scholarly journals COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE USA AND THE RUSSIAN FEDERATION ON CIVIL LIABILITY FOR DAMAGE CAUSED BY GOODS WITH INCREASED HAZARDOUS PROPERTIES

2020 ◽  
Vol 35 (3) ◽  
pp. 86-90
Author(s):  
S.M. Salikhova ◽  
◽  
A.M. Shakhaeva ◽  

The relevance of the consideration of the problem of civil liability for harm caused by goods with increased hazardous properties is determined by the fact that such cases occupy an increasingly important place in judicial practice. This shows that not only the legal awareness of citizens is growing, but the very definition of “goods with increased dangerous properties” does not have all the principles of specificity. In this regard, one can turn to the experience of other countries, especially those where consumer protection has proven effective. The United States is one of such countries, where not only the culture of consumption is high, but also the legal culture. This combination allows the American legal system to respond to citizens ’appeals in a timely manner and resolve issues with an objective review of cases where liability for damage caused by goods with increased dangerous properties is considered. In the United States, the definition of civil liability for manufacturers and sellers of goods and services is governed by federal and state laws. Moreover, it is the laws of the states in most cases that govern the most important aspects related to determining the shortage of goods, services and work. It should be noted the importance of the precedent in the US legal system, which also determines many cases for determining civil liability for harm caused by some properties of goods. To compare the fundamentals of the legislation of the two countries in the studied area, the comparative legal research method was applied, which allows us to highlight general and excellent legislative norms. Based on the results of the comparison, it was concluded that the similarities and differences between the American and Russian legislation in terms of civil-steam liability for damage caused by goods with dangerous properties.

2020 ◽  
pp. 88-109
Author(s):  
Russell Crandall

This chapter recounts how the United States in the nineteenth century permitted considerable personal freedom of choice regarding drugs, citing the idiosyncrasies of the U.S. Constitution that helped ensure potent forms of opium, cocaine, and cannabis remained widely available nationwide. It talks about how the American legal system made states responsible for regulating drugs, particularly opium and cannabis, on their own turf. It also discusses how most states and several major cities by 1910 had anti-drug laws wherein ritual police raids were a hallmark of the states' haphazard enforcement schemes. The chapter recounts the first efforts at drug control at the federal level, which were designed not to break up underground dealer networks but to regulate the runaway pharmaceutical market. It refers to the Pure Food and Drug Act in 1906, which simply mandated that certain active ingredients meet standardized purity requirements and forced drug makers to label in a clear way any of ten ingredients considered unsafe.


Author(s):  
Pamela Hobbs

AbstractLegal humor is a topic of perennial appeal, and has long been a prolific source of books, articles, and scholarly commentaries which are avidly consumed by popular and professional audiences alike. However, although a number of scholars have analyzed the use of humor in judicial opinions, there is no comparable body of scholarly examinations of lawyers' use of humor in their role as legal advocates. This omission is significant, because in the American legal system, humor and wordplay serve as highly-valued evidence of forensic skill which is deemed appropriate for display both within and outside of the courtroom. Accordingly, this paper attempts to fill the gap in the existing literature by examining attorneys' use of humor as persuasive advocacy in two widely divergent settings, informal court-mandated mediation and oral argument before the United States Supreme Court. In these data, the attorneys use humor aggressively to ridicule the plaintiffs' claims, depicting them as laughable and unworthy of serious consideration, while placing themselves at the center of a comic performance which allows them to display their linguistic skills. These data thus demonstrate that humor can be a potent weapon in an attorney's arsenal.


Author(s):  
V. G. VARNAVSKIY

The article considers the USA role and place in the global  manufacturing and trade. Key aspects of the world economy  transformation in the context of globalization, internationalization  and liberalization are studied. As shows, USA and China are the two  largest economies in the world. United States is the world’s largest  economy by nominal GDP and second largest by purchasing power  parity (PPP). It holds a 15.4 percent share of global GDP in PPP  (2016). China is the world’s largest economy by PPP, accounting for  17.8 percent of global GDP. The USA share of world GDP declined by  a total of 3.8 percentage points between 2006 and 2016. At the  same time, the United States possesses great economic strength. It  is also the world leader in innovation. China’s success has mostly  been in lowerend innovation. This country has been less successful in  higher-end innovation, where USA currently maintain a lead. The  United States holds a leading position in aerospace, instrument  making, cloud computing, ICT, robotics-related technologies, nanomaterials, biopharmaceutical and other high-tech  industries and China significantly lags behind. Special attention is paid to the U.S. foreign trade. It is shown that the USA is one of  the world’s largest importer and exporter of goods and services. It  accounts for 10.5 percent of global goods and services exports in  2016 (second place after China) and 13.3 percent of global imports  (first place). Despite the world’s second place after China in some economic indexes such as gross domestic product (at PPP),   size of manufacturingand merchandise trade, USA ranks first in the  world in terms of quality indicators of economic development. It  remains the most powerful economy in the world. The author’s  conclusion is that, the loss of US world leadership in terms of output  indicators has not yet become a global problem for other countries  and world economy in the whole.


2017 ◽  
Vol 25 (2) ◽  
pp. 197-227
Author(s):  
Norhabib Bin Suod Sumndad Barodi

In view of the recent development brought about by the decision of the U.S. Supreme Court in Obergefell v. Hodges, jurisdictions that retain the traditional definition of marriage have sufficient reasons to revisit the concept of marriage under their own laws. This article is an academic effort to explore whether the traditional or historic definition of marriage adopted in the Philippines, as articulated in its Constitution and other pertinent laws like the Code of Muslim Personal Laws of the Philippines can withstand the new norm that Obergefell established in the legal system or constitutionalism of the United States. It attempts to project how the issue of same-sex marriage would be treated and decided in the Philippine context had it been an issue for which the Philippine legal system or constitutionalism is made to respond. This article emphasizes the incompatibility of the Obergefell decision with the Islamic definition of marriage and finds that the same decision is not entirely square with how the issue of same-sex marriage will be dealt with in Philippine constitutionalism.


2020 ◽  
Vol 7 (2) ◽  
pp. 171-189
Author(s):  
M. A. Neimark

While studying the changes in the conceptual foundations of Russian foreign policy from its inception to the present day, an important place is occupied by the systematization of factors, circumstances and trends that predetermined the beginning of overcoming mistakes and errors of the 90s and the transition to its doctrinal sovereignty. The collapse of the USSR became the litmus test of the attitude of the West, primarily the USA, to the new Russia. Having no historical precedent, such a swift — overnight — reverse formation leap from «real socialism» to real capitalism, and by no means the expected transition from confrontational bipolarity to monopolistic unipolarity, predetermined the hopes of B. Yeltsin and his immediate circle for the elimination of past geopolitical antagonisms, high expectations regarding the readiness of the collective West, led by the United States, for an equal dialogue with Russia. That clearly emerged with the regard to the elaboration of the first conceptual model of the foreign policy of Russia in 1993 that in a number of basic parameters had a pronounced american-centric character. The idea of the “westernization” of the foreign policy activity of Russia was pushed primarily by the liberal circles as a panacea for the elimination of the ideological and political pillars of the Soviet system, overcoming the deepest social and economic crisis with the hope, and even with the conviction that the «benevolent hegemon» of the United States and the West as a whole «will help us». The author proceeds from the fact that referring to the sources of the formation of the conceptual base of international activity of Russia, taking into account underestimated or, conversely, overestimated factors, is of great practical importance for updating and optimizing the foreign policy strategy of our country, improving the work of Russian diplomacy and increasing its effectiveness in the fight against new international challenges and threats.


2019 ◽  
pp. tobaccocontrol-2018-054829 ◽  
Author(s):  
Kelly D Blake ◽  
Amanda L Klein ◽  
Laura Walpert ◽  
Len Casey ◽  
Cynthia Hallett ◽  
...  

ObjectiveTo describe the number and proportion of accredited, degree-granting institutions with 100% smoke-free and 100% tobacco-free protections across the USA and by state.MethodsData on postsecondary education institutions from the US Department of Education National Center for Education Statistics Integrated Postsecondary Education Data System 2015, and smoke-free and tobacco-free campus protections from the American Nonsmokers’ Rights Foundation’s Smokefree and Tobacco-Free Colleges and Universities List 2017, were integrated to calculate the number and proportion of: (1) smoke-free and tobacco-free accredited, degree-granting institutions and (2) students and staff protected by campus policies and state laws. Campus protections are given a 100% smoke-free designation if smoking is not allowed on campus anywhere, at any time; 100% tobacco-free designations extend smoke-free protections to include non-combustible products such as smokeless tobacco.Results823 accredited, degree-granting institutions (16.7%) representing 1816 individual campuses, sites and schools have either 100% smoke-free or 100% tobacco-free protections. An estimated 14.9 million college students (26.9%) and 8.9 million faculty and staff (25.4%) are protected by campus policies and state laws. Only three states and two territories have 100% smoke-free or 100% tobacco-free protections in over half of their institutions; four states and six territories have no known 100% smoke-free or 100% tobacco-free campus protections.ConclusionsIn 2017, just 16.7% of accredited, degree-granting institutions in the USA had 100% smoke-free or 100% tobacco-free protections. Despite progress, more efforts can ensure that students and staff benefit from comprehensive 100% smoke-free and 100% tobacco-free protections at US colleges and universities.


Zootaxa ◽  
2019 ◽  
Vol 2719 (1) ◽  
pp. 41
Author(s):  
QING-HAI FAN ◽  
SHERLY GEORGE ◽  
LALITH KUMARASINGHE

The definition of the mite genus Acalvolia is revised. A new species, Acalvolia americana, with conidia of Cladosporium sp. in its gut, intercepted on orange from the United States is described. Currently the genus consists of only one species, and the new species is distinguished from that species by having smooth supracoxal setae, longer setae sci (ratio sce: sci = 2.5–2.7), and longer dorsal idiosomal setae c1, d1 and e1 (reaching to or overlapping the bases of setae in the next row).


2020 ◽  
Vol 11 (4) ◽  
pp. 1160
Author(s):  
Oksana V. HRYSHCHUK ◽  
Pavlo B. PYLYPYSHYN ◽  
Marta R. ROMANYNETS ◽  
Khrystyna V. HORETSKA

The relevance of such a study is that when considering modern Ukraine there is an active interest of philosophers, scientists, lawyers in the study, definition and reconstruction of philosophical and legal studies of the legal system of Ukraine, due to the previous loss of uniqueness because of the totalitarian Soviet regime. The concept of individualism and its impact on the legal system plays an important role in many modern states, including the United States. Individualism, first of all, substantiates personal freedoms, emphasizes the value of an individual. This approach creates a human rights institution that is defined in each state and is protected from interference as a matter of priority. The aim is to study and reveal the concept and nature of the concept of individualism in the philosophy of law, determine its role in shaping the legal system of modern Ukraine and compare the impact of the concept of individualism on the legal system of Ukraine and the United States. This study used the dialectical method, historical and legal method, comparison, analysis and synthesis. The result of this article is a comparison that will allow to understand the influence of individualism on the formation of the system of Ukrainian social consciousness in contrast to the assertion of the consciousness of society under the influence of individualism in the United States.


Author(s):  
Anatoliy Khudoliy

The article deals with American-Chinese and American-Indian relationships in the 21st century. The researcher focused on political, military and economic aspects of cooperation between Washington and Beijing, Washington and New Deli over the last few years of the twenty-first century. The author of the article has analyzed major tendencies of development of American-Chinese relationships in the context of bilateral cooperation during the presidency of Barack Obama and Donald Trump. The economic and security activities of China, oriented to a strengthening of leadership positions of Beijing, as a key actor, in the regional policy were detailed. Along with it, the author shifted attention to Washington priorities in bilateral relations considering its pragmatic purposes and national interests which considerably influence foreign policy course of the United States. Despite close relations between the USA and the People’s Republic of China, there are factors that set limits for the strategic partnerships between the two countries. The author analyzed not only foreign policy of the United States but also the foreign policy strategy of China that hides interventionism behind the economic policy, trade, economic activity and projects such as ‘One belt, one road’. Some cases of conflict situations between China and its neighbors are analyzed in order to highlight problems. The author analyzed definite political and economic steps made by President Trump in order to strengthen American positions and regional security. Under the support of Washington, India, Japan, and Australia play more important roles as regional actors. India’s role in the regional confrontation between the United States and China is well depicted. Since 2017 India increased its positions in exporting goods and services to the United States, which is one of the main markets after China and the EU. Nevertheless, the USA is still a key player in the region. So, developing trade, financial and military relations, the USA is attempting not only to preserve, but also to strengthen its own positions in the Asia-Pacific and, as a result, to contain China.


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