The Incorporation of a Right to Health Perspective into Brazil’s Patent Law Reform Process

2016 ◽  
pp. 311-326
Author(s):  
Emmanuel Kolawole Oke
2017 ◽  
Vol 4 (2) ◽  
pp. 309-328
Author(s):  
Hatsuru MORITA

AbstractCorporate law shapes the fundamental business environment and affects various stakeholders. It is possible to determine the behaviour of various stakeholders by examining the politics of the reform process of corporate law. In order to understand the process, this paper uses the notice-and-comment procedure (public-comment procedure). Under this procedure, people submit comments to the Ministry of Justice; some of the comments are reflected in the final Bill, while others are not. The paper performs a quantitative analysis of a hand-collected dataset from two recent public-comment procedures on corporate law reform. The results showed that the bureaucrats are rigid and not willing to take public comments seriously. However, on some technical issues, legal academics, and legal professionals influence the behaviour of the bureaucrats. In addition, the bureaucrats employed these comments to honour the technical views of professionals. In other cases, corporate managers significantly influence the reform process.


2016 ◽  
Vol 49 (4) ◽  
pp. 546-563
Author(s):  
Natalia Hanley ◽  
Bianca Fileborn ◽  
Wendy Larcombe ◽  
Nicola Henry ◽  
Anastasia Powell

Research on law reform has identified a variety of factors that help or hinder the reform process, but it has not systematically explored the role that empirical research plays and could play in enabling and enhancing law reform. Drawing on a series of qualitative interviews with criminal law reform experts in Victoria, we analyse the current uses and perceived value of empirical research in criminal law reform and explore opportunities for qualitative research methods to be used more systematically or extensively to improve criminal law reform processes and outcomes.


Author(s):  
Arlie Loughnan

The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal responsibility’, which outlines the ‘physical’ and ‘fault’ elements of criminal offences, and defines concepts such as recklessness. This paper assesses the MCC as a criminal law reform project and explores questions of how the MCC came into being, and why it took shape in certain ways at a particular point in time. The paper tackles these questions from two different perspectives—‘external’ and ‘internal’ (looking at the MCC from the ‘outside’ and the ‘inside’). I make two main arguments. First, I argue that, driven by a ‘top down’ law reform process, the MCC came into being at a time when changes in crime and criminal justice were occurring, and that it may be understood as an attempt to achieve stability in a time of change. Second, I argue that the significance of the principles of criminal responsibility, which formed the central pivot of the MCC, lies on the conceptual level—in relation to the language through which the criminal law is thought about, organised and reformed.


Water Policy ◽  
2016 ◽  
Vol 18 (4) ◽  
pp. 998-1014 ◽  
Author(s):  
Jai K. Clifford-Holmes ◽  
Carolyn G. Palmer ◽  
Chris J. de Wet ◽  
Jill H. Slinger

At the centre of the water law reform process initiated by the first democratic government of the Republic of South Africa (RSA) lay the challenge of transforming away from apartheid water injustices. Reform culminated in the promulgation of new legislation, regarded internationally as ambitious and forward-thinking legislation reflective of the broad aims of integrated water resource management (IWRM). However, implementation of this legislation has been challenging. This paper analyses institutional dysfunction in water management in the Sundays River Valley Municipality (Eastern Cape Province, RSA). A transdisciplinary approach is taken in addressing the failure of national law and policy to enable the delivery of effective water services in post-apartheid RSA. A case study is used to explore interventions to promote effective water supply, locating these interventions and policies within the legislative structures and frameworks governing the water sector. We suggest that fine-grained institutional analysis together with learning from persistent iterative, adaptive practice, with principled goals intact, offers a pragmatic and achievable alternative to grand-scale policy change.


1995 ◽  
Vol 27 (4) ◽  
pp. 485-502 ◽  
Author(s):  
Kenneth M. Cuno

During the past thirty years, the study of the family in European history has developed with a strong comparative emphasis. In contrast, the study of the family in Middle East history has hardly begun, even though the family is assumed to have had a major role in “the structuring of economic, political, and social relations,” as Judith Tucker has noted. This article takes up the theme of the family in the economic, political, and social context of 19th-century rural Egypt. Its purpose is, first of all, to explicate the prevailing joint household formation system in relation to the system of landholding, drawing upon fatwas and supporting evidence. Second, it argues that rural notable families in particular had a tendency to form large joint households and that this was related to the reproduction and enhancement of their economic and political status. Specifically, the maintenance of a joint household appears to have been a way of avoiding the fragmentation of land through inheritance. After the middle of the 19th century, when it appeared that the coherence and durability of the joint family household were threatened, the notables sought to strengthen it through legislation. Their involvement in the law reform process contradicts the progressive, linear model of social and legal change that is often applied in 19th-century Egyptian history.


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