The Administrative Legal Issue of Automated Disposition

2021 ◽  
Vol 38 (3) ◽  
pp. 89-114
Author(s):  
Eunjeong Kwon
Keyword(s):  
Author(s):  
Elena F. GLADUN ◽  
Gennady F. DETTER ◽  
Olga V. ZAKHAROVA ◽  
Sergei M. ZUEV ◽  
Lyubov G. VOZELOVA

Developing democracy institutions and citizen participation in state affairs, the world community focuses on postcolonial studies, which allow us to identify new perspectives, set new priorities in various areas, in law and public administration among others. In Arctic countries, postcolonial discourse has an impact on the methodology of research related to indigenous issues, and this makes possible to understand specific picture of the world and ideas about what is happening in the world. Moreover, the traditions of Russian state and governance are specific and interaction between indigenous peoples and public authorities should be studied with a special research methodology which would reflect the peculiarities of domestic public law and aimed at solving legal issue and enrich public policy. The objective of the paper is to present a new integrated methodology that includes a system of philosophical, anthropological, socio-psychological methods, as well as methods of comparative analysis and scenario development methods to involve peripheral communities into decision-making process of planning the socio-economic development in one of Russia’s Arctic regions — the Yamal-Nenets Autonomous District and to justify and further legislatively consolidate the optimal forms of interaction between public authorities and indigenous communities of the North. In 2020, the Arctic Research Center conducted a sociological survey in the Shuryshkararea of the Yamal-Nenets Autonomous District, which seems to limit existing approaches to identifying public opinion about prospects for developing villages and organizing life of their residents. Our proposed methodology for taking into account the views of indigenous peoples can help to overcome the identified limitations.


2004 ◽  
Vol 32 (1) ◽  
pp. 56-72 ◽  
Author(s):  
Stephen J. Morse

How to respond justly to the dangers persistent violent offenders present is a vexing moral and legal issue. On the one hand, we wish to reduce predation; on the other, we want to treat predators fairly. The central theme of this paper is that it is difficult to achieve both goals without compromising one of them, and that both are being seriously undermined. I begin by explaining the legal theory, doctrine and practice governing dangerous offenders (DO) and demonstrate that the law leaves a gap in the ability to confine them. Next I explore the means by which the law has overtly or covertly sought to fill the gap. Many of these measures, especially the new form of civil commitment for sexual predators, dangerously conflate moral and medical categories. I conclude that pure preventive detention is more common than we usually assume, but that this practice violates fundamental assumptions concerning liberty under the American constitutional regime.


PEDIATRICS ◽  
1989 ◽  
Vol 84 (4) ◽  
pp. A24-A24
Author(s):  
J. F. L.

Blood bank officials in the United States are sounding an alarm because they are facing hundreds of lawsuits from people stricken with AIDS after receiving transfusions. Issue of Screening Test The suits generally involve transfusions received before mid-1985, when blood banks started using a screening test that detects antibodies to the AIDS virus in the blood. The central legal issue involves negligence: before the screening test was entirely in place, were the blood banks negligent in their efforts to keep the virus out of the blood supply? The blood banks. . . say the AIDS threat was not fully understood immediately and it was not always clear that the tests would be reliable. Moreover, they say it was often impractical to move more rapidly. While the test has made the nation's blood supply much safer, Federal experts at the Centers for Disease Control in Atlanta estimate that 12,000 people now living in the United States have been infected with the AIDS virus in blood transfusions. Of these, 2,170 adults and 177 children have developed AIDS so far.


Author(s):  
John B. Nann ◽  
Morris L. Cohen

This chapter describes current sources and techniques useful for finding seventeenth- and eighteenth-century laws of England and introduces some methods an attorney in England in the seventeenth and eighteenth centuries might have used. Before researchers can find the law, they must know what was considered to be the source of law in the period being investigated. Reporting, publishing, and finding cases has been important in English law for centuries. Parliamentary enactments during the colonial period also play an important part in the framework surrounding any particular legal issue. Meanwhile, English law is built on a foundation of common law, which is built on case law. As such, finding cases that relate to a particular topic is critical in research. A good case-finding option is a digest of cases; these have been written over the centuries, as have abridgments and treatises on particular areas of law.


Author(s):  
Christian Fuchs

In light of an ongoing legal issue, this article was suspended on April 16, 2016. tripleC will look into the received claims and legal issues before finally deciding what should happen with the article.


Psihologija ◽  
2004 ◽  
Vol 37 (1) ◽  
pp. 33-50
Author(s):  
Tatjana Vukosavljevic-Gvozden

The article examines confidentiality principle from different perspectives: as the factor which plays a very important part in developing a productive therapist-client relationship, ethical and, in many countries, legal issue. Ways to maintain confidentiality in therapy are stated, as well as situations in which it is inevitably limited. Three dilemmas concerning confidentiality are explained and discussed. The first is when one should speak and when one should be silent and what we should do when we are in two minds. The second is whether the client should be informed about confidentiality limitations at the very beginning, or when the need arises during the treatment. The third is whether confidentiality limitation (when a client poses a threat to himself or to the society) should be legally regulated, as it is being done in many western countries.


Author(s):  
Jonada Zyberaj

Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.


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