901 resultados para Sebok, Anthony J.: Legal positivism in American jurisprudence


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A landmark treatise on the law of copyright, establishing a body of work that still has great relevance for professionals and academics today.
The commentary situates the publication of the treatise in the context of the emerging trends in legal publishing in the mid- to late nineteenth century. It considers Copinger's theoretical approach to the subject of copyright, and explores the significance of the writings and work of two American jurists George Ticknor Curtis and Justice Joseph Story in shaping Copinger's attitude and approach to the copyright regime.

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The national welfare state, so it seems, has come under attack by European integration. This article focuses on one facet of the welfare state, that is, health care and on one specific dimension, that is, cross-border movement of patients. The institution which has played a pivotal role in the development of the framework regulating the migration of patients is the European Court of Justice (ECJ). The Court’s activity in this sensitive area has not remained without critics. This was even more so since the Court invoked Treaty (primary) law which not only has made it difficult to overturn case law but also has left the legislator with very little room for manoeuvre in relation to any future (secondary) EU law. What is therefore of special interest in terms of legitimacy is the legal reasoning by which the Court has made its contribution to the development of this framework. This article is a re-appraisal of the legal development in this field.

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Commercial forms of sex such as prostitution/sex work, strip clubs and even sex shops have been the subject of much political debate and policy regulation over the last decade or so in the UK and Ireland. These myriad forms of commercial sex and land usage have managed to survive and even thrive in the face of public outcry and regulation. Despite being part of the UK we suggest that Northern Ireland has steered its own regulatory course, whereby the consumption of commercial sexual spaces and services have been the subject of intense moral and legal oversight in ways that are not apparent in other UK regions. Nevertheless, in spite of this we also argue that the context of Northern Ireland may provide some lessons for the ways that religious values and moral reasoning can influence debates on commercial sex elsewhere.

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This paper begins by outlining and critiquing what we term the dominant anglophone model of neo-liberal community safety and crime prevention. As an alternative to this influential but flawed model, a comparative analysis is provided of the different constitutional-legal settlements in each of the five jurisdictions across the UK and the Republic of Ireland (ROI), and their uneven institutionalization of community safety. In the light of this it is argued that the nature of the anglophone community safety enterprise is actually subject to significant variation. Summarizing the contours of this variation facilitates our articulation of some core dimensions of community safety. Then, making use of Colebatch’s (2002) deconstruction of policy activity into categories of authority and expertise, and Brunsson’s (2002) distinction between policy talk, decisions and action, we put forward a way of understanding policy activity that avoids the twin dangers of ‘false particularism’ and ‘false universalism’ (Edwards and Hughes, 2005); that indicates a path for further empirical enquiry to assess the ‘reality’ of policy convergence; and that enables the engagement of researchers with normative questions about where community safety should be heading.

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Encryption of personal data is widely regarded as a privacy preserving technology which could potentially play a key role for the compliance of innovative IT technology within the European data protection law framework. Therefore, in this paper, we examine the new EU General Data Protection Regulation’s relevant provisions regarding encryption – such as those for anonymisation and pseudonymisation – and assess whether encryption can serve as an anonymisation technique, which can lead to the non-applicability of the GDPR. However, the provisions of the GDPR regarding the material scope of the Regulation still leave space for legal uncertainty when determining whether a data subject is identifiable or not. Therefore, we inter alia assess the Opinion of the Advocate General of the European Court of Justice (ECJ) regarding a preliminary ruling on the interpretation of the dispute concerning whether a dynamic IP address can be considered as personal data, which may put an end to the dispute whether an absolute or a relative approach has to be used for the assessment of the identifiability of data subjects. Furthermore, we outline the issue of whether the anonymisation process itself constitutes a further processing of personal data which needs to have a legal basis in the GDPR. Finally, we give an overview of relevant encryption techniques and examine their impact upon the GDPR’s material scope.

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The advancements in medical science and technology have proved to be a boon to mankind. At the same time they have raised numerous challenges before the legal systems of the world. One such advancement is that of assisted human reproductive technologies and particularly surrogacy, which have given a new meaning to the concept of procreation. These technologies have made it possible for individuals to beget a genetically related child with the help of a third party and without sexual intercourse. Among all the assisted human reproductive technologies, the practice of surrogacy, in which women agree to have their bodies used to undergo a pregnancy and give birth to a baby for another, has raised various legal and human right controversies and diverse legal responses all over the world. India has particularly become a top destination for individuals who wish to beget a child through surrogacy and hence it is imperative for the Indian government to address the challenges posed by surrogacy. This study is an attempt to examine the need and importance of surrogacy practices and the conflicting legal and human rights issues raised by surrogacy in contemporary times. It also examines the adequacy of existing legal framework in India and attempts to provide pragmatic solutions for regulating surrogacy and protecting the interests of various stakeholders involved in surrogacy.

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Thesis (Ph.D.)--University of Washington, 2016-07

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Thesis (Ph.D.)--University of Washington, 2016-06

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Thesis (Ph.D.)--University of Washington, 2016-08

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INTRODUCTION Young people with psychosis typically have higher rates of premature cardiovascular disease and metabolic disorders compared to non-psychotic peers. This has been primarily due to a sedentary lifestyle, poor diet composition, misuse of harmful substances and higher rates of obesity and smoking. When prescribed obesogenic antipsychotic medication, a weight gain of >12 kg within 2 years is typical. PURPOSE: To examine the benefits of a 12 wk exercise and lifestyle intervention entitled ‘Supporting Health and Promoting Exercise’ (SHAPE) for young people recently diagnosed with psychosis. METHODS Participants (n=26; 8 females; mean age 27.7 ± 5.1) engaged in weekly 45’ education sessions on healthy lifestyle behaviors, including: managing anxiety and depression, mindfulness and relaxation training, substance misuse, smoking cessation, healthy eating and nutritional advice, dental and sexual health care. This was followed by a 45’ exercise session including activities such as circuit and resistance training, yoga, and badminton, led by qualified exercise instructors. Anthropometric data were measured at baseline, 12 wk and 12 month post-intervention. Lifestyle behaviors and clinical measurements, including resting heart rate, blood pressure, total cholesterol, triglycerides, HbA1c and prolactin, were assessed at baseline and 12 months post-intervention as part of their routine clinical care plan. Significant differences over time were assessed using Paired Sample t-tests. RESULTS SHAPE participants (n=26) presented with first episode psychosis (n=11), schizophrenia (n=11), bipolar disorder (n=2), at risk mental state (n=1), and persistent delusion disorder (n=1) of which 52% were prescribed highly obesogenic antipsychotic medications (Clozapine and Olanzepine). Mean baseline data suggests participants were at an increased health risk due to elevated values in mean BMI (70% were overweight or obese), waist circumference, resting heart rate, and triglycerides (see Table 1 & 2). Over 50% reported smoking daily and 85% had elevated resting blood pressure (>120/80 mm Hg). At 12 wk post-intervention, no changes were observed in mean BMI or waist circumference (see Table 1); 19 participants either maintained (mean 0.5 kg: range ± 2 kg) or decreased (mean -5.7 kg: range 2-7 kg) weight; 7 participants increased weight (mean 4.9 kg: range 2.0-9.6 kg). At 12 month post-intervention (n=16), no change was evident in mean BMI, waist circumference, or any other clinical variable (see Table 2). Positive impacts on lifestyle behaviors included 7 participants eating ~400g of fruit/vegetables daily, 2 ceased substance use, 2 ceased alcohol use, 4 ceased smoking and 5 were less sedentary. CONCLUSION At the start of the programme, participants were already at an increased risk for cardiometabolic disorders. Findings suggest that SHAPE supported young people with psychosis to: -attenuate their physical health risk following a 12 wk exercise and lifestyle intervention which were sustained at 12 months follow up. -make positive lifestyle behavior changes leading to sustained improvements in weight maintenance and physical health.

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Do alien invasive species exhibit life history characteristics that are similar to those of native species that have become pests in their continent of origin? We compared eucalypt specialists that have become pests in Australian plantations (natives) to those that have established overseas (aliens) using 13 life history traits and found that although traits that support rapid population build-up were shared, overall, aliens and native colonisers differed significantly. Distance from source (New Zealand vs. other) had no significant effect, but species that established more than 50 years ago exhibited different life history traits from those that established within the last 50 years, possibly because of more effective quarantine. Native and alien eucalypt insect invaders differed predominantly in traits that facilitate long-distance movement (pathway traits), compared to traits that facilitate establishment and spread. Aliens had longer adult flight seasons, were smaller and more closely host-associated (cryptic eggs and larvae), had lower incidence of diapause (i.e. were more seasonally plastic) and more generations per year than natives. Thus, studies of species invasive within their country of origin can shed light on alien invasions.

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Since America’s beginnings as a British colony, its musical standards have adhered to those of Western Europe. For this reason, musical forms native to America like Black folk spirituals and Gospel music have historically been marginalized in favor of music in the Western classical tradition. Today, a bias towards music of the Western classical tradition exists in those American universities that grant music degrees. While this bias is understandable, inclusion of Gospel music history and performance practice would result in a more complete understanding of American music and its impact on American nationalism. The United States Naval Academy is one of the few American universities that have consistently elevated the performance of Gospel music to the level of Western Classical music within its institutional culture. The motivations for writing this document are to provide a brief history of Gospel music in the United States and of choral music at the Naval Academy. These historical accounts serve as lenses though which the intersection of Gospel music performance practice and leadership development at the United States Naval Academy may be observed. During the last two decades of the twentieth century, Gospel music intersected American military culture at the U.S. Naval Academy. After a few student-led attempts in the 1970s, a Gospel Choir was formed in 1986 but by 1990, it had become an official part of the Music Department. Ultimately, it received institutional support and today, the Gospel Choir is one of three touring choirs authorized to represent the Academy in an official capacity. This document discusses the promotion of Gospel music by the Naval Academy in its efforts to diversify Academy culture and ultimately, Naval and Marine Corps leadership. Finally, this dissertation examines the addition of performed cultural expression (Gospel music) in light of a shift in American nationalism and discusses its impact on Naval Academy culture.

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Many studies have observed the precipitous decline in American shipping following the Second World War. Most focus on changes in maritime policy and the upsurge of flags of convenience. Yet this interpretation relegates mariners to a footnote. This thesis argues that America abandoned its seamen years before it abandoned its merchant marine, and that the labor story is an integral and largely overlooked dimension of the industry’s broader decline. It explores how the status and makeup of American seamen underwent monumental shifts from 1935 to 1955. Increased nationalization, improved conditions, and a patriotic cause boosted the standing of the industry, but federal and union intervention also changed the composition of the workforce and even eroded seamen’s status. These greater controls on mariners negatively affected the industry and this work contends that labor played a role in the transformation, and even decline, of the overall American Merchant Marine.

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This article sets out to demonstrate how the exclusive equation of emotions with femininity is a cultural and historical construction. It analyzes the close, though often veiled, relationship between masculinity and sentiment in American culture and history, especially with a view to demonstrating the political potential of men’s emotions to transform the existing social order. The argument is that friendships and emotional attachments between men could contribute not only to enriching men’s emotional lives but also, and above all, to erasing sexism, racism, and homophobia from our societies. It is argued that men’s friendships with other men might play a fundamental role in promoting greater social equality, as a number of Walt Whitman’s poems, all of them written in the first person, will help illustrate.