Definition of the Largest Shareholder under Disclosure Regulation for Foreign Companies - Focused on Supreme Court August 1, 2018 Ruled 2015 Du 2995 Decision -

2019 ◽  
Vol 38 (1) ◽  
pp. 259-296
Author(s):  
Jungha Lim
Keyword(s):  
Supreme Court ◽  
Disclosure Regulation ◽  
Foreign Companies ◽  
Definition Of

Medical and Legal Issues Raised by the Protz Decision Issued by the Pennsylvania Supreme Court

2017 ◽  
Vol 22 (4) ◽  
pp. 12-13
Author(s):  
LuAnn Haley ◽  
Marjorie Eskay-Auerbach
Keyword(s):  
Supreme Court ◽  
Scientific Evidence ◽  
Workers Compensation ◽  
Sixth Edition ◽  
Complex Concept ◽  
The Supreme Court ◽  
Compensation Claims ◽  
Recent Edition ◽  
Impairment Ratings ◽  
Definition Of

Abstract Pennsylvania adopted the impairment rating provisions described in the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in 1996 as an exposure cap for employers seeking predictability and cost control in workers’ compensation claims. In 2017, the Supreme Court of Pennsylvania handed down the Protz decision, which held that requiring physicians to apply the methodology set forth in the most recent edition of the AMA Guides reflected an unconstitutional delegation of legislative power to the American Medical Association. The decision eliminates the impairment-rating evaluation (IRE) mechanism under which claimants were assigned an impairment rating under the most recent edition of the AMA Guides. The AMA Guides periodically are revised to include the most recent scientific evidence regarding impairment ratings, and the AMA Guides, Sixth Edition, acknowledges that impairment is a complex concept that is not yet defined in a way that readily permits an evidence-based definition of assessment. The AMA Guides should not be considered standards frozen in time simply to withstand future scrutiny by the courts; instead, workers’ compensation acts could state that when a new edition of the AMA Guides is published, the legislature shall review and consider adopting the new edition. It appears unlikely that the Protz decision will be followed in other jurisdictions: Challenges to using the AMA Guides in assessing workers’ compensation claims have been attempted in three states, and all attempts failed.

Der Wald im Lichte der neueren bundesgerichtlichen Rechtsprechung | Forest legislation in the recent jurisdiction of the Federal Supreme Court

2009 ◽  
Vol 160 (9) ◽  
pp. 263-274
Author(s):  
Alois Keel ◽  
Willi Zimmermann
Keyword(s):  
Supreme Court ◽  
Federal Law ◽  
Large Scope ◽  
Forest Law ◽  
Federal Jurisdiction ◽  
Forest Legislation ◽  
Definition Of ◽  
Forest Status ◽  
Area Planning ◽  
Federal Supreme

With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dispute are assessments of forest status, authorizations for deforestation, and forest distance regulations. The Federal Supreme Court merely refined the jurisdiction; it did not, or did not need to disclose fundamentally new lines [benchmarks]. It rather adheres to the restrictive definition of forest and the strict conservation of forests, while the cantons do not dispose of a large scope for the deforestation jurisdiction or the definition of the term “forest”. The Federal Supreme Court grants the cantons more freedom to regulate and implement the forest distance. Obvious changes can be observed concerning the number of forest law cases that have been dealt with by the Federal Supreme Court. Compared to the 1980ies and early 1990ies, they have decreased by more than half. Among others, reasons for this decrease are the cantons' obligation to appoint courts only as last cantonal resort, the improvement of the formal and material coordination of the proceedings, and the introduction of the “static forest term” with respect to building zones in the sense of the federal law on area planning.

scholarly journals Signs of the concept of „conflict of interest” in the judicial practice of Ukraine

2021 ◽  
pp. 56-60
Author(s):  
Zoia Zahynei-Zabolotenko ◽  
◽  
Pavlo Demiak ◽  
Keyword(s):  
Supreme Court ◽  
Conflict Of Interest ◽  
Private Interest ◽  
Judicial Practice ◽  
Government Functions ◽  
Correct Definition ◽  
Definition Of ◽  
Administrative Responsibility

This article is about the problem of understanding the concept „conflict of interest” and its characteristics in the legal positions of Administrative Court of Cassation as a part of Supreme Court of Ukraine. From the article we can understand that these legal positions touch the correct definition of characteristics of private interest, potential and real conflict of interest, finding out people who are subordinated to a person who is authorized to perform state or local self-government functions, and it can causes potential or real conflict of interest. These legal positions can be used in bringing the guilty persons to administrative responsibility under the Code of Administrative Offenses.

scholarly journals Pathologies management of modern organization

2017 ◽  
pp. 72-75
Author(s):  
E. Yu Pleshakova
Keyword(s):  
Reference Values ◽  
Management System ◽  
Foreign Companies ◽  
Profile Management ◽  
Integrated Approaches ◽  
Definition Of ◽  
Open Question

The article presents an extended classification of pathology management system. The scale for assessing the level of pathological management is shown. The question of the interpretation of the results of assessing the level of pathological management is considered. The construction of pathological Profile Management is proposed to visually determine which diseases are pronounced. The results of studies of more than 300 domestic and foreign companies showed the most common pathologies of management in the practice, as well as the most pathological and without pathological organizations. It remains an open question about the reference values of pathological management, as well as the definition of the indicator and integrated approaches to the interpretation of quantifying.

scholarly journals Role and Place of Higher Specialized Courts in the Judicial System of Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 250-257
Author(s):  
V. V. Chumak
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Legal Status ◽  
Judicial System ◽  
Judicial Power ◽  
Legal Documents ◽  
The Supreme Court ◽  
Specialized Courts ◽  
Definition Of

The role and place of higher specialized courts in the judicial system of Ukraine have been studied and determined. The author has studied such main categories as “judicial system of Ukraine”, “judiciary”, “judicial system” and “judicial power”. The judicial system of Ukraine has been established. The normative and legal base of functioning of highest specialized courts of Ukraine has been characterized. The author has provided own definition of the categories “judicial system of Ukraine” and “judicial power of Ukraine”. The author has offered to understand the category of “judicial system of Ukraine” as the totality of all hierarchically structured elements of the system (courts), which are endowed with exclusive competence to administer justice, built on the principles of territoriality and specialization, are defined by law and united by general principles of their organization and activity. In turn, the concept of “judicial power of Ukraine” is defined as the activity of courts (judicial system) to administer justice and to perform their professional duties within the limits and in the manner prescribed by the Constitution and laws of Ukraine in accordance with international and legal documents. It has been determined that highest specialized courts in the judicial system of Ukraine are the Supreme Court on Intellectual Property Issues and the Supreme Anti-Corruption Court. It has been concluded that highest specialized courts in the judicial system of Ukraine play an important role in the holistic mechanism of the entire judicial system, since they are endowed with exclusive competence to consider and decide cases on the merits of certain categories, and their activities are determined at the level of a separate regulatory act, which determines their legal status, and hence their place in the judicial system of Ukraine.

Dissemination of damaging information (defamation) as a type of civil tort: concept definition

2020 ◽  
pp. 378-382
Author(s):  
Valeriya Smorchkova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Personal Information ◽  
Judicial Practice ◽  
The United Kingdom ◽  
European Court ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Definition Of

We consider such category as defamation, which is widespread in many foreign countries. Defamation is the dissemination of damaging information, which, however, is true. This concept has become widespread in the last century, many states have adopted special legislation that mediates relations in this area. For example, the United Kingdom has the “Defamation Act 1996” and Singapore has the “Defamation Ordinance 1960”. We emphasize that in the same 1960s in our country “the system of defamation seemed absolutely unacceptable and contrary to the spirit of society”. In the course of study, comparative legal methods are used to analyze the legislation of states with the Anglo-Saxon and Romano-Germanic legal system. Based on the study of the doctrinal points of view of scientists and the positions of higher courts, the definition of this category is formed from the position of civil tort. The following definition is proposed: “Defamation is a violation of civil legislation, which consists in the dissemination of false information damaging the honor, dignity and business reputation of a person and also the dissemination of truthful personal information, the disclosure of which violates the conservation law are listed in the intangible benefits of the citizens”. We analyze the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of February 24, 2005 no. 3 “On judicial practice in cases of protecting the honor and dignity of citizens, as well as the business reputation of citizens and legal entities”. We conclude that the Supreme Court of the Russian Federation borrowed advanced provisions from the judgments of the European Court of Human Rights.

Taxes versus Fees: Lead Paint and LLCs

2007 ◽  
Vol 5 (1) ◽  
pp. 57-78 ◽  
Author(s):  
Kathleen K. Wright ◽  
Stewart S. Karlinsky
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Simple Majority ◽  
Broad Definition ◽  
Lead Paint ◽  
Definition Of

This paper discusses the rather blurred distinction between fees and taxes, particularly for states like California where enactment of a tax requires a two-thirds vote while fees can be enacted with a simple majority. We discuss the California Supreme Court decision in Sinclair Paint wherein the Court adopted a broad definition of a fee. Many taxpayers feared that this would open the flood gates for enactment of fee legislation both in California and nationwide. We examine recent legislative and judicial trends in enactment of fee legislation and court interpretations following Sinclair Paint. The data shows that the Legislature is actively pursuing all types of fee legislation as budget dollars do not stretch far enough to cover program expenditures. Courts are continuing the Sinclair Paint trend of broadly defining fees. The result seems to be an ever increasing fee burden on businesses and taxpayers.

Overview

2016 ◽  
Author(s):  
Shira Tarrant
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
The United States ◽  
French Film ◽  
The Supreme Court ◽  
Definition Of

What Is the Definition of Pornography? In 1964, the Supreme Court of the United States faced a controversy over whether Louis Malle’s French film The Lovers violated the First Amendment prohibition against obscene speech. In determining what exactly distinguishes pornography from obscenity,...

Legislative Department

2020 ◽  
pp. 73-104
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Supreme Court ◽  
House Of Representatives ◽  
The State ◽  
Legislative Authority ◽  
The People ◽  
Definition Of ◽  
The Right ◽  
Supreme Court Rulings ◽  
The U.S

This chapter assesses Article V of the Oklahoma constitution, which concerns the legislative department. Section 1 states that “the Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives.” However, “the people reserve to themselves the power to propose laws and amendments to the Constitution and to enact or reject the same at the polls independent of the Legislature, and also reserve power at their own option to approve or reject at the polls any act of the Legislature.” Section 2 provides for the designation and definition of reserved powers. Initiative means the power of the people to propose bills, and to enact or reject them at the polls. Referendum is the right of the people to have bills passed by the legislature submitted to the voters for their approval. Meanwhile, in May 1964, the Oklahoma constitution was amended to conform to the U.S. Supreme Court rulings. The amendment passed and Sections 9 through 16 were replaced with Sections 9A through 11E. The chapter then details the provisions for the Senate and the House of Representatives.

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