scholarly journals John Doe Subpoenas: Toward a Consistent Legal Standard

2008 ◽  
Vol 118 (2) ◽  
pp. 320 ◽  
Author(s):  
Nathaniel Gleicher
Keyword(s):  
Legal Standard

Orders Not to Resuscitate: The Sharon Siebert Case

1981 ◽  
Vol 2 (5) ◽  
pp. 3-7
Author(s):  
George J. Annas
Keyword(s):  
Do Not Resuscitate ◽  
Lower Court ◽  
Legal Standard ◽  
Dnr Orders

In a previous column I discussed the testimony of a number of nurses in the case of Ms. Sharon Siebert. That case was decided by a lower court on February 13, 1981, and this column discusses Judge Lindsay G. Arthur's opinion. Jane Hoyt, a friend, not a relative, of Ms. Siebert, brought suit to enjoin an order not to resuscitate that had been written on Ms. Siebert. The case raised a number of important issues, including whether the court would allow a suit brought by someone in Ms. Hoyt's position vis-à-vis the patient, and if it did, what legal standard the court might require in the writing of Do Not Resuscitate (DNR) orders.

Requirements for Amicus Curiae Participation in International Investment ArbitrationA Deconstruction of the Procedural Wall Erected in Joint ICSID Cases ARB/10/25 and ARB/10/15

2013 ◽  
Vol 12 (3) ◽  
pp. 365-390 ◽  
Author(s):  
Christian Schliemann
Keyword(s):  
International Law ◽  
International Investment ◽  
Recent Attempt ◽  
Arbitral Tribunal ◽  
Amicus Curiae ◽  
Legal Rules ◽  
Investment Arbitration ◽  
Legal Standard ◽  
Investment Law

Abstract The legal standard on amicus curiae participation in international investment arbitration has been forged by the judicial development of legal rules and, in parallel, the modification of normative sources, such as the ICSID Arbitration Rules. Current and future decisions by arbitral tribunals on the participation of amicus curiae in a given dispute must abide by this consolidated standard. In June 2012, the arbitral tribunal in Joint ICSID Cases No. ARB/10/15 and No. ARB/10/25 released a procedural order, rejecting an amicus petition. This Order contains various deviations from the applicable legal standard and severely restricts the options for amicus participation. The recent attempt to strengthen the legitimacy of international investment arbitration by allowing for greater amicus participation and the acknowledgement of the interdependence of investment law and other areas of international law is thereby put in peril.

scholarly journals Kedudukan Dinas Pertanahan Aceh Dalam Penyelesaian Sengketa Pertanahan Pasca Perpres Nomor 23 Tahun 2015

2019 ◽  
Vol 3 (3) ◽  
pp. 395-416
Author(s):  
Rahmat Nofrizal ◽  
Husni Jalil ◽  
Muhammad Saleh
Keyword(s):  
Dispute Resolution ◽  
Significant Role ◽  
Research Method ◽  
Public Access ◽  
Land Conflicts ◽  
State Institutions ◽  
Land Dispute ◽  
Legal Standard ◽  
Land Disputes ◽  
Regional Land

Pada tahun 2016, Pemerintah Aceh membentuk Dinas Pertanahan Aceh yang kewenangannya mengurusi di bidang pelayanan pertanahan. Salah satu kewenangannya adalah dalam hal penyelesaian sengketa pertanahan. Pada Kenyataannya, Badan Pertanahan Nasional (BPN) juga memiliki kewenangan dalam penyelesaian sengketa pertanahan di Aceh. Terdapat tumpang tindih kewenangan dua lembaga negara dalam hal penyelesaian sengketa pertanahan di Aceh. Penelitian ini bertujuan untuk mengetahui kedudukan Dinas Pertanahan Aceh dalam penyelesaian sengketa pertanahan pasca Perpres Nomor 23 Tahun 2015. Penelitian ini menggunakan metode penelitian yuridis normatif. Hasil penilitian menunjukkan bahwa kedudukan Dinas Pertanahan Aceh memiliki peranan penting dalam penyelesaian sengketa pertanahan yang terjadi di Aceh. Lahirnya Dinas Pertanahan Aceh dapat mempermudah akses masyarakat dalam hal penyelesaian konflik tanah. Disarankan DPR Aceh bersama Gubernur Aceh perlu mempercepat proses pengesahan draf Qanun Pertanahan Aceh sebagai payung hukum bagi Dinas Pertanahan Aceh dalam mengoptimalkan peran dan fungsinya terkait penyelesaian sengketa pertanahan di Aceh.In 2016, the Aceh Government formed the Regional Land Office of Aceh whose authority held government affairs in land services. One of the authorities of the Regional Land Office of Aceh is in terms of land dispute resolution and conflict. The National Land Agency (BPN) also has authority in resolving land disputes in Aceh. There are overlaps in the authority of two state institutions regarding resolving land disputes in Aceh. This study aims to determine the position of the Regional Land Office of Aceh in settlement of land disputes after the issuance of the Presidential Regulation Number 23 of 2015. This study uses a normative juridical research method. The research results show that the position of the Regional Land Office of Aceh has a significant role in resolving land disputes that occurred in Aceh. The establishment of The Regional Land Office of Aceh can facilitate public access in terms of resolving land conflicts. It is suggested that the Aceh House Representative together with the Governor of Aceh need to accelerate the process of ratifying the draft of Qanun (Islamic bylaw) of Aceh Land as a strong legal standard for the Regional Land Office of Aceh in optimizing its roles and functions related to land dispute resolution in Aceh.

scholarly journals MORTGAGOR’S LIABILITY FOR THE PRESERVATION OF THE VALUE OF A MORTGAGED REAL ESTATE

TEME ◽  
2020 ◽  
pp. 065
Author(s):  
Milica Vučković ◽  
Miroslav Lazić
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
Civil Liability ◽  
Due Diligence ◽  
Legal Standard ◽  
Real Risk ◽  
The Relationship

In this paper, the authors analyze the civil law liability of a mortgage debtor (mortgagor) in cases where the debtor breaches the obligation of treating the mortgaged real estate in compliance with the legal standard of acting with due diligence of “a good host” or “a good businessman,” and thus depreciates its value to the extent that jeopardizes the possibility of enforcing the claim. Given the accessory nature of mortgage which is aimed at securing the claim as the primary right, this form of civil liability and the corresponding rights of the mortgage creditor (mortgagee) are applicable before raising the issue of traditional civil law liability, which implies the maturity of the receivables and compensation for the damage sustained by the creditor. This form of civil liability may also be used preventively when there is a real risk of causing damage to the mortgagee. The relationship between civil law liability and the insurance of the mortgaged asset implies that they do not exclude but complement each other.

Fairly Bland: an alternative view of a supposed new ‘Death Ethic’ and the BMA guidelines

Legal Studies ◽  
2001 ◽  
Vol 21 (4) ◽  
pp. 618-643 ◽  
Author(s):  
David Price
Keyword(s):  
Decision Making ◽  
Medical Treatment ◽  
Mental State ◽  
Best Interests ◽  
Alternative View ◽  
Common Language ◽  
Net Benefit ◽  
Sanctity Of Life ◽  
Legal Standard ◽  
Polar Opposite

Recently in this journal John Keown attacked the BMA Guidance published on ‘Withholding and Withdrawing Life-prolonging Medical Treatment’, arguing that it was, fundamentally at odds with the sanctity of life doctrine as properly understood, condemning the intentional termination of individuals' lives. In riposte it is asserted that even this modified version of the doctrine cannot support a defensible moral or legal standard for decision-making here, being founded upon an excessive emphasis on the mental state of the clinician and an inappropriately narrow focus on the effects of the proposed treatment on the ‘health’ of the patient, as opposed to being primarily driven by the (best) interests of the patient. The attempt to divorce treatment decisions from broader evaluations of the net benefit or other otherwise able to be attained by the patient from such treatment, including the taking into account of the individual's handicapped state, accordingly fails. Acceptance of such reality is, at the least, the first step toward a common language for further dialogue even between those with polar opposite opinions in this sphere.

scholarly journals Eliciting Multi-Dimensional Care through Liability and Regulation

2016 ◽  
Vol 7 (3) ◽  
pp. 279-303 ◽  
Author(s):  
Yeon-Koo Che
Keyword(s):  
Asymmetric Information ◽  
Level Of Care ◽  
Preventative Care ◽  
Settlement Rate ◽  
Legal Standards ◽  
Legal Standard ◽  
Settlement Behavior ◽  
Legal Costs ◽  
Perverse Effect ◽  
Negligence Rule

Abstract This paper examines the incentive performance of liability and regulation when a potential injurer can take two types of preventative care, one of which is observed and one of which is not. The problem is studied in a general asymmetric information model, where settlement behavior is endogenous and which incorporates an uncertain legal standard. Contrary to existing literature, we find (1) a shift to a negligence rule may have a perverse effect on unobserved care; (2) uncertainty in legal standards may be socially beneficial as it provides a relatively good incentive for unobserved care; (3) a regulation may not be effective if preventative care efforts are substitutes but is effective if they are complements; (4) an increase in settlement rate may or may not increase the level of care, depending on the cause of the increase; (5) a “decoupling” arrangement with a feature that the defendant pays more than the plaintiff recovers, reduces legal costs and is therefore socially beneficial.

Features of the application of the international legal standard of expropriation in energy disputes

2021 ◽  
pp. 143
Author(s):  
Aleksei Shiyanov
Keyword(s):  
State Policy ◽  
International Investment ◽  
Energy Sector ◽  
The State ◽  
Bilateral Investment Treaties ◽  
Host State ◽  
Legal Standard ◽  
Legal Obligations ◽  
Energy Charter Treaty ◽  
Regulatory Measures

The article considers the specifics of the application by international investment arbitrations of the rules on expropriation in accordance with the Energy Charter Treaty of 1996 and bilateral investment treaties. Examples are given of how disputes related to activities in the energy sector are protected from expropriation and state regulatory measures are qualified as direct and indirect expropriation. The criteria and reasons used by the arbitrators in determining whether the expro-priation constitutes a violation of international legal obligations by the host State, as well as determining the components and extent of the damage caused, are set out. Conclusions are drawn and recommendations are made regarding the legal support of the state policy in the energy sector to minimize the likelihood of liability for expropriation.

Sign in / Sign up

Export Citation Format

Share Document