Coação administrativa: limites e responsabilidades

Pós-graduação em Direito - FCHS

GERMANY: Creating New Property Rights on the Basis of General Legal Concepts - Without Limits?

In two cases recently decided by two different senates of the German Federal Supreme Court (Bundesgerichtshof, BGH), the following issue was raised: To what extent can the filming of sports events organized by someone else, on the one hand, and the photographing of someone else’s physical property, on the other hand, be legally controlled by the organizer of the sports event and the owner of the property respectively? In its “Hartplatzhelden.de” decision, the first senate of the Federal Supreme Court concluded that the act of filming sports events does not constitute an act of unfair competition as such, and hence is allowed even without the consent of the organizer of the sports event in question. However, the fifth senate, in its “Prussian gardens and parks” decision, held that photographing someone else’s property is subject to the consent of the owner of the grounds, provided the photographs are taken from a spot situated on the owner’s property. In spite of their different outcomes, the two cases do not necessarily contradict each other. Rather, read together, they may well lead to an unwanted – and unjustified – extension of exclusive protection, thus creating a new “organizer’s” IP right.

Spanish Supreme Court Rules in Favour of Google Search Engine... and a Flexible Reading of Copyright Statutes?

On 3 April 2012, the Spanish Supreme Court issued a major ruling in favour of the Google search engine, including its ‘cache copy’ service: Sentencia n.172/2012, of 3 April 2012, Supreme Court, Civil Chamber.* The importance of this ruling lies not so much in the circumstances of the case (the Supreme Court was clearly disgusted by the claimant’s ‘maximalist’ petitum to shut down the whole operation of the search engine), but rather on the court going beyond the text of the Copyright Act into the general principles of the law and case law, and especially on the reading of the three-step test (in Art. 40bis TRLPI) in a positive sense so as to include all these principles. After accepting that none of the limitations listed in the Spanish Copyright statute (TRLPI) exempted the unauthorized use of fragments of the contents of a personal website through the Google search engine and cache copy service, the Supreme Court concluded against infringement, based on the grounds that the three-step test (in Art. 40bis TRLPI) is to be read not only in a negative manner but also in a positive sense so as to take into account that intellectual property – as any other kind of property – is limited in nature and must endure any ius usus inocui (harmless uses by third parties) and must abide to the general principles of the law, such as good faith and prohibition of an abusive exercise of rights (Art. 7 Spanish Civil Code).The ruling is a major success in favour of a flexible interpretation and application of the copyright statutes, especially in the scenarios raised by new technologies and market agents, and in favour of using the three-step test as a key tool to allow for it.

Does the colonic H,K-ATPase also act as an Na,K-ATPase?

We previously have demonstrated that the colonic P-ATPase α subunit cDNA encodes an H,K-ATPase when expressed in Xenopus laevis oocytes. Besides its high level of amino acid homology (75%) with the Na,K-ATPase, the colonic H,K-ATPase also shares a common pharmacological profile with Na,K-ATPase, because both are ouabain-sensitive and Sch 28080-insensitive. These features raise the possibility that an unrecognized property of the colonic H,K-ATPase would be Na+ translocation. To test this hypothesis, ion-selective microelectrodes were used to measure the intracellular Na+ activity of X. laevis oocytes expressing various combinations of P-ATPase subunits. The results show that expression in oocytes of the colonic H,K-ATPase affects intracellular Na+ homeostasis in a way similar to the expression of the Bufo marinus Na,K-ATPase; intracellular Na+ activity is lower in oocytes expressing the colonic H,K-ATPase or the B. marinus Na,K-ATPase than in oocytes expressing the gastric H,K-ATPase or a β subunit alone. In oocytes expressing the colonic H,K-ATPase, the decrease in intracellular Na+ activity persists when diffusive Na+ influx is enhanced by functional expression of the amiloride-sensitive epithelial Na+ channel, suggesting that the decrease is related to increased active Na+ efflux. The Na+ decrease depends on the presence of K+ in the external medium and is inhibited by 2 mM ouabain, a concentration that inhibits the colonic H,K-ATPase. These data are consistent with the hypothesis that the colonic H,K-ATPase may transport Na+, acting as an (Na,H),K-ATPase. Despite its molecular and functional characterization, the physiological role of the colonic (Na,H),K-ATPase in colonic and renal ion homeostasis remains to be elucidated.

A Framework for Addressing Psychological Inflexibility Among Act Therapists-In-Training.

Novice therapists training in Acceptance and Commitment Therapy (ACT) may encounter challenges in therapy in which their own personal history functions as a barrier to flexible modes of therapeutic engagement with the therapist. From the ACT perspective, counter-therapeutic interpersonal responses may be examined relative to six behavioral sub-processes. It is suggested that the most vulnerable moments for the therapist will involve those in which certain contextual features of therapy pull historical awareness of a painful personal past into relation with the psychological present. This paper hypothesizes that utilizing approaches based in ACT will assist therapists in overcoming these challenges and will illustrate how to approach case formulation and intervention with therapists in training from a functional contextualistic perspective. To begin, the philosophical and theoretical underpinnings of ACT will be outlined in sufficient depth to intellectually ground the model and its therapeutic project. This conceptual foundation will then be brought to applied focus using hypothetical case material, followed by ACT interventions designed to increase clinical flexibility in the given therapeutic scenario. Future research that systematically examines the effectiveness of such methods among therapists is encouraged.

Sales at auction of property of the late Caleb Gannett Esq. of Cambridge, 1818

Eleven-page handwritten list of items sold from the estate of Caleb Gannett, dated May 29, 1818. Items are arranged by house location (such as "in the kitchen") and entries consist of the item name, the purchaser, and the price. The list includes a substantial section of "books in Office sold June 3, 1818." The verso of the last page includes the note: "Account of Sales at auction of the personal estate of C. Gannett- copied from auctioneer's book."

The compulsory sale of real estate under the powers of the Partition Act, 1868, as amended by the Partition Act, 1876,

Mode of access: Internet.

General rules and regulations and forms under the Public utility holding company act of 1935.

At head of title: 1937- Securities and exchange commission, Washington, D.C.

Trading with the enemy act : interim report of the Subcommittee to Investigate the Administration of the Trading with the Enemy Act to the Committee on the Judiciary, United States Senate (pursuant to S. Res. 245, 82d Congress)

At head of title: Committee print.

Essays on the devolution of land upon the personal representative and statutory powers relating thereto, with an appendix of statutes,

Mode of access: Internet.

List of companies registered under the investment company act of 1940.

Report year ends June 30.

Historical law-tracts.

"The discourses relate, each of them, to subjects common to the law of England and of Scotland."--Pref.

Department of Mental Health and Developmental Disabilities Confidentiality Act : (740 ILCS 110/1 et seq.).

"P.A. 80-1508."

Illinois Business Brokers Act of 1995.

"Nov. 1997 540 GA-197"--P. [ii].

Illinois Loan Brokers Act of 1995.

"Effective January 1, 1996 (as amended through July 8, 1997)."