Analysis Of Law Research Articles

A facile design of porous heat sink optimized thermodynamically for thermo-hydraulic performance

Implementing active cooling through micro-channel heat sinks integrated with printed circuit heat exchangers demands a simultaneous enhancement of thermal and hydraulic performance, all while avoiding complex designs for ease of fabrication. We propose a porous wall embedded double-layered micro-channel heat sink, aiming to decrease the necessary pumping powers while maintaining a minimal impact on the heat transfer rate. Additionally, this design simplifies geometric complexities, enhancing ease of fabrication. We assessed the feasibility of different porous embedded double-layered micro-channel heat sink configurations by evaluating their thermal and hydraulic performance. Our analysis uniquely integrates the principles of the second law of thermodynamics with traditional first law analysis, providing novel insights into heat sink design. We discovered that configuring porous walls solely in the top layer of the double-layered micro-channel heat sink is the only viable option. Furthermore, our analysis reveals that embedding porous walls exclusively in the top layer reduces irreversibility due to frictional losses by 9.13 %, with a slight increase in irreversibility due to heat transfer by 1.55 %, in comparison to the solid double-layered micro-channel heat sink at a flow rate of 1000 ml/min. Moreover, at the same flow rate, compared to configuration with porous walls in both layers, the top layer configuration exhibits improved thermal performance by 17.28 %. Next, we demonstrate that while the first law analysis indicates the viability of the top porous configuration, the second law analysis limits its viability to a certain coolant flow rate range. Finally, we optimize the heat sink design and coolant flow rates, proposing a viable design by simply incorporating porous walls in only the top layer of double layered micro-channel heat sink, which otherwise proved to be non-viable.

교통장애인의 교통복지 포용정책에 관한 연구:이동편의와 교통복지의 딜레마

The purpose of this study is to examine various policies to promote the mobility of people with transportation disabilities, to identify problems and improvement measures in terms of transportation welfare, and to identify dilemmas in transportation welfare inclusion policies due to the strengthening of transportation rights and regulations. The scope of the study is limited to the current situation in Korea since the enactment of the Act on the Promotion of Mobility Convenience for the Transportation Disadvantaged in 2005, and the spatial scope is limited to the central ministries that manage transportation welfare inclusion policies related to the promotion of transportation convenience for the transportation disabled in Korea and abroad. Although previous studies have provided facility functions, practical and policy alternatives for transportation safety of people with disabilities, the comprehensive status of transportation welfare of people with disabilities, analysis of media reports, laws, and case studies have been overlooked. When the transportation safety of people with disabilities becomes an issue, it is necessary to find out the key factors for solving the problem by their characteristics and focus policy resources to solve the problem. In conclusion, this study is expected to contribute to the current situation where social problems of people with transportation disabilities remain, by identifying trends in transportation welfare, which is an antecedent factor of traffic safety, to check the current status of transportation welfare support for people with transportation disabilities and to provide basic data for social welfare intervention.

Pivotal Significance of Alternative Dispute Resolution Within the Realm of Financial Institutions

Alternative Dispute Resolution (ADR) is vital in resolving financial disputes. This research provides comparative analysis of ADR laws, regulations, and case law from the US, UK and India. It underscores ADR's importance in the financial industry, citing benefits like efficiency, cost-effectiveness, confidentiality, relationship preservation, and improved outcomes for institutions. The study reveals that ADR is a valuable global mechanism for resolving financial disputes, with each jurisdiction having unique frameworks and practices. Understanding these legal landscapes and utilizing ADR can aid institutions in navigating complex disputes and promoting effective conflict resolution. The paper primarily focuses on understanding guidelines, reports, and the evolving use of ADR by financial institutions. It also examines if financial disputes differ from other commercial disputes. Overall, the research highlights the significance of dispute resolution in financial institutions and the role of ADR as an alternative approach.

A Comparative Analysis of Immigration Laws: Case Studies of the Canada, Germany, the United States of America (USA) and the United Kingdom (UK)

A Comparative Analysis of Immigration Laws: Case Studies of the Canada, Germany, the United States of America (USA) and the United Kingdom (UK)

BLASPHEMY LEGISLATION IN INDIA: SPOTLIGHT ON PUNJAB'S NEW LAW AND ITS IMPLICATIONS

This article delves into the contentious issue of blasphemy and the specific context of blasphemy laws in India, with a focus on the introduction of such legislation in Punjab, a state in northern India. Blasphemy, defined as the act of showing contempt or disrespect towards religious beliefs or sacred objects, has long been a sensitive subject with implications for religious freedom and social harmony. The article examines the historical and legal background of blasphemy laws in India, highlighting the recent development of Punjab becoming the first state in India to enact its own blasphemy legislation. Through an analysis of the Punjab blasphemy law, the article explores the provisions, controversies, and potential ramifications of such legislation on freedom of expression, religious tolerance, and communal harmony. It also considers the various perspectives surrounding blasphemy laws, including arguments for their necessity in protecting religious sentiments and arguments against them, emphasizing the potential for misuse and stifling of dissent.

The Main Directions of Supranational Regulation of the Digital Space in the EAEU at the Present Stage

Introduction. The study of the main directions of supranational regulation of the digital space is an important task in the context of the constant complication and expansion of social relations in the digital sphere. The creation of effective and progressive regulation in the relevant area can become the basis for increasing the competitiveness of the EAEU on the world stage. At the same time, the corresponding issues have been practically not studied in the domestic academic literature. Within the framework of this article, an attempt has been made to comprehensively assess the system of supranational regulation of the digital space in the EAEU, to identify its strengths and weaknesses.Materials and methods. The methodological basis of the study was made up of general scientific and special scientific methods. General scientific methods are presented: analysis, synthesis, inductive-deductive method, systematic method. Special scientific methods include: the method of systemic analysis of law, the comparative legal method, the formal legal method. The research materials are presented by supranational acts of the EAEU (primarily the Treaty on the EAEU and its protocols), official documents and statements, as well as doctrinal concepts and approaches.Results of the study. The article analyzes and evaluates the key areas of supranational regulation of the digital space in the EAEU at the present stage. The conceptual and legal foundations of the relevant regulation are identified (including in comparison with the EU approach to supranational regulation of the digital space) and their role and significance for the development of supranational regulation of the digital space in the EAEU is analyzed. Changes in the customs legislation of the EAEU in terms of supranational regulation of external (with the participation of residents of third countries) electronic trade are involved in scientific circulation.Discussion and conclusion. Based on the results of the study, it was concluded that currently the system of supranational regulation of the digital space in the EAEU is at the stage of its formation and extends only to four main areas: the circulation of non-personal data, public procurement, intellectual property protection and external electronic commerce. At the same time, recent initiatives in the field of supranational regulation of external electronic commerce represent an important step towards a new stage in the development of digital aspects of Eurasian integration.

Evaluate' the Rights and Obligations of the Lecturer: Improving the Quality of Professional Higher Educators in South Sumatra (CIPP Evaluation Model Analysis of Law of the Republic of Indonesia no. 14 of 2005 Concerning Teachers and Lecturers)

Evaluate' the Rights and Obligations of the Lecturer: Improving the Quality of Professional Higher Educators in South Sumatra (CIPP Evaluation Model Analysis of Law of the Republic of Indonesia no. 14 of 2005 Concerning Teachers and Lecturers)

ON THE POSSIBILITY OF INTERDISCIPLINARY ANALYSIS OF CRIMINAL PROCEEDINGS THROUGH THE IDEAS AND PRINCIPLES OF ECONOMIC SCIENCE

Criminal procedural law and criminal proceedings are quite often studied in modern legal science in the context of the development of illegal practices of an economic nature. However, at present, the patterns of transformation of economic activity determine not only the specificity of objects and the objective side of illegal acts, but also allow, through economic analysis of law, to expand scientific approaches to the substantive characteristics of the criminal process and legal proceedings. Such an interdisciplinary approach is extremely rarely used in modern scientific research, which determines the relevance of the analysis undertaken. The purpose of the presented research is to identify the peculiarities of the influence of the economy on criminal procedural law and criminal proceedings. The author comes to the conclusion that economic relations currently serve as the basis not only for the functioning of the state, but also the activities of individuals and legal entities are quite often focused on certain patterns of this area. It is noted that modern man is largely reoriented to the principles of economic interaction, and therefore other processes can be perceived through the prism of economic approaches. In this context, the possibility of considering criminal proceedings at the intersection of economics and law is substantiated. Attention is focused on modern views regarding the economic model of the criminal process and legal proceedings, corresponding to modern criminal practice and the perception of the corresponding illegal functioning on the part of the individual, society and the state.

Conceptualizing Climate Law in India

Abstract This article highlights the importance of differentiating between environmental law and climate law in India, and, in doing so, analyses what counts as climate law in that country. It identifies three overarching approaches (trickle-down; Environmental Impact Assessment as climate law; and human rights law and climate change) that the current literature adopts to study and analyse climate law in India. We argue that none of these approaches comprehensively covers climate change mitigation measures adopted in this country. We propose an alternative approach to the analysis of climate law in India, which we call ‘administrative layering’. Accordingly, we outline a three-step process to identify and conceptualize climate law in India.

On Expanding the Range of Victims of Coercion To Testify

Building a state governed by the rule of law involves improving the mechanism for combating encroachments on justice ensuring observance of human and civil rights and freedoms. In changing criminology realities, in the focus of discussion are the ways to increase the effectiveness of guaranteesaimed to observe the rights and freedoms of persons involved in criminal proceedings, also with the help of criminal legal means. The paper presents the criminal law analysis of the signs of a victim of coercion to testify (Article 302 of the Criminal Code of the Russian Federation). The subject of the study is the set of definitions used by the legislator to describe the signs of a victim of coercion to testify, as well as the provisions of criminal procedure legislation regulating the legal status of participants in criminal proceedings protected by the norm under consideration. The analysis of the stated problems is based on the legal views of the highest judicial authorities, with regard to historical, legal and doctrinal aspects. An interdisciplinary approach made it possible to identify the peculiarities of the legal status of persons classified by the legislator as victims of coercion to testify. The paper analyzes the legal status of the person whose criminal case was severed from the rest as a result of a plea bargain with him, as well as the person against whom proceedings to take compulsory measures of medical nature are conducted. The study focuses on the applicant, the eyewitness, the victim of the crime and parties of no procedural status but possessing important criminal information. The current criminal legislation does not provide for bringing the offenders to justice in case of undue influence against parties with an informal procedural status in the course of criminal proceedings. The paper substantiates the need to classify these parties as victims of coercion to testify. There is a discrepancy in the terminology of criminal and criminal procedure laws, and imbalance in providing punishment according to general and special rules. The undertaken research proposes to improve the legal and clerical condition of the current version of Article 302 of the Criminal Code of the Russian Federation in terms of clarifying the range of victims, and to review the penalty with regard to the general rule.

Estimating the higher heating value and chemical exergy of solid, liquid, and natural gas fossil fuels

The escalating global population has spurred a significant surge in energy demand. While developed nations pivot towards renewable energy sources, many developing countries rely heavily on fossil fuels. Understanding these fuels' higher heating value and chemical exergy is crucial for energy analysis, second law analysis, optimal energy generation, and resource conservation.This study introduces an adaptable analytical method for calculating the higher heating value and chemical exergy of fossil fuels (coal, oil, natural gas). It demonstrates minimal error, with approximately a 3.5 % deviation for higher heating value and 8 % for chemical exergy compared to empirical relations.Novel relationships, developed through linear regression and computer programming, address research gaps and exhibit a maximum 2.6 % difference for higher heating value and 5.4 % for chemical exergy compared to existing empirical references. These contributions will greatly benefit energy professionals and engineers.This research addresses critical gaps in current methodologies for estimating higher heating value and exergy by offering a compact form for calculating various fossil fuels within a wide range of Carbon-to-Hydrogen ratios (3–105). Additionally, it provides specific equations applicable to both mole and mass fractions for natural gases, primarily composed of methane, with mole fractions ranging from 55 % to 99 %.

Exploring the Intersection of Pancasila and Human Rights in Indonesian Law

This research aims to explore the intersection of Pancasila and human rights in Indonesian law . The research investigates how Pancasila, as the foundational philosophy of Indonesia, can be aligned with the principles of human rights as enshrined in internationalhuman rights instruments . Methode The research methodology includes a comprehensive analysis of relevant Indonesian laws, constitutional provisions, and international human rights standards. The research also utilizes a comparative approach, examining how other countries have integrated their national philosophies with human rights principles .The findings of this research highlight the potential harmonization between Pancasila and human rights principles in Indonesian law . By recognizing the fundamental values of Pancasila, such as social justice, unity, and religious freedom, Indonesian law can uphold and protect human rights forall individuals within the country.Through the alignment of Pancasila with international human rights standards, Indonesia can ensure that its legal framework promotes and protects the fundamental rights and freedoms of all. Implication for Student research provides a unique opportunity to engage in critical thinking and analysis of the ethical and legal frameworks that shape their country. By delving into case studies and legislative decisions, students can develop a nuanced understanding of how Pancasila influences the interpretation and application of human rights laws, thereby fostering a more informed and empowered citizenry.

Proof of the Facts in Belgian Administrative Law: An Analysis of the Case Law of the Belgian Council of State

This text discusses proof of the facts in Belgian Administrative Law. In Belgium a general comprehensive theory on proof of the facts in administrative law is currently missing. There is no general Belgian legislative framework on evidence or proof of the facts as such. Monographs or academic studies that discuss proof in administrative law as such are lacking too. Therefore, the analysis in this article is based on the case law of the general and highest administrative court, the Belgian Council of State. This text discusses questions concerning the division of the burden of proof, the object of proof, the degree of certainty on the facts required, the means of evidence and the determination of their value.

Comparative Analysis of the Contract Law of the Republic of Kazakhstan and the People’s Republic of China

Comparative Analysis of the Contract Law of the Republic of Kazakhstan and the People’s Republic of China

Justice, Equity and Good-Conscience: Analysis of the Case Law in Pakistan

The concepts of equity, justice, and good conscience have guided areas of the legal system not covered by statute law or personal laws since the early East India Company days. For instance, in circumstances where they were not otherwise expressly addressed, judges were to base their rulings on equity, justice, and good conscience, according to the regulations from 1781 and 1793. The idea was replicated from one regulation to another and from one statute to another. According to Derrett, this approach was initially applied by the Royal Charter of August 9, 1683, which considered other legal sources as "just" norms that applied to the case's facts in addition to English law. By the end of the nineteenth century, British Indian Courts preferred to apply English Law as residual law first, then equity, justice, and good conscience. Courts in Pakistan occasionally use this Common Law formula to fill in the blanks. This paper examines the history of equity in common law and analyse briefly the case law of Pakistan.

Analysis of state administrative court procedural law: A recent review and its practical implications

Analysis of state administrative court procedural law: A recent review and its practical implications

How Can Malaysian Courts Consistently Perform Meaningful Constitutional Rights Review? Lessons from Past Cases and the Way Forward

Abstract In the past, Malaysian courts performing constitutional rights review played a merely clerical role, applying a test that was trivially easy for legislation to pass. Then a more rigorous proportionality test took root. However, the Federal Court in the 2020 case of Letitia Bosman whittled the test down again, and the courts once more played a minimal role in checking state action. The reasons for this cannot be explained merely by diversity in judicial philosophy or political contextual factors. Rather, the near-demise of proportionality (and, with it, robust constitutional review) was made possible by a lack of a clear sense of the doctrinal foundations of proportionality (and, indeed, of constitutional rights review generally), and the relative roles of the courts and the legislature therein. As a result, there is a risk that the courts’ important role in safeguarding constitutional rights has been minimised to near vanishing point. This article aims, through an analysis of the case law and its foundations, to explain how this came to be, and hence highlight important issues which Malaysian constitutional law must grapple with if meaningful rights review is to take place.

Tax Implications of Real Estate Investments: A Comprehensive Analysis

Real estate investments constitute a significant portion of many investors' portfolios, offering the potential for long-term wealth accumulation and diversification. However, beyond considerations of property location, market trends, and financing options, investors must also navigate the intricate landscape of tax implications associated with real estate investments. Taxes play a critical role in shaping investment decisions, impacting cash flow, profitability, and overall returns. Therefore, understanding and effectively managing tax obligations is paramount for maximizing investment success in the real estate market. This comprehensive analysis aims to delve into the multifaceted realm of tax implications related to real estate investments. By examining various tax strategies, structures, regulations, and their implications, this study seeks to provide investors with valuable insights and tools to optimize their tax position and enhance investment outcomes. From the tax treatment of rental income and capital gains to the utilization of tax-efficient investment structures like REITs and LLCs, every aspect of real estate taxation will be explored in detail. Moreover, with the ever-evolving nature of tax legislation and economic conditions, it is imperative for investors to stay abreast of changes that may impact their tax liabilities and investment strategies. Through a thorough analysis of historical trends and current tax laws, this study aims to equip investors with the knowledge and foresight necessary to adapt and thrive in a dynamic tax environment. In essence, this comprehensive analysis endeavors to empower real estate investors with the tools and understanding needed to navigate the complex terrain of tax implications effectively. By unraveling the intricacies of real estate taxation and providing actionable insights, this study aspires to assist investors in making informed decisions, optimizing their tax position, and ultimately realizing the full potential of their real estate investments.

Принцип равенства всех перед законом как общеправовой принцип в правовых системах России и Армении (сравнительно-правовое исследование)

The article presents a comparative law analysis of the general law constitutional principle of Russia and Armenia: the principle of equality of all before the law. The author reviews the history of statutory consolidation of this principle in the Soviet period of Russian and Armenian history, special aspects of consolidation on the constitutional and industrial levels in the Russian Federation and the Republic of Armenia and the role of the principle of equality of all before the law in the law enforcement practice.

Criminal law analysis regarding liability for establishing and managing financial Ponzi schemes in certain countries

Relevance. Crimes related to investment (financial) pyramids pose a threat to state stability and the economic security of both the country and the individual citizens. The research relevance is predetermined by the need to ensure effective counteraction to the phenomenon in the current environment. Purpose. The research aims to analyse the criminal legislation of the United States of America, Germany, China and Russia concerning combating pyramid schemes to develop proposals for further improvement of the legislation of the Republic of Kazakhstan on this issue. Methodology. The analytical, comparative, statistical, legal, and dogmatic methods were used. Results. The authors conducted a comparative analysis of the criminal law provisions in Kazakhstan and other jurisdictions, examining the various ways in which liability for establishing and operating pyramid schemes is codified, including the different forms, approaches, and techniques employed in the legislative framework. The authors identified common and distinctive trends and developed recommendations for improving the legislative framework in this area. The authors provides a forensic characterisation of the crime of creating and organising pyramid schemes. The statistical data of the Republic of Kazakhstan on this type of crime are studied. In addition, the authors identifies the criteria by which preliminary investigation of this category of crimes should be carried out, which will contribute to a more effective investigation and prosecution of perpetrators. Conclusions. This study contributes to deepening the scientific understanding of the topic and improving legislation. The results of the study can be used by law enforcement agencies, legislative bodies, and the scientific community to develop and improve legal norms and procedures related to combating pyramid schemes. Keywords: investment manipulation; historical development; comparative characteristics; economic offences; pre-trial investigation