New Frontiers in Private Fiduciary Law

Author(s):  
Paul B. Miller

This chapter charts new frontiers of scholarly inquiry in fiduciary law. The chapter first orients the reader by taking stock of the current state of play in fiduciary scholarship. It then identifies a range of important questions that should inspire future work in the field. More specifically, it identifies pressing questions of legal theory (conceptual and normative analysis), economic and empirical legal studies (including classical and behavioral economic analysis), and historical and sociological inquiry. The chapter also raises questions of interest to private law theorists and scholars interested in exploring the significance of fiduciary principles within various subfields, from trust and corporate law to health law and legal ethics.

2017 ◽  
Vol 2 ◽  
Author(s):  
Veronika Keir

<div class="page" title="Page 3"><div class="layoutArea"><div class="column"><p><span>Veronika is a recent graduate from the Honours Legal Studies program at the University of Waterloo. Her passions are socio-legal research, policy development, feminist legal theory, and crime control development. Veronika is currently working a full-time job at Oracle Canada, planning on pursuing further education in a Masters program. </span></p></div></div></div>


2010 ◽  
Vol 27 (4) ◽  
pp. 45-67
Author(s):  
Sayed Sikandar Shah ◽  
Mek Wok Mahmud

As an intellectual process, critical thinking plays a dynamic role in reconstructing human thought. In Islamic legal thought, this intellectual tool was pivotal in building a full-fledged jurisprudential system during the golden age of Islamic civilization. With the solidification of the science of Islamic legal theory and the entrenchment of classical Islamic jurisprudence, this process abated somewhat. Recent Islamic revival movements have engendered a great zeal for reinstituting this process. The current state of affairs in constructing and reconstructing Islamic jurisprudence by and large do not, however, reflect the dynamic feature of intellectual thought in this particular discipline. Thus this article attempts to briefly delineate this concept, unveil the reality on the ground, and identify some hands-on strategies for applying critical thinking in contemporary ijtihad.


2012 ◽  
Vol 510 ◽  
pp. 776-780 ◽  
Author(s):  
Li Li An ◽  
Qiang Xu ◽  
Dong Lai Xu ◽  
Zhong Yu Lu

This paper presents a review of developing of creep damage constitutive equations for high chromium alloy (such as P91 alloy). Firstly, it briefly introduces the background of creep damage for P91 materials. Then, it summarizes the typical creep damage constitutive equations developed and applied for P91 alloy, and the main deficiencies of KRH (Kachanov-Robatnov-Hayhurst) type and Xus type constitutive equations. Finally it suggests the directions for future work. This paper contributes to the knowledge for the developing creep damage constitutive equations for the specific material.


2018 ◽  
Vol 26 (1) ◽  
Author(s):  
Romina Carla Lerussi ◽  
Malena Costa

Resumen: Nuestra propuesta se inscribe en el campo de los feminismos jurídicos, área que surge en la década del setenta en la academia estadounidense bajo la denominación Feminist Jurisprudence, Feminist Legal Studies o Feminist Legal Theory. En América Latina y El Caribe este área es aún incipiente; encontramos en dicha región una gran cantidad de investigaciones no necesariamente situadas en términos del pensamiento jurídico/legal feminista, pero sí conectadas íntimamente con dicho campo y como parte de las denominadas perspectivas de género en el derecho. En el presente artículo desarrollamos algunas notas para abonar a la reflexión acerca de los feminismos jurídicos en la Argentina con proyección latinoamericana, fundamentalmente a partir de la década de 1990.


2012 ◽  
Vol 13 (5) ◽  
pp. 466-467
Author(s):  
Ignacio de la Rasilla Y del Moral

The papers gathered under this special issue draw on presentations from the International Legal Theory Workshop under the auspices of the 4th Conference of the European Society of International Law, which was held at Cambridge University in September 2010. The essays cover some key developments in international law since the fall of the Berlin Wall. In the pages that follow, you will find an examination of the rise of the notion of ‘harmonious society’ in China as well as an insightful analysis of how this concept can influence international law; a detailed study of the regime of responsibility of international organizations that has gained momentum in the wake of the proliferation of international organization since 1989; a proposal for a fiduciary theory of international human rights, conceived as an alternative model to post-9/11, interest-balancing approaches in the field of national security law; and a reflection on the endurance of the notion of rogue states and state-criminalizing approaches to international relations, beyond the confines of the Bush doctrine. These essays are started off by two papers that address, from different angles, the current state of theorizing of international law.


2021 ◽  
Vol 12 (2) ◽  
pp. 1316-1341
Author(s):  
Marc Tizoc Gonzalez ◽  
Saru Matambanadzo ◽  
Sheila I. Vélez Martínez

Abstract LatCrit theory is a relatively recent genre of critical “outsider jurisprudence” – a category of contemporary scholarship including critical legal studies, feminist legal theory, critical race theory, critical race feminism, Asian American legal scholarship and queer theory. This paper overviews LatCrit’s foundational propositions, key contributions, and ongoing efforts to cultivate new generations of ethical advocates who can systemically analyze the sociolegal conditions that engender injustice and intervene strategically to help create enduring sociolegal, and cultural, change. The paper organizes this conversation highlighting Latcrit’s theory, community and praxis.


2018 ◽  
Vol 10 (2) ◽  
pp. 122-140
Author(s):  
Vitaly I Sidorenko

The author explains the conditions and reasons for the introduction in 2003 a new major, that is Film and Television Producer into the list of Media Majors for which the students are trained in higher educational institutions for the domestic industry. The article points out the goals and tasks for developers of normative and methodological materials required for the introduction of such a major, the functional responsibilities and skills of the producer in audiovisual industry and the main features of his/her activities as compared to the classical entrepreneurship skill set. The author presents the list of learning outcomes and the tasks a graduate who has mastered the curriculum of the Producer program should solve. A highlight of the article is given to the legal basis for ensuring the activities of the producer. Besides, the professional standard of "Film Producer", approved by the Ministry of Labor and Social Protection of the Russian Federation, is critically evaluated. Basing on the analysis of the current state of the national film business the author reflects on the problems and challenges the system of professional training of producers, faces and outlines the prospects for the future work. These problems demand further diversification of Film Majors including the introduction of a new one called Producer of distribution. Moreover, its necessary to determine the optimal number of students, to write the teaching aids and textbooks aimed at solving practical problems existing in film business and multimedia and mastering the current students skills. The author states that one of the most crucial problems in the system of producer training is the unresolved issue of financial support of the diploma project (a film shot by a graduate). The author offers his own system of the development of a diploma film, which will allow us to give a more realistic and deeper assessment of the abilities, skills and knowledge of a future film-maker. The second half of the article gives a brief overview of the current state of cinema, television and multimedia in Europe and determines, in this respect, the main directions for improving the system of professional training of producers in European film schools, taking into consideration the new industrial context. The fact that the changing industrial context makes producers seek for new ways to reduce uncertainty and risks, attracting external investors and co-producers, is particularly stressed. The author also reflects on the problem of the so-called TV-ization of a film, which has set absolutely new tasks in front of the producers and creators of audiovisual product. In conclusion, the author presents a summary of the main principles, methods and approaches to structuring the educational process while teaching students the Major "Film and Television Producer" at the Film University Babelsberg named after Konrad Wolf. The author appreciates the experience of German colleagues, which can be implemented into domestic practice.


Author(s):  
Veli Durmuş ◽  
Mert Uydaci

This chapter provides a holistic general overview of the data protection regime in Turkey. Authors present the principal rights of data protection and transmission in health law and latent ethical concerns by specifying decisions of the Supreme Court in Turkey and the European Court of Human Rights on using personal data. The research describes data protection law for health care setting in Turkey. Primary and secondary data have been used for the study. The primary data includes the information collected with current national and international regulations or law. Secondary data include publications, books, journals, and empirical legal studies. Privacy and data protection regimes in health law show there are some obligations, principles, and procedures which shall be binding upon natural or legal persons who process health-related personal data.


Author(s):  
Raymond Wacks

All critical legal theorists share a deep cynicism about many of the important questions of legal theory. Fundamentally they reject many of the assumptions of both the legal and political order: for example, the free market, ‘meta-narratives’, and male or racial domination. This chapter first discusses the development of critical legal studies and then turns to postmodern legal theory, considering the views of Jacques Lacan, Jacques Derrida, Michel Foucault, and Jürgen Habermas. It then goes on to outlines the principal claims of critical race theory (CRT). It also considers the relationships between CRT and feminist theory and CRT and postmodernism.


2013 ◽  
Vol 5 (1) ◽  
pp. 53-63 ◽  
Author(s):  
Alfredo Tirado-Ramos ◽  
Chris Kelley

Simulating the transmission of HIV requires a model framework that can account for the complex nature of HIV transmission. In this paper the authors present the current state of the art for simulating HIV with agent-based models and highlight some of the significant contributions of current research. The authors then propose opportunities for future work including their plan that involves identifying and monitoring high-risk drug users that can potentially initiate high-risk infection propagation networks.


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