Law and Literature – a Meaningful Connection

The connection between law and (imaginative) literature can still affect surprisingly. The theme of the present article is to summarize some of the basic features of the movement, which is called „Law and Literature” and to suggest some starting-points with which it is associated. These starting points include, for instance linguistic conception of law, narratology in law or the relations between law and culture. The article offers an overview of the classical approaches connecting law and literature and mentions the reasons for this connection: e.g. cultivation of law and lawyers, improvement of judicial decisions or improvement of legal interpretation. Some of the findings resulting from the joint of law and literature can be used in practice and goes beyond „mere” theory. The article is to be seen as an introduction to the movement of „Law and Literature”, presentation of ideas on which this movement is based and offering the possibility of its further development.

Kwestia niekonstytucyjności roszczenia informacyjnego z art. 2861 p.w.p. – wybrane zagadnienia

Roszczenie informacyjne jest instrumentem prawnym, przy pomocy którego uprawniony z tytuł prawa do patentu, prawa ochronnego na wzór użytkowy, prawa z rejestracji wzoru przemysłowego czy też prawa ochronnego na znak towarowy może domagać się, aby sąd zobowiązał określony podmiot do ujawnienia informacji, które są niezbędne dla skutecznego dochodzenia roszczeń przed sądem. Niejednokrotnie bowiem ze względu na niematerialny charakter praw własności przemysłowej ustalenie naruszyciela tych praw oraz skali samego naruszenia jest znacznie utrudnione. Wokół tytułowego roszczenia informacyjnego na gruncie ustawy Prawo własności przemysłowej powstało szereg kontrowersji, którego zwieńczeniem było wniesienie skargi konstytucyjnej w 2015 roku, oczekującej obecnie na rozstrzygnięcie przez Trybunał Konstytucyjny. Realizacja roszczenia tego rodzaju powoduje bowiem, że ochrona praw podmiotu uprawnionego prowadzi nieuchronnie do ograniczenia praw innego podmiotu – zobowiązanego do udzielenia informacji. Wobec tego szczególnie istotne jest respektowanie zasady proporcjonalności przy ustanawianiu ograniczeń praw i wolności obywatelskich. W niniejszym opracowaniu została rozważona zasadność zarzutów niekonstytucyjności omawianej instytucji prawnej i jej zgodności m.in. z prawem do sądu oraz wolnością działalności gospodarczej w zestawieniu z zasadą proporcjonalności ograniczenia praw konstytucyjnych. Na tle wątpliwości co do zgodności z Konstytucją roszczenia informacyjnego przedstawione zostały także kwestie dotyczące wadliwości implementacji dyrektywy unijnej w zakresie roszczenia o udzielenie informacji. Wszystkie zagadnienia zostały omówione na tle stosunków gospodarczych, w jakich uczestniczą podmioty uprawnione do żądania udzielenia informacji, a także zobowiązane do ich udzielenia.

An ontology for risk management of digital collections

Maintaining accessibility to and understanding of digital information over time is a complex challenge that often requires contributions and interventions from a variety of individuals and organizations. The processes of preservation planning and evaluation are fundamentally implicit and share similar complexity. Both demand comprehensive knowledge and understanding of every aspect of to-be-preserved content and the contexts within which preservation is undertaken. Consequently, means are required for the identification, documentation and association of those properties of data, representation and management mechanisms that in combination lend value, facilitate interaction and influence the preservation process. These properties may be almost limitless in terms of diversity, but are integral to the establishment of classes of risk exposure, and the planning and deployment of appropriate preservation strategies. We explore several research objectives within the course of this thesis. Our main objective is the conception of an ontology for risk management of digital collections. Incorporated within this are our aims to survey the contexts within which preservation has been undertaken successfully, the development of an appropriate methodology for risk management, the evaluation of existing preservation evaluation approaches and metrics, the structuring of best practice knowledge and lastly the demonstration of a range of tools that utilise our findings. We describe a mixed methodology that uses interview and survey, extensive content analysis, practical case study and iterative software and ontology development. We build on a robust foundation, the development of the Digital Repository Audit Method Based on Risk Assessment. We summarise the extent of the challenge facing the digital preservation community (and by extension users and creators of digital materials from many disciplines and operational contexts) and present the case for a comprehensive and extensible knowledge base of best practice. These challenges are manifested in the scale of data growth, the increasing complexity and the increasing onus on communities with no formal training to offer assurances of data management and sustainability. These collectively imply a challenge that demands an intuitive and adaptable means of evaluating digital preservation efforts. The need for individuals and organisations to validate the legitimacy of their own efforts is particularly prioritised. We introduce our approach, based on risk management. Risk is an expression of the likelihood of a negative outcome, and an expression of the impact of such an occurrence. We describe how risk management may be considered synonymous with preservation activity, a persistent effort to negate the dangers posed to information availability, usability and sustainability. Risk can be characterised according to associated goals, activities, responsibilities and policies in terms of both their manifestation and mitigation. They have the capacity to be deconstructed into their atomic units and responsibility for their resolution delegated appropriately. We continue to describe how the manifestation of risks typically spans an entire organisational environment, and as the focus of our analysis risk safeguards against omissions that may occur when pursuing functional, departmental or role-based assessment. We discuss the importance of relating risk-factors, through the risks themselves or associated system elements. To do so will yield the preservation best-practice knowledge base that is conspicuously lacking within the international digital preservation community. We present as research outcomes an encapsulation of preservation practice (and explicitly defined best practice) as a series of case studies, in turn distilled into atomic, related information elements. We conduct our analyses in the formal evaluation of memory institutions in the UK, US and continental Europe. Furthermore we showcase a series of applications that use the fruits of this research as their intellectual foundation. Finally we document our results in a range of technical reports and conference and journal articles. We present evidence of preservation approaches and infrastructures from a series of case studies conducted in a range of international preservation environments. We then aggregate this into a linked data structure entitled PORRO, an ontology relating preservation repository, object and risk characteristics, intended to support preservation decision making and evaluation. The methodology leading to this ontology is outlined, and lessons are exposed by revisiting legacy studies and exposing the resource and associated applications to evaluation by the digital preservation community.

Cywilnoprawne granice optymalizacji podatkowej w zakresie podatku dochodowego od osób prawnych (analiza struktur planowania podatkowego)

Wydział Prawa i Administracji

Representativeness, legitimacy and power in public involvement in health-care management

Public participation in health-service management is an increasingly prominent policy internationally. Frequently, though, academic studies have found it marginalized by health professionals who, keen to retain control over decision-making, undermine the legitimacy of involved members of the public, in particular by questioning their representativeness. This paper examines this negotiation of representative legitimacy between staff and involved users by drawing on a qualitative study of service-user involvement in pilot cancer-genetics services recently introduced in England, using interviews, participant observation and documentary analysis. In contrast to the findings of much of the literature, health professionals identified some degree of representative legitimacy in the contributions made by users. However, the ways in which staff and users constructed representativeness diverged significantly. Where staff valued the identities of users as biomedical and lay subjects, users themselves described the legitimacy of their contribution in more expansive terms of knowledge and citizenship. My analysis seeks to show how disputes over representativeness relate not just to a struggle for power according to contrasting group interests, but also to a substantive divergence in understanding of the nature of representativeness in the context of state-orchestrated efforts to increase public participation. This divergence might suggest problems with the enactment of such aspirations in practice; alternatively, however, contestation of representative legitimacy might be understood as reflecting ambiguities in policy-level objectives for participation, which secure implementation by accommodating the divergent constructions of those charged with putting initiatives into practice.

The negotiability of labor rights: an economic analysis

This paper shows the results of the applied research titled "Negotiating labor rights: an economic analysis", which analyzes the legal regulation on individual labor rights negotiation in Colombia from the viewpoint of basic economic principles (Economic Analysis of Law), in order to identify the inefficiencies caused by the prohibition of this type of negotiations -- After introducing the discipline of the Economic Analysis of Law, this article specifically analyzes the main legal principles that support the prohibition of individual negotiations which summed to the economic characteristics of the agents (workers), produce inefficiency in the labor markets

Confiscated Properties in Cuba: Revisiting the Issue of Legal Settlements after D17- A Panel Discussion

This flyer promotes a panel discussion titled "Confiscated Properties in Cuba: Revisiting the Issue of Legal Settlements after D17". The panelists will discuss the legal and economic implications of dealing with the private properties confiscated by the Cuban revolutionary government from both Cuban and non-Cuban actors. Confirmed participants include: Rolando Anillo, President, Cuban Claims Association Pedro G. Menocal, Partner, Gutierrez Bergman Boulris, PLLC Jose Gabilondo, Associate Professor of Law, FIU Matias F. Travieso-Diaz, retired partner, Pillsbury Winthrop Shaw Pittman LLP. This event was held on November 12, 2015 FIU Modesto A. Maidique Campus, Rafael Diaz Balart Hall 1000

TAKING ORGANIZATIONS SERIOUSLY: RESPONSIBLE AGENCY, ORGANIZATIONS AND THE CRIMINAL LAW

In the post-Enlightenment period, Anglo-American criminal law has been applied with increased force, and an ever expanding scope, to collective actors like corporations and other organizations. Recent scholarship has focused on developing “truly organizational” bases of liability that break with the conventional approach of imputing individual conduct to an organization and instead analyze culpable conduct and intent in a way that reflects the distinct and independent capacity of organizations to pursue their interests or goals collaboratively. In 2004, Canada enacted amendments inspired by these ideas in the hope they would lead to more effective criminal enforcement against organizations. Twelve years later, however, the promise of Bill C-45 is largely unfulfilled. In this thesis, I explore how much of this failure of law reform to deliver transformational change is attributable to an individualist bias that permeates how we think about what it means to be responsible and how this then shapes the responsibility ascription process. Using an analytical framework that combines criminal law theory with selected aspects of rational-structural theory and organization culture, I suggest that a promising way forward may lie in reframing the essential qualities required to be a subject of the criminal law in a way that captures the unique attributes that make organizations different from individuals. The resulting organizational concept of responsible agency allows for an integration of organizational reality into how we assess organizational culpability while keeping the ambit of criminal liability within the limits of what is practicable and fair. This better aligns with the spirit of Bill C-45: to impose criminal liability in a way that takes organizations – and their crimes – seriously.

Expanding our Constitutional Horizons: A Comprehensive Study of Quasi-Constitutionality in Canada

A number of laws in Canada which uphold rights are referred to as quasi-constitutional by the courts in recognition of their special importance. Quasi-constitutional statutes are enacted through the regular legislative process, although they are being interpreted and applied in a fashion which has become remarkably similar to constitutional law, and are therefore having an important affect over other legislation. Quasi-constitutionality has surprisingly received limited scholarly attention, and very few serious attempts at explaining its significance have been made. This dissertation undertakes a comprehensive study of quasi-constitutionality which considers its theoretical basis, its interpretation and legal significance, as well as its similarities to comparable forms of law in other Commonwealth jurisdictions. Part I examines the theoretical basis of quasi-constitutionality and its relationship to the Constitution. As a statutory and common law form of fundamental law, quasi-constitutionality is shown to signify an association with the Canadian Constitution and the foundational principles that underpin it. Part II proceeds to consider the special rules of interpretation applied to quasi-constitutional legislation, the basis of this interpretative approach, and the connection between the interpretation of similar provisions in quasi-constitutional legislation and the Constitution. As a statutory form of fundamental law, quasi-constitutional legislation is given a broad, liberal and purposive interpretation which significantly expands the rights which they protect. The theoretical basis of this approach is found in both the fundamental nature of the rights upheld by quasi-constitutional legislation as well as legislative intent. Part III explores how quasi-constitutional statutes affect the interpretation of regular legislation and how they are used for the purposes of judicial review. Quasi-constitutional legislation has a significant influence over regular statutes in the interpretative exercise, which in some instances results in conflicting statutes being declared inoperable. The basis of this form of judicial review is demonstrated to be rooted in statutory interpretation, and as such it provides an interesting model of rights protection and judicial review that is not conflated to constitutional and judicial supremacy.

Teaching / learning process through the case method in the law degree

This project in teaching innovation and improvement aims to disseminate the case method as one of the most innovative educational instruments inteaching of Law in general, and specifically with regard to Family and Inheritance Law. The methodology used ensures learning through a legal conflict, which must be resolved by the students themselves from different viewpoints as legal agents. This is an activity in teaching innovation, in which students become the protagonists. Participation is voluntary, and the main aim is student motivation. The subject's aim is for students to learn public speaking skills fundamental to the profession while familiarising themselves with judicial practice. Theteacher sets up a legal conflict in order for students to resolve the dispute as legal agents with divergent viewpoints - in other words, as judges, attorneys, lawyers and so on. The project seeks alternatives to traditional teaching methods and is an innovative teaching method aimed at professionally training future lawyers as well as being a model that involves students more in their own learning.