Law Of Agency Research Articles

Restrictions on the Use of Public Health Research at US Government Agencies in the Name of Transparency

Transparency measures at government agencies are essential in order to ensure scientific integrity and public trust in the government’s scientific output. Agency scientists, supported by a commitment to a rigorous independent science process, scientific integrity policies, and appropriate transparency measures, should be trusted to analyze available data and issue policies that consider and value the weight of the evidence. We evaluated how recent initiatives at the Environmental Protection Agency (EPA) and the Department of the Interior (DOI) would block the agencies from using many kinds of scientific studies vital to decisionmaking, including studies that rely on personal health data, confidential business information, intellectual property, or older studies for which the authors or data sources may not be accessible. Comparing requirements for industry and all other submissions, we found that these proposals would protect industry data and confidential business information more adequately than public health information. Both directives would allow agencies to use the degree to which the underlying data is public to judge a study’s credibility, which would mean many types of studies done in the environmental health field would be discounted. We analyzed how the placement of unnecessary restrictions on the kinds of studies that agencies can consider stands to affect decisionmaking on everything from air pollution standards to water quality issues to chemical regulation in consumer products. The speaker will discuss the difference between genuine transparency needs in government science and these two misguided agency rules. Examples of how these policies could impact the foundation of public environmental and public health protection will be outlined and alternative recommendations for improved government scientific transparency that is protective of public health will be laid out.

Role and Responsibilities of Notary Statement on General Meeting of Shareholders (AGM)

The purpose of this study was to determine: 1) The powers and responsibilities of Notaries in deed statement of decision general meeting of shareholders of a limited liability company, 2) The legal consequences of a deed statement of decision general meeting of shareholders of a limited liability company, 3) Legal protection for Notaries in the making deed of declaration decision general meeting of shareholders limited liability company. The approach used in this paper is normative, with the help of primary data in the form of legal material which is two primary legal materials and secondary legal materials as the main data. The data collection was obtained by interview and literature. The data were analyzed qualitatively normative. The research results are: 1). Role of Notary in the manufacture of the Deed of General Meeting of Shareholders of the Company Limited by Act No. 30 of 2004 concerning Notary, particularly Article 15 which essentially gives some authority to the Notary as a public official in performing their duties, namely: Notary authorized to make an authentic deed regarding all deeds, agreements, and provisions required by legislation and / or desired by the stakeholders to be stated in an authentic deed, deed of guarantee certainty of the date of manufacture, save deed, giving grosse, copy, and official copies, all of it along the manufacture the deed was not also be assigned or excluded to other officials or any other person specified by law. 2). General Meeting of Shareholders. 3). Deed of the General Meeting of shareholders is an authentic act that is Partij Akten that deed made by the parties before a notary.

AFMB Ltd and Others (Case C-610/18): Definitive Acceptance of the Economic Employer Principle in Multi-State Situations

In this note, the author discusses the ECJ decision in AFMB Ltd and Others (Case C-610/18) wherein the Court determined that the entity that is considered the employer for social security contribution purposes is the undertaking that: (i) has actual authority over the worker, (ii) bears the actual wage costs of the worker and (iii) has the actual power to dismiss the worker.

현장 경찰관의 물리력 행사의 한계에 대한 연구 - 경찰청 예규(경찰관 물리력 행사의 기준과 방법에 관한 규칙)를 중심으로 -

현장 경찰관의 물리력 행사의 한계에 대한 연구 - 경찰청 예규(경찰관 물리력 행사의 기준과 방법에 관한 규칙)를 중심으로 -

CORPORATE LAW AND THE THEORY OF THE FIRM:Restructuring Corporations, Shareholders, Directors, Owners, and Investors

If reading books on corporation law putsyou to sleep, this book is a refreshing change. Dr. Huber’s diverseintellectual background (2 doctorates and 5 masters degrees), a CPA and attorneygives him a unique perspectiveon the issues and underlying assumptions that most lawyers and economists take for granted. He has the courage to challenge a number of assumptions and sacred cows by applying a mix of economictheory, law and philosophy. Shareholders own corporations, don’t they? Not according to Huber. So who owns them? Read hisbook. There’s a separation of ownership and control, right? Not really. Oh, and did I mention that the directors do not represent the shareholders? If shareholders don’t own corporations, and if directors aren’t agents ofthe shareholders, what happens to the agency theory of the firm? McGee: Corporate Law and the Theory of the Firm (Book Review)352Huber’s analysis might reasonably lead one to conclude that the literature on the theory of the firm needs to be reexamined. The book focuses on issues relating to the separation of ownership and control, and to the contradictions between the economic theory of the firm and corporate law. Huber reviews the origin and function of common lawand the principles of contract law, and discusses the relationship between contract law and the relationship of shareholders, directors and corporations. Separate chapters are devoted to the examination of property and property laws; agency and agency laws; trusts and trust law; partnerships and partnership law; corporations, corporate law, and the contradictions of corporate law; sociology, culture and corporations; corporatehood, the corporation as a legal person, and the theory of the firm.Huber’s latest book would make a good supplement to a graduate law or economics class. It challenges assumptions and provokes thought, which is sorely needed in today’s university environment.

Kewenangan Pemegang Protokol Notaris yang Meninggal Dunia untuk Mengeluarkan Salinan Akta dari Minuta Akta yang Belum Lengkap Tanda Tangannya

<table width="624" border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="422"><p><em>This legal research is a study of normative law with the approach of legislation, conceptual and case. The purpose of this research is to know and analyze the existence of legal vacuum because not yet the regulation of notary protocol holder authority related to minuta deed which not yet complete its signature and responsibility of protocol holder if still issuing copy of related deed. </em><em> </em><em>The provisions of Article 62 of the UUJNP concerning the reasons for the handover of a notary protocol are attributed to one of the process of making notarial deeds as stipulated in Article 16 paragraph (1) subparagraph m UUJNP and having the authority to grant grosse, copy and quotation of deed Article 64 UUJN as well as holders of notary protocol also has the authority as the notary itself. Based on the description, it is possible that the notary who passed away has not completed the signature that must be in the minuta so that the authority of the protocol holders related to the deed becomes a separate issue. The responsibility of the protocol holders against the notarized deed minas is to make copies of the original letters under the hand in the form of copies containing the description as written and described in the corresponding letter (Article 15 paragraph (2) letter c UUJNP) and not authorized issuing a copy of the deed because the minus deed is not an authentic deed but a deed under the hand. Judicial implication for the notary protocol holder issuing a copy of the deed minus not noted by a notary public is the holder of notary protocol may be subject to criminal sanction namely Article 55 juncto Article 264 of the criminal code is making a fake authentic act deliberately.</em></p><p><strong><em>Keywords</em></strong><strong><em>:</em></strong></p><p><em>Notaries; Notary Protocols; Notary Protocol Holders.</em></p></td></tr></tbody></table>

Health Risk, Inequality Indexes, and Environmental Justice.

Inequality indexes have long been used to analyze distributions of income. Studies have recently begun to use these tools to evaluate the equity of distributions of environmental harm. In response, issues have been raised regarding the appropriateness of using income‐based measures in the context of undesirable outcomes. We begin from first principles, identifying a theoretical preference structure under which income‐based tools can be appropriate for ranking distributions of “bads.” While some critiques of existing applications are valid, they are not a justification for rejecting the approach altogether. Instead, we show how standard income‐based measures can be adjusted to accommodate bad outcomes. Rather than inequality indexes, we argue that equally distributed equivalents (EDEs) are well‐suited for this purpose since they account for levels and dispersion of outcome distributions. The Kolm–Pollak EDE is particularly useful, having the advantage of consistently evaluating both bads and their complementary goods (e.g., mortality risk and survival probability). As an illustration, we show how these tools can inform an environmental justice analysis of a proposed Environmental Protection Agency (EPA) rule addressing indoor air pollution.

Juridical Analysis Of Standard Procedure Operational Management And Services (SPOPP) In Making Shari’a Notary Deed Based On Article 15 Paragraph (1) Of Law Number 2 Of 2014 Concerning The Position Of Notary

The purpose of this study was to: 1) to analyze the implementation of standard operating procedures and service settings (SPOPP) notary in the deed of Shariah is based on article 15 paragraph (1) Law No. 2 of 2014 on the notary office. 2) to analyze the legal consequences shari’a deed made by the notary pursuant to Article 15 paragraph (1) Law No. 2 of 2014 on the notary office. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by qualitative descriptive method.Based on the analysis of data concluded that: 1) the execution of a deed notarized by a notary Shari’ah-based, there are two models in the inclusion of Bismillahhirrohmanirrohim writing. The first one is the inclusion of the article after the title, and the second inclusion Lafadz Bismillahhirromanirrohim/writing there were no written or written and included in the premise. 2) the legal effect of Shariah -based of authentic act by a notary depends on the placement Bissmilahhirrohmanirrohim writing. The first in the inclusion of the text at the beginning of the deed would have violated the rules of the article 38 of Law Notary, that at the beginning consists of the title deed deed, certificate number, full name and place of notary. The second in the inclusion of Bismillahhirrohmanirohim writing something was written and there are included in the premise.Keywords: Notary, Authentic Deed, Bismillahhirrohmanirohim Writing.

Eliminating the Board of Pharmacy's Role in Designating a Pharmacist-in-Charge.

Nearly all states require that each licensed pharmacy designate a pharmacist-in-charge (PIC). By law, the PIC typically has responsibility for all professional practice laws and facility standards laws and can be held accountable for such. However, the extent to which the PIC has actual authority over many facility standards varies by organization. This can seemingly put a target on the back of the PIC for decisions they wield little authority over. Idaho recently removed the legal references to the PIC, signaling that facilities are responsible for facility standards and insulating pharmacists from discipline for matters that are outside their control.

Data and methods for analyzing special interest influence in rulemaking

The US government creates astonishingly complete records of policy creation in executive agencies. In this article, we describe the major kinds of data that have proven useful to scholars studying interest group behavior and influence in bureaucratic politics, how to obtain them, and challenges that we as users have encountered in working with these data. We discuss established databases such as regulations.gov, which contains comments on draft agency rules, and newer sources of data, such as ex-parte meeting logs, which describe the interest groups and individual lobbyists that bureaucrats are meeting face-to-face about proposed policies. One challenge is that much of these data are not machine-readable. We argue that scholars should invest in several projects to make these datasets machine-readable and to link them to each other as well as to other databases.

The HUD smoke-free rule: Perceptions of residents post-implementation.

In July 2018, the U.S. Department of Housing and Urban Development (HUD) implemented a new Public health Agency rule prohibiting the use of tobacco in and within 25 feet of HUD housing. A convenience sample of 574 residents living in Milwaukee, Wisconsin multi-unit HUD complexes completed a survey from May through July 2019, designed to assess their perceptions of the new policy and its impact. Knowledge of the policy was strong, although continued educational efforts are needed. Attitudes about the policy were generally positive, although smokers held more negative attitudes than non-smokers. Some residents desired more and fairer policy enforcement. Most residents reported that smoke incursions were reduced post policy compared to pre policy, although such incursions still occurred. The policy has had a favorable health impact on smokers; over 80% made at least one positive change in their smoking, including 6.4% who said the policy motivated them to quit. There was no evidence that residents with mobility challenges were differentially affected by the policy. Overall, the HUD smoke-free policy was well received, reduced self-reported exposure to smoke and led most smokers to make positive changes in their smoking. Additional education on the policy, improved enforcement, and cessation services are needed.

“They Will Keep Seeing Young Women Murdered by Men. Enough Is Enough-We Have Seen too Many Women Lose Their Lives”. Lessons for Professionals Working with Victims of ‘Honour’ Abuse and Violence

The brutal ‘honour’ killing of Banaz Mahmod, aged 20, is still one of the most prominent murder cases of this kind in Britain. This was due partly to its complexity as well as the poor police response to Banaz’s pleas for help before her death—most notably, she reported her abuse on multiple occasions, forewarned them of her murder, and named her killers. This tragic case was a painful example of how professional agencies in the UK fail victims of so called ‘honour’ abuse and violence. Fifteen years on, support services are still naive about the people and communities most vulnerable to ‘honour’ abuse in Britain. More recently, campaigns to include Black, Asian, and other ethnic minority victims in the mainstream domestic abuse agenda have encouraged agencies to be culturally-competent in their support of ‘honour’ abuse victims, to redress previous failings. To facilitate this, this study conducted a focus group discussion with fourteen women (12 victim survivors and 2 support workers) recruited from a support organisation for ethnic minority women dealing with ‘honour’ abuse, to gain insight into their lived experiences. Interviews were analysed using interpretative phenomenological analysis. Three superordinate themes emerged, each with two sub-themes; vulnerability (sub-themes, fear of external organisations and racism); organisational and agency support (sub-themes, education and support from law enforcement), and rules and restrictions (sub-themes, immigration status and agency funding). These themes should be explored by professionals to better understand how to support female victims of ‘honour’ abuse and violence, without disparaging their culture.

When the System Does Not Fit: Coping Strategies of Employment Consultants

Case and knowledge management systems are spread at the frontline across public agencies. However, such systems are dedicated for the collaboration within the agency rather than for the face-to-face interaction with the clients. If used as a collaborative resource at the frontline, case and knowledge management systems might disturb the service provision by displaying unfiltered internal information, disclosing private data of other clients, or revealing the limits of frontline employees’ competence (if they cannot explain something) or their authority (if they cannot override something). Observation in the German Public Employment Agency shows that employment consultants make use of various coping strategies during face-to-face consultations to extend existing boundaries set by the case and knowledge management systems and by the rules considering their usage. The analysis of these coping strategies unveils the forces that shape the conduct of employment consultants during their contacts with clients: the consultants’ own understanding of work, the actual and the perceived needs of the clients, and the political mission as well as the internal rules of the employment agency. The findings form a twofold contribution: First, they contribute to the discourse on work in employment agencies by illustrating how the complexities of social welfare apparatus demonstrate themselves in singular behavioural patterns. Second, they contribute to the discourse on screen-level bureaucracy by depicting the consultants as active and conscious mediators rather than passive interfaces between the system and the client.

Loans and Marketing Guarantees in Athlete Agent Recruiting

Athlete agents use various means to recruit prospective clients. Controversial yet common methods include offering loans and marketing guarantees to prospective clients. In each transaction, the agent provides his client with money, in some cases amounting to millions of dollars. The agent typically expects repayment of the loan whereas the marketing guarantee is an advance on future marketing income that the agent will arrange for the athlete. While both National Football League Players Association (“NFLPA”) agent regulations and state athlete agent laws prohibit agents from offering inducements to prospective clients, neither authority considers loans or marketing guarantees illicit or prohibits them. This Article details the use of loans and marketing guarantees in the football agent recruiting process. The Article also explores both NFLPA and state athlete agent law, which is based on the Uniform Athlete Agents Act or its revised version’s prohibitions on athlete agents providing inducements to prospective clients. It describes the fiduciary relationship between athlete agents and their clients and the duties that result under agency law. Next, the Article applies agency law to the provision of loans and marketing guarantees by athlete agents to their clients, determining that agency law seeks to prohibit such transactions. The Article then discusses the application of attorney ethics regulations to attorneys who serve as athlete agents and provide loans and marketing guarantees, finding that attorney-agents who engage in this activity violate ethics regulations. The Article concludes by explaining why both athlete agents and athletes should be leery of these dealings and by urging the NFLPA and individual states to expressly prohibit them.

Reasonable Use?: The Challenges of Transboundary Groundwater Regulation in the Eastern United States

AbstractRegulating groundwater in the Eastern United States (U.S.), particularly transboundary aquifers between states, is a challenge given the patchwork quilt of common law, statutory frameworks, and agency rules. Such regulation is made more challenging by the need for better quantification of pumping and use. These dynamics are exemplified through several case studies, including the first ever U.S. Supreme Court case related to groundwater withdrawals (set in the Eastern U.S.). As dynamics such as expanded irrigation, population increases, and ecological considerations influence groundwater use across the Eastern U.S., water use will continue to be an important driver for economic activity and interaction within and between states. To effectively regulate transboundary aquifers, governance solutions must incorporate current science into decision making and be implemented at local, state, regional, and federal scales.

Does trust in supervisors translate to compliance and cooperation? A test of internal procedural justice among Taiwanese police officers

The procedural justice model of policing has gained much popularity in scholarship and empirical support in democracies, yet research on the procedural justice within police organizations, particularly the mediating mechanisms connecting internal procedural justice and officer behavioral tendencies, is rather limited. With an aid of survey data collected from Taiwanese police officers, this study tests the connections between internal procedural justice and officers’ compliance with agency rules and cooperation with supervisors via an essential element—trust in supervisors. Internal procedural justice was found to be directly related to trust in supervisors and officer cooperation with supervisor, whereas the association between internal procedural justice and compliance with agency rules is mainly indirect through trust in supervisors. This study concludes with discussing research and pragmatic implications of findings.

HUMANITARIAN ACCESS THROUGH AGENCY LAW IN NON-INTERNATIONAL ARMED CONFLICTS

AbstractIn many conflicts, aid organisations have to navigate the international humanitarian law requirement that parties to the conflict must consent to assistance. In non-international armed conflicts this often frustrates efforts to provide relief, as States refuse to grant consent in order to uphold their claims to sovereignty. Looking at the Syrian Civil War, this article suggests that the law of agency can offer a fresh perspective on the challenges posed by the requirement of consent to humanitarian assistance. It suggests that agency law can provide a legal explanation of seemingly political decisions and ade lege ferendajustification for assistance in instances where consent is either absent or provided by a non-State armed group.

Jurisdiction and Applicable Law to International Commercial Agency Agreements from a Jordanian Perspective

Abstract Doing business abroad within the framework of commercial agency or distribution agreements presents not only several financial and commercial challenges but also legal ones, raising questions about the applicable law, jurisdiction, and particularly the arbitrability of disputes arising out of commercial agency agreements governed by Jordanian law. The purpose of this article is to highlight selected aspects of Jordanian commercial agency law from the perspective of private international law in Jordan. It aims to discuss the applicable law and jurisdiction pertaining to international commercial agency agreements subject to Law No. 28 of 2001 on Commercial Agents and Intermediaries as a mandatory law. The article highlights the recent different methodological approaches adopted by the Jordanian Court of Cassation in dealing with commercial agency agreements, which can be described as heterogeneous, controversial, and traditional; they are tainted with dogmatic traditions and at odds with the Court’s own grundnorms.

Corporate Law and the Theory of the Firm: Reconstructing Corporations, Directors, Owners, and Investors

Dozens of judicial opinions have held that shareholders own corporations, that directors are agents of shareholders, and even that directors are trustees of shareholders’ property. Yet, until now, it has never been proven. These doctrines rest on unsubstantiated assumptions. In this book the author performs a rigorous, systematic analysis of common law, contract law, property law, agency law, partnership law, trust law, and corporate statutory law using judicial rulings that proves shareholders do not own corporations, that there is no separation of ownership and control, directors are not agents of shareholders, and shareholders are not investors in corporations. Furthermore, the author proves the theory of the firm, which is founded on the separation of ownership and control and directors as agents of shareholders, promotes an agenda that wilfully ignores fundamental property law and agency law. However, since shareholders do not own the corporation, and directors are not agents of shareholders, the theory of the firm collapses. The book corrects decades of confusion and misguided research in corporate law and the economic theory of the firm and will allow readers to understand how property law, agency law, and economics contradict each other when applied to corporate law. It will appeal to researchers and upper level and graduate students in economics, finance, accounting, law, and sociology, as well as attorneys and, accountants.

Unforeseen Shock Hazards Resulting From Code Compliance: A Case Study at an Above-Ground Pipeline Valve Station

The Code of Federal Regulations (CFR) is a regulatory collection of general and permanent federal agency rules. This case study is specific to two sections pertaining to the control of corrosion and electrical protection of underground pipe lines and valve stations. The transportation of hazardous liquids is covered by 49 CFR 195 and the transportation of natural gasses by 49 CFR 192. Meeting compliance is obtained with the installation of devices and systems that electrically isolate a cathodically protected pipe line and valve stations from nearby grounded structures and equipment. This study focuses on a cathodically protected pipeline isolation system that exposed a worker to a higherthan- expected voltage level and unexpected hazard when work was performed at a valve station after the installation of a required isolation device.