scholarly journals Foreword

2019 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
Educational Opportunity ◽  
Legal Education ◽  
Policy Makers ◽  
The Public ◽  
Legal Reforms ◽  
Current State ◽  
Law And Policy ◽  
The Law

Published: Sudha Setty, Foreword, 41 W. NEW ENG. L. REV. 1 (2019).In this Article, the Author reflects on legal education and the role of law reviews. Law reviews not only serve as an educational opportunity, but offer potential legal reforms to help legal scholars, practitioners, and the public understand possible shortcomings of the current state of the law and help law and policy makers contemplate potential improvements.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Digital Divide Challenge

2008 ◽  
pp. 1431-1439
Author(s):  
Anastasia Papazafeiropoulou ◽  
Anastasia Pouloudi
Keyword(s):  
Digital Divide ◽  
Information And Communication Technologies ◽  
Technology Diffusion ◽  
Information Technologies ◽  
Communication Technologies ◽  
Policy Makers ◽  
The Public ◽  
Information And Communication ◽  
Normative Perspective

Following an initial euphoria about the power of the information superhighway to provide better access to information and wealth for all, what we have experienced in reality instead is that information and communication technologies have created further inequalities at individual, business, national and international level. To ease the effects of this “digital divide,” policy makers have taken up the role of change agencies, influencing the public in using innovative information technologies. This chapter focuses on the role of these change agencies for technology diffusion and the elimination of the digital divide. It is argued that examining the interest of change agencies and the other stakeholders involved in the diffusion process from a normative perspective can help in the preparation of effective information technology diffusion policies.

The Role of the Directors

2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler
Keyword(s):  
Public Interest ◽  
Company Law ◽  
Economic Interests ◽  
Financial Reports ◽  
The Public ◽  
Company Directors ◽  
The Board Of Directors ◽  
The Law ◽  
The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

Last Rights? Funerals, Poverty and Social Exclusion

1998 ◽  
Vol 27 (4) ◽  
pp. 507-524 ◽  
Author(s):  
MARK DRAKEFORD
Keyword(s):  
Public Health ◽  
Social Security ◽  
Welfare State ◽  
Social Exclusion ◽  
Poor People ◽  
The Public ◽  
Current State ◽  
The Impact ◽  
The Welfare State

This article considers the current state of help with funeral expenses in Britain. It argues that assistance has been progressively and deliberately eroded to the point where the famous ‘from the cradle to the grave’ protection of the welfare state has been removed from increasing numbers of poor people. The article sets these developments within the context of the contemporary British funeral industry, with emphasis upon its treatment of less-well-off consumers. The changing nature of social security provision for funeral expenses is traced in detail, including the actions of the incoming 1997 Labour government. This article investigates the public health role of local authorities in the case of burials, concluding that such services are insufficiently robust to meet the new weight placed upon them. The article ends with a consideration of the impact which these different changes produce in the lives of individuals upon whom they have an effect.

Samuel Smith and Judicial Review of Policy Interpretation: A Middle Way in the Law and Policy Divide

2020 ◽  
Vol 32 (3) ◽  
pp. 577-587
Author(s):  
Samuel Ruiz-Tagle
Keyword(s):  
Judicial Review ◽  
Planning System ◽  
Distinctive Character ◽  
Policy Interpretation ◽  
Middle Way ◽  
Law And Policy ◽  
The Law ◽  
Uk Supreme Court ◽  
The Uk

Abstract This analysis explores new developments in judicial review of planning policy interpretation. It shows how the nature of policy, often contextual and judgment-dependent, has led the UK Supreme Court to rethink the standard of review applicable to this issue. By considering the recent decision in Samuel Smith as part of a trilogy of cases—including Tesco Stores and Hopkins Homes—this analysis reveals a change in judicial attitudes, away from the expansive judicial supervision upheld in Tesco Stores. Furthermore, this study reflects on how this change is related to two wider ideas. The first is the Court’s understanding of the law and policy divide in the planning field, whilst the second is to do with a pragmatic stance regarding the purpose of the planning system and the institutional role of the courts in it. Finally, this analysis shows how the new approach emphasises the distinctive character of policy in the planning context.

Climate Change and Renewable Energy from the Ocean and Tides: Calming the Sea of Regulatory Uncertainty

2009 ◽  
Vol 24 (4) ◽  
pp. 617-651 ◽  
Author(s):  
David Leary ◽  
Miguel Esteban
Keyword(s):  
Renewable Energy ◽  
International Law ◽  
Financial Incentives ◽  
Ocean Energy ◽  
Commercial Development ◽  
Policy Makers ◽  
Current State ◽  
Law And Policy ◽  
Wide Scale ◽  
United Nations Convention

AbstractWe examine the state of ocean energy in 2009 and consider its potential as a source of renewable energy. We provide a background on the current state of technology and commercial development, and examine the implications for law and policy of the re-emergence of ocean energy as a source of renewable energy in 2009. In the 1970s much of the academic and policy literature highlighted jurisdictional uncertainty surrounding ocean energy under international law. This is not the case today. Although some questions remain with respect to navigation rights, most questions surrounding the nature and extent of coastal State jurisdiction in relation to ocean energy have been resolved by the 1982 United Nations Convention on the Law of the Sea. Instead we argue that one of the biggest challenges faced by ocean energy today is the uncertain state of regulation under domestic legal systems. We highlight issues requiring attention by policy-makers and legislators, including managing hazards to navigation, providing further financial incentives for wide-scale commercialisation of this technology (such as increased research and development funding and feed-in tariffs) and managing ocean energy's relatively benign environmental impacts.

Tackling money laundering in Tanzania: are private legal practitioners crime enablers or ineffectual and reluctant gatekeepers?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Research Approach ◽  
Related Factors ◽  
Policy Makers ◽  
Content Type ◽  
Legal Reforms ◽  
The Law ◽  
Media Reports ◽  
Legal Frameworks ◽  
Law Reports

Purpose This paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing, detecting and thwarting money laundering and its predicate crimes. Design/methodology/approach The paper applies the “black-letter” law research approach to describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context” research approach to interrogate the anti-money laundering law and to provide an understanding of factors impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering. The review of literature and analysis of statutory instruments and case law, reports of the anti-money laundering authorities and agencies and media reports-generated data are used in this paper. This information was complemented by data from interviews of purposively selected private legal practitioners. Findings Private legal practitioners in Tanzania are vulnerable to money laundering. There is an emerging evidence that indicates the involvement of some private legal practitioners in the commission of money laundering and/or its predicate crimes. The law designates the legal practitioners as reporting persons and imposes on the obligation to fight against money laundering. Law-related factors and practical challenges undermine the capacity of the legal practitioners to curb money laundering. Additionally, certain hostile perceptions contribute to the legal practitioners’ unwillingness, indifference or opposition against the fight against money laundering. Research limitations/implications The paper underscores the need for Tanzania to reform its policy and legal frameworks to create enabling environment for anti-money laundering gatekeepers, including private legal practitioners to partake efficiently in the fight against money laundering. It also underlines the importance of incorporating the principles that govern the private legal practise to enable the practitioners to partake effectively in tackling money laundering. Originality/value This paper generates useful information to private legal practitioners, policy makers and academicians on issues relating to money laundering and its control in Tanzania and presents recommendations on possible policy and legal reforms that can be adopted and applied to augment the role of the legal practitioners in Tanzania to combat money laundering.

A Place for Immigrants in the Ghetto: The Rise and Fall of the NaunynRitze Youth Centre

2018 ◽  
Vol 22 (4) ◽  
pp. 369-386 ◽  
Author(s):  
Serhat Güney ◽  
Bülent Kabaş ◽  
Fatih Çömlekçi
Keyword(s):  
Immigrant Youth ◽  
Social Engineering ◽  
Youth Work ◽  
Artistic Development ◽  
Policy Makers ◽  
The Public ◽  
The Social ◽  
Youth Centre

In this work, we attempt to examine the role of strategies like arts sponsorship and culturalism in the solution of immigrant youth issues around a specific immigrant place. This is a case study that focuses on the NaunynRitze Youth Centre in Berlin-Kreuzberg, which was presented as a successful example by policy makers and the public in the 1990s when the footsteps of the crisis of multiculturalism had begun to be heard in Germany. Our research shows that the social engineering strategies shaped around a multikulti production base are not permanent or sustainable as long as these institutions are also given the responsibility of eliminating the cycle of crime and violence in addition to promote individual artistic development and subcultural entities. As long as political figures and the public opinion continue to generally see the immigrant youth as a danger to the secure and untarnished development of society, it does not appear possible for the multiculturalism and the immigrant youth work system to develop.

The role of Seminary in the Tambov Governorate social life (1867-1884s)

Neophilology ◽  
2019 ◽  
pp. 214-220
Author(s):  
Theodosius (Vasnev)
Keyword(s):  
Moral Education ◽  
19Th Century ◽  
Social Life ◽  
Special Importance ◽  
Education Practice ◽  
The Public ◽  
Current State ◽  
The Social ◽  
The 19Th Century

The Seminary influence on the governorate social life development was an integral part of social processes in the period of 1867-1884, which formed the prototype of the modern education practice. Identification of the Seminary role in the Tambov Governorate social life of the 19th century is a research component of this study, which affects the knowledge of the spiritual and moral education of society current state. Manuscript drafting source was the archival data of Tambov eparchy clergy activities of the late 19th century, the periodical press data of the same period. We interpret the obtained sources in the logic of the general civilized approach to the study of Seminary as an institution of social life characterized by regional aspects. Studies of the role of Seminary in social life have shown the sequence of its formation and development, its further socialization in the social life of the governorate. Special importance is attached to the Tambov Seminary in the years of transformations. Spiritual and moral influence of the Seminary on contemporaries, its increasingly active participation in the public life of the city, the change of its moral appearance contributed to the increase in the authority (role) of the Seminary in the social life of the Tambov Governorate.

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