scholarly journals Legal constraint of genetic use restriction technologies.

Author(s):  
D. L. Burk
Keyword(s):  
2018 ◽  
Vol 10 (2) ◽  
pp. 244-252 ◽  
Author(s):  
Jean-François Joye

Purpose This paper aims to present a legal study addressing the way in which tourism development and planning in mountain areas can be adapted to climate change issues. It gives examples of attempts to regulate such development by law. Recent legislation in France has created new obligations targeted at ski resort managers. Urban planning and tourism development are key topics of the new French Mountain Act (law of 28 December 2016). The law moves back and forth between two goals, economic development and the protection of nature, and it is sometimes difficult to understand the general coherence of the text. Nevertheless, two significant new legal elements can be highlighted. Planning policies in mountain areas have to take climate change issues into account in the process of authorising major tourism building projects. Moreover, for the first time, the law requires obsolete ski lifts to be dismantled when they are no longer in use. Of course, although these measures are only legally theoretical at the moment, they represent important progress and are initially relevant to many ski resorts affected by global warming, especially in low-altitude mountain areas. Many of these are already experiencing a lack of snow, and a new economic model needs to be drawn up. Design/methodology/approach This paper is based on a review of French laws having an effect on mountain areas’ adaptation to climate change. Findings This paper presents two innovations included in the new French Mountain Act (law of 28 December 2016). Originality/value This paper underscores problems emanating from global warming in mountain areas. Some ski resorts are facing a lack of snow. The main issue is to anticipate the fact that many ski lifts, or other structures or buildings created for the snow economy, could become obsolete. Legal tools can provide a solution by forcing administrations or operators to be cautious when making decisions relating to new tourist investments, and to dismantle obsolete ski lifts.


2009 ◽  
Vol 103 (3) ◽  
pp. 474-495 ◽  
Author(s):  
BRANDON L. BARTELS

Does law exhibit a significant constraint on Supreme Court justices' decisions? Although proponents of the attitudinal model argue that ideology predominantly influences justices' choices, “hybrid models” posit that law and ideology exhibit discrete and concurrent effects on justices' choices. I offer a new conceptualization of legal constraint examining how legal rules permit varying degrees of ideological discretion, which establishes how strongly ideological preferences will influence justices' votes. In examining the levels-of-scrutiny legal doctrine, I posit theoretical models highlighting the differential constraining capacities of the strict scrutiny, intermediate scrutiny, and rational basis rules. I use a multilevel modeling framework to test the hypotheses within the context of theGrayneddoctrine in free expression law. The results show that strict scrutiny, whichGraynedapplied to content-based regulations of expression, significantly constrains ideological voting, whereas intermediate scrutiny (applied to content-neutral regulations) and the low scrutiny categories each promote high levels of ideological voting.


2014 ◽  
pp. 1659-1674
Author(s):  
Solomon Lasluisa ◽  
Ivan Rodero ◽  
Manish Parashar

The purpose of this chapter is to identify and analyze the challenges of creating new software in the public cloud due to legal regulations. Specifically, this chapter explores how the Sarbanes-Oxley Act (SOX) will indirectly affect the development and implementation process of cloud computing applications in terms of software engineering and actual legality of said software solutions. The goal of this chapter is twofold - to bring attention to the need for specific analysis of legal issues in public clouds (as opposed to general analysis), and to illustrate the need for cloud developers to address legal constraint while creating their platforms, in order to increase their viability in the corporate environment.


Author(s):  
Solomon Lasluisa ◽  
Ivan Rodero ◽  
Manish Parashar

The purpose of this chapter is to identify and analyze the challenges of creating new software in the public cloud due to legal regulations. Specifically, this chapter explores how the Sarbanes-Oxley Act (SOX) will indirectly affect the development and implementation process of cloud computing applications in terms of software engineering and actual legality of said software solutions. The goal of this chapter is twofold - to bring attention to the need for specific analysis of legal issues in public clouds (as opposed to general analysis), and to illustrate the need for cloud developers to address legal constraint while creating their platforms, in order to increase their viability in the corporate environment.


Author(s):  
Justin Morris

This chapter examines the place of international law in international politics, with particular emphasis on whether legal constraint is effective in averting or limiting the use of force by states. It begins with a discussion of the efficacy of international law in regulating the behaviour of states, focusing on the so-called perception–reality gap in international law. It then considers various reasons why states obey the law, from fear of coercion to self-interest and perceptions of legitimacy. It also explores the role and status of breaches of international law in international politics as well as the functions of the two laws of armed conflict, namely, jus ad bellum and jus in bello. Finally, it analyses the apparent paradox of legal constraint on warfare in relation to power politics and the mitigatory effects of norms governing the conduct of war.


1981 ◽  
Vol 27 (1) ◽  
pp. 4-23 ◽  
Author(s):  
Harold C. Barnett

This article considers the structural relationships between corporate crime and American corporate capitalism. Large corporations are assumed to pursue profit, growth, and market share expansion subject to constraints imposed by markets and the state. State or legal regulation of corporate behavior is in turn assumed to be constrained by the need to promote capital accumulation and to satisfy diverse economic interests. Discussion of product safety, environmental, antitrust, and antilabor violations allows some insight into the manner of resolution of these conflicts among corporate and state goals as well as some insight into the distribution of the associated private and social costs and benefits. It is argued that the real economic impact and the control over information and financial resources which characterizes large corporations grant to them an economic and political power that is great relative to that generally possessed by the victims of corporate crime. This historical imbalance of power is seen to be institutionalized in law and in the funding and priorities of regulatory and enforcement agencies. It is manifest in an ineffective legal constraint and in the consequent reproduction of corporate crime. In light of these conclusions, I consider the characteristics of an effective legal constraint, the political economic transformation associated with its implementation and with the rational, democratic, and equitable absorption of the opportunity costs of corporate crime reduction.


2015 ◽  
Vol 77 (3) ◽  
pp. 721-735 ◽  
Author(s):  
Rachael K. Hinkle

2021 ◽  
Author(s):  
Pascal Salin

Liberalism is often criticized because it is said that it is concerned only by economic problems (and not more general human problems) and because it is in favor of selfishness. This is wrong and, in fact, liberalism is, on the contrary, the necessary consequence of a universal and valid conception of ethics. The foundation of liberalism consists in the fact that everyone must be respectful of the legitimate rights of any person (as regards, for instance, his body, his mind, and his legitimate property rights). Therefore, it implies that one ought to be respectful of another person either if this person is generous or if he is selfish (one is not obliged to be selfish, but one has the right to be selfish). Thus, liberalism is founded on the fundamental universal ethics and it is respectful of the individual conceptions of personal ethics. It is not in favor of selfishness, but in favor of individualism. This is why it must be said that liberalism is the only humanistic approach of social problems. However, many people consider that it is ethically justified to impose a redistribution policy to decrease so-called “social inequalities.” But, so doing, a state is not respectful of the legitimate property rights of those who are obliged by legal constraint to pay taxes. A voluntary distribution of resources from individuals who give part of their legitimate resources to other individuals is ethically justified. But it is not the case whenever this transfer of resources is made by using coercion. And it must be added that it has negative consequences. Those who benefit from the redistribution policy are less induced to make productive efforts. And those who have to pay the taxes are also less induced to develop their productive activities. Therefore, the production of resources is diminished by the redistribution policy and all the members of a society (for instance a country) suffer from this non-ethical policy.


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