse. The author is a lawyer specialising in white-collar criminal law in Frankfurt am Main.

The Rights of People with an Intellectual Disability in the Netherlands: From Restriction to Development

2007 ◽  
Vol 14 (2) ◽  
pp. 149-163
Author(s):  
Keyword(s):  
Intellectual Disability ◽  
Psychiatric Hospitals ◽  
Legal Framework ◽  
Self Determination ◽  
Health Law ◽  
Care Providers ◽  
Good Care ◽  
Right To Development ◽  
Legal Position ◽  
The Right

AbstractThe purpose of this article is to discuss whether the right to self-determination 1 is the only and the best principle in health law for care providers to support their clients with an intellectual disability, or whether other principles such as the right to development, the right to good care and the right to protection might lead to a better protection of the rights of clients in this field of care. The right to self-determination is the central principle in the Dutch Psychiatric Hospitals (Compulsory Admissions) Act, which at times seems less than beneficial to the legal position of persons with an intellectual disability. The question is whether a new (alternative) legal framework, in which the focus shifts to the right to good care and the right to development, might improve the legal position of people with an intellectual disability.

scholarly journals Equal Protection Under Algorithms: A New Statistical and Legal Framework

2020 ◽  
pp. 291
Author(s):  
Crystal Yang ◽  
Will Dobbie
Keyword(s):  
New York ◽  
Legal Framework ◽  
Criminal History ◽  
Equal Protection ◽  
Equal Protection Clause ◽  
Statistical Framework ◽  
Predictive Algorithms ◽  
Legal Position ◽  
Black Defendants ◽  
Statistical Solutions

In this Article, we provide a new statistical and legal framework to understand the legality and fairness of predictive algorithms under the Equal Protection Clause. We begin by reviewing the main legal concerns regarding the use of protected characteristics such as race and the correlates of protected characteristics such as criminal history. The use of race and nonrace correlates in predictive algorithms generates direct and proxy effects of race, respectively, that can lead to racial disparities that many view as unwarranted and discriminatory. These effects have led to the mainstream legal consensus that the use of race and nonrace correlates in predictive algorithms is both problematic and potentially unconstitutional under the Equal Protection Clause. This mainstream position is also reflected in practice, with all commonly used predictive algorithms excluding race and many excluding nonrace correlates such as employment and education. Next, we challenge the mainstream legal position that the use of a protected characteristic always violates the Equal Protection Clause. We develop a statistical framework that formalizes exactly how the direct and proxy effects of race can lead to algorithmic predictions that disadvantage minorities relative to nonminorities. While an overly formalistic solution requires exclusion of race and all potential nonrace correlates, we show that this type of algorithm is unlikely to work in practice because nearly all algorithmic inputs are correlated with race. We then show that there are two simple statistical solutions that can eliminate the direct and proxy effects of race, and which are implementable even when all inputs are correlated with race. We argue that our proposed algorithms uphold the principles of the equal protection doctrine because they ensure that individuals are not treated differently on the basis of membership in a protected class, in stark contrast to commonly used algorithms that unfairly disadvantage minorities despite the exclusion of race. We conclude by empirically testing our proposed algorithms in the context of the New York City pretrial system. We show that nearly all commonly used algorithms violate certain principles underlying the Equal Protection Clause by including variables that are correlated with race, generating substantial proxy effects that unfairly disadvantage Black individuals relative to white individuals. Both of our proposed algorithms substantially reduce the number of Black defendants detained compared to commonly used algorithms by eliminating these proxy effects. These findings suggest a fundamental rethinking of the equal protection doctrine as it applies to predictive algorithms and the folly of relying on commonly used algorithms.

Background and legal framework

2019 ◽  
pp. 16-37
Author(s):  
Tim Thornton ◽  
Katharine Carlton
Keyword(s):  
Sixteenth Century ◽  
Legal Framework ◽  
Church Courts ◽  
Legal Position ◽  
The Church

This chapter considers definitions of illicit behaviour and bastardy during this period, and the ways in which they shape the sources available to us. It will commence with the theoretical legal position expounded by both ecclesiastical and secular jurisdictions. It describes the debates around annulment, separation and divorce. It considers the formal mechanisms through which behaviour was categorised and responded to, especially in the church courts, the ways these were extended in the sixteenth century, and the patterns of enforcement during the period, especially in the intense period of activity of the northern High Commission in the 1570s.

scholarly journals LEGAL ASPECTS OF MANAGING FAILURE OF A CENTRAL SECURITIES DEPOSITORY (CSD) PARTICIPANT

Obiter ◽  
2021 ◽  
Vol 32 (2) ◽  
Author(s):  
Lynette Swart ◽  
Vivienne Lawack-Davids
Keyword(s):  
South Africa ◽  
South African ◽  
Financial Market ◽  
Legal Framework ◽  
Legal Aspects ◽  
Financial Risks ◽  
Investor Confidence ◽  
Market Participants ◽  
Legal Position ◽  
The Impact

The success of the financial market in South Africa is dependent on investor confidence and such confidence is dependent on market stability and certainty with regard to the financial risks to which market participants are exposed when trading on the financial markets. Even before the global meltdown impacted on South Africa, some concerns were raised that the South African legal framework pertaining to the financial market does not contain comprehensive principles regulating the procedures and legal position after the event of insolvency of a market participant. In response, Strate Limited, with the assistance of other market players, has drafted a proposed manual, the Participant Failure Manual, regulating the event of insolvency of market participants, referred to as “Participant Failure”. This note aims to discuss the meaning of Participant Failure, provide an overview of the Participant Failure Manual and more importantly, discuss the impact of Participant Failure on settlement, and recommendations as proposed in the Manual.

scholarly journals A General Legislative Analysis of "Torture" as a Human Rights Violation in Zimbabwe

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Howard Chitimira
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Law Enforcement Agencies ◽  
Human Rights Abuses ◽  
Convention Against Torture ◽  
Protection Of Human Rights ◽  
Legal Position ◽  
Legal Frameworks ◽  
Human Rights Violation

violations have been reported in Zimbabwe from the late 1970s to date. Notably, these torture-related human rights violations were problematic during the liberation war era in Zimbabwe. Regrettably, such violations are allegedly still prevalent, especially prior to and/or during general political elections in Zimbabwe. Accordingly, this article investigates torture as a human rights violation in Zimbabwe, inter alia by focusing on the role of selected law enforcement agencies in the protection of human rights in Zimbabwe. The article also discusses the legal position on torture and the perpetration of torture against ordinary people prior to as well as after independence in Zimbabwe. This is done to investigate the adequacy of the legal framework in Zimbabwe with regard to the combatting of torture. In relation to this, selected regional and international legal frameworks against torture are briefly discussed in order to determine possible measures that could be utilised in Zimbabwe. The authors submit that although the Constitution of Zimbabwe Amendment (No 20) Act, 2013 (Zimbabwe Constitution, 2013) prohibits torture, more may still need to be done to enhance the combatting of torture in Zimbabwe. For instance, apart from the prohibition contained in the Zimbabwe Constitution, 2013, there is no legislation that expressly outlaws torture in Zimbabwe. Moreover, Zimbabwe has not ratified the United Nations (UN) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984 (UN Convention against Torture) to date. Lastly, concluding remarks and possible recommendations that could be employed to discourage torture-related human rights abuses in Zimbabwe are provided

Semantic Technologies and Web Services

2011 ◽  
pp. 541-567
Author(s):  
Claudia Cevenini ◽  
Gianluigi Fioriglio ◽  
Migle Laukyte ◽  
Alessandro Rocchi ◽  
Giuseppe Contissa
Keyword(s):  
Web Services ◽  
Semantic Web ◽  
Interdisciplinary Research ◽  
Legal Framework ◽  
Third Parties ◽  
The Other ◽  
Semantic Technologies ◽  
International Level ◽  
Legal Position ◽  
Specific Section

This chapter adds a further dimension to interdisciplinary research on Semantic Web and Web Services: ICT is undergoing a strong and constant regulatory phenomenon at national, European and international level and needs to be constantly monitored. This makes it possible to develop and use technologies in a law-abiding manner and to be aware of the legal position (rights and duties) of oneself and third parties. This chapter aims at offering an overview of the legal framework that supports people’s access to Web Services, according to the Semantic Web innovations. The basic aspects examined include: delegation, liability, privacy and e-identity. Finally, a specific section dedicated to e-business will give a dynamic approach to the analysis, so as to consent further developments on the other issues that Semantic Web implies.

Die Haftung des Betriebsrats und seiner Mitglieder gegenüber Beratern

2021 ◽  
Author(s):  
Felicia von Grundherr
Keyword(s):  
Legal Framework ◽  
Comprehensive Overview ◽  
Financial Capacity ◽  
External Consultants ◽  
Legal Position ◽  
The Creation ◽  
Works Council

The legal position of the works council in relation to external consultants has not yet been conclusively clarified. Based on an examination of the legal and financial capacity of the works council, the work provides a comprehensive overview of the liability for fee claims of works council consultants. The author argues for the liability of the works council chairperson under sec. 179 BGB analogously. Concerns regarding the legal framework of work council’s members’ activities must be resolved where they arise. She argues for the creation of a submission competence of the works council chairman de lege ferenda.

The Handbook of the Law of Visiting Forces

2018 ◽  
Keyword(s):  
Legal Framework ◽  
Military Operations ◽  
Applicable Law ◽  
Current State ◽  
Legal Position ◽  
The Law ◽  
Historical Developments ◽  
The Relationship ◽  
Out Of Area ◽  
And Training

The legal position of Visiting Forces transcends domestic and international law and is of growing importance in our increasingly globalized and insecure world. ‘In area’ and ‘out of area’ operations, both for the purpose of establishing and maintaining peace and in connection with the conduct of other military operations and training, are likely to become more frequent for a variety of reasons. Finding where the applicable law places the balance between the interests, sensitivities, and needs of the Host State and the requirements, often practical in nature, of the visiting force is a key objective in ensuring that the relationship between hosts and ‘guests’ is, and remains, harmonious. All of this must be achieved in an increasingly complex legal environment. This fully updated second edition addresses the issues surrounding Visiting Forces and provides a full overview of the legal framework in which they operate. Through an analysis of jurisprudence and historical developments, it offers a comparative commentary to the UN, NATO, and other SOFA rules. It then continues its analysis through cases studies of Visiting Forces in key countries, including a fully updated chapter on Iraq, before offering conclusions on the current state of the law and its likely future development.

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