Law Of Agency Research Articles

SECTION 546(E) REDUX—DOES THE PROPER CONSTRUCTION OF THE TERM FINANCIAL INSTITUTION CONTAINED IN SECTION 101(22)(A) OF THE BANKRUPTCY CODE UNDO THE U.S. SUPREME COURT’S HOLDING IN MERIT?

SECTION 546(E) REDUX—DOES THE PROPER CONSTRUCTION OF THE TERM FINANCIAL INSTITUTION CONTAINED IN SECTION 101(22)(A) OF THE BANKRUPTCY CODE UNDO THE U.S. SUPREME COURT’S HOLDING IN MERIT?

Juridis Analysis of Cancellation of Sale & Purchase Agreement by Heirs in Matter of Buyer/Seller Who Has Died

PPJB land contains the rights and obligations of the parties who made it, so that if the matters that have been agreed in the deed of sale and purchase are violated or not fulfilled by the parties who made it then the parties are authorized to request cancellation in the agreement before the court. In practice, the sale and purchase agreement can be revoked by the heirs. The purpose of this study; to find out how the position of the Heirs' Law and legal protection to the Buyer in the case of the Sale and Purchase Agreement entered into by the Heir is canceled by the heirs and How the Laws of the Cancellation of the Sale and Purchase Agreement are Unilateral by the Heirs. The method used in this study is the Sociological Juridical method, the specification in this study is descriptive analytical, the data used is primary and secondary data, using data collection with interviews and library studies, qualitative data analysis, problems analyzed with theory, legal certainty and Authority Theory. The results of this study show that, the heirs can cancel the sale and purchase of the heirs' land if the legal conditions of the sale and purchase are not met through the court. Heirs who do not give their consent in the sale and purchase of inherited land as their right, have the right to cancel the sale and purchase of the land. If an agreement does not meet the Subjective requirements, then the agreement can be revoked. The PPJB Deed made by the Notary is basically an authentic act that will not be disputed if one party does not feel harmed, but with the content of the agreement in PPJB then the cancellation can arise a problem because one party feels harmed by the other party.The seller who is the heir has an obligation to continue the agreement, because the heirs receive the obligation from the heirs in general, in the sense of assets and passions of the heirs are the responsibility of the heirs.

Goldilocks Deference?

Over the years, courts reviewing rules and decisions of federal administrative agencies have given those agencies greater or narrower latitude in interpreting enabling legislation, ranging from the “hard look” doctrine to various levels of deference under case names such as Chevron, Auer, and Skidmore. This article examines a distinct type of judicial deference that might arise only in a special subset of cases where an agency is sued by two different interested parties arguing diametrically opposed positions. For example, the EPA may be sued on a major, substantive rule by the regulated industry arguing that the rule is too restrictive and by environmental groups arguing that it is too lax. In such cases, we hypothesize that reviewing courts might exercise “Goldilocks deference,” based on the assumption that if environmental groups and regulated industries are dissatisfied, then the agency's rule must be just about right. Using an empirical dataset of 160 cases, we show that the EPA is more likely to prevail when it is sued by both sides, suggesting that the hypothesis of Goldilocks deference is at least plausible.

Declaration of analgesics on Doping Control Forms in german football leagues during five seasons

Problem: The use of analgesics in sport has been the subject of numerous studies and surveys among athletes for years. This evaluation was targeted at providing the first evaluation of analgesics declared on Doping Control Forms (DCF) from football players in the highest German leagues, the Cup, and the A and B Juniors’ Bundesliga. Methods: The evaluation included a total of 8,344 DCF from doping controls performed by the National Anti Doping Agency Germany in the five football seasons from 2015/16 to 2019/20. This included both in-competition and out-of-competition doping controls in the Bundesliga, 2nd Bundesliga, 3rd League, Women’s Bundesliga, A and B Juniors’ Bundesliga, and the Cup. Results: On average, 33% of all DCF from the last five seasons of the adult and junior sector of the top football leagues in Germany declared use of analgesics within the seven days preceding testing. The A and B Juniors’ Bundesliga has significantly lower values, at an average of 14% ibuprofen was the most commonly reported among 14 analgesic active substances, across all leagues and seasons. Discussion: Some of the analgesic active substances recorded are used for self-medication, while others are prescription drugs. They are not considered doping substances under the current rules of the World Anti-Doping Agency (WADA). However, the calculated frequency of their use suggests that further scientific surveys in competitive sport should be initiated, e.g. via the WADA Monitoring Program. Since analgesics have a general potential for abuse, continuous information of athletes, supported by the sports environment, concerning the deliberate use of such medications is required. Key Words: National Anti Doping Agency,Painkillers, Non-Steroidal Anti-Inflammatory Drugs, Bundesliga

The Status of Franchising Laws in the Arab Region

Abstract There has been a vast and rapid growth in the franchising business in the countries of the Middle East. The purpose of this article is to examine the status of franchising laws in the Arab World with particular focus on the commercial relationship between a franchisor and a franchisee. Most Arab countries rely on the traditional commercial agency laws to regulate the franchising business. These are designed to protect the interest of the national franchisee. Saudi Arabia is the first Arab country to adopt a comprehensive and independent law in the Arab region, while other countries rely on a code of conduct, an application of the distribution trade law or the implementation of the general rule of commercial agency. Saudi Arabia provides a detailed account of the franchising business, its establishment and its operation in an attempt to balance the interest of both, the franchisor and the franchisee.

Enslaved Agents: Business Transactions Negotiated by Slaves in the Antebellum South

This article explores the law of agency as applied to enslaved workers in the antebellum South between 1798 and 1863. In particular, I examine legal disputes involving the delegation of agency power to enslaved workers. Southern courts generally accepted that an enslaved worker could serve as business agent for his or her slaveholder, which often meant binding a third party to a transaction negotiated or performed by an enslaved person. These cases provide a window into business practices in slave states, where enslaved workers conducted business on behalf of slaveholders in a variety of contexts. While agency law served the economic interests of individual slaveholders – who could then avoid hiring paid labor for the same work – it also at times conflicted with the ideology of white supremacy and the associated southern laws meant to enforce racial dominance. Agency law bestowed the slaveholder’s power on an enslaved worker in transactions with third parties, often white businessmen who later sought to unwind the deal. The law of agency also conflicted at times with state laws that prohibited sales and business dealings with slaves. Nevertheless, southern courts frequently sided with slaveholders, who insisted that their powers could be delegated to enslaved workers. Agency-related jurisprudence also illustrates the economic exploitation of slavery, which allocated all of the proceeds from an enslaved person’s labor, talent and expertise to the slaveholder.

The Untapped Potential of the Congressional Review Act

The Congressional Review Act (CRA) authorizes fast-track procedures for resolutions disapproving agency rules. The near-universal assumption is that the CRA is relevant only when a new President seeks, with the support of Congress, to cancel regulations promulgated during the previous administration. Yet the CRA has substantially greater unrealized potential to reverse adverse judicial rulings, or, more ambitiously, to entrench preferred statutory interpretations. When the agency, the President, and congressional majorities agree on the correct reading of a statute, they can secure formal legislative endorsement of this interpretation through the following two-step process: First, the agency promulgates an interpretive rule construing the statute to mean the opposite of what the agency actually favors—for example, by interpreting a statute to prohibit a regulation that the agency would like to adopt. (In the case of an adverse judicial ruling on the statute’s meaning, the agency’s rule could simply restate the court’s reading of the statute.) Next, Congress and the President use the CRA to disapprove that interpretive rule—thus establishing, via a formal exercise of legislative power, that the statute has the meaning the agency rule rejected. This strategy would be a lawful way for the executive and legislative branches to override judicial rulings regarding the meaning of the agency’s authorizing statute, and more generally to clarify or alter statutory law in a manner that bypasses the filibuster and other legislative roadblocks.

Goldilocks Government

Those committed to addressing the political and moral crises of the day—voting rights, racial justice, climate change, economic inequality, and the lingering effects of the Covid pandemic—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, and scant economies of scale.This Article prescribes a third pathway: interstate agreements and compacts. Such arrangements—largely unnecessary when Washington is not pathologically dysfunctional—have a long and venerable constitutional pedigree and provide a legally sound and politically expedient “just-right” solution. Grouping clusters of states along the Pacific Coast Highway, the Amtrak Corridor, and the Rust Belt, we proffer four major compacts as cornerstones of a Blue New Deal. Beyond detailing these four strategic interventions, this Article makes the affirmative, normative case for interstate agreements and compacts playing a regular and prominent role in twenty-first century American governance—a case that sounds in democratic theory, administrative law, and political economy.

Agency in South Africa: Mapping its defining characteristics

This article draws on contemporary trends in Anglo-American jurisdictions to propose a modernised analytical framework for agency law in South Africa. It first investigates the juridical basis of agency law, finding that the consensus is to see agency as a complex phenomenon that synthesises both internal consent and external power/liability models. Secondly, the article proposes certain essential conceptual features of agency, briefly discusses these features, and argues, with reference to comparative authority, how adopting these might facilitate a more complete understanding of agency in South Africa.

Authority by representation – a rule lacking a theory: A reappraisal of Makate v Vodacom (Pty) Ltd 2016 (4) 121 (CC)

In Makate v Vodacom (Pty) Ltd 2016 (4) 121 SA (CC) the Constitutional Court had to consider the difficult question whether an agreement to negotiate compensation at a later date for an employee who had invented something for his employer was enforceable, where in the absence of later agreement the issue would be referred to the Chief Executive Officer of the employer for final determination. Although the court answered this in the affirmative, the more pressing issue for present purposes was whether the representative of the employer who had negotiated the agreement with the employee had the necessary actual or apparent authority to conclude the agreement. In dealing with the matter of authority, the apex court took an unconventional approach to ‘ostensible’ or ‘apparent’ authority: Whereas the basis of such authority has traditionally been seen as the doctrine of estoppel, the court held that the expressions ‘apparent authority’ and ‘ostensible authority’ have no bearing on estoppel as such, but rather refer to a form of actual authority arising from a representation of authority by the principal in respect of the agent. This article examines the court’s approach in that regard and concludes that, although the decision attracts criticism from a conceptual viewpoint, there is merit in such an approach if it is adapted and defined purely in terms of the reliance theory.

Transformation of democracy in the information age: the role of new media and civic communication

The article aims to outline the transformation in the functioning of modern democracy as a form of government, to explore the influence of modern media on the mechanisms of its implementation. The issue is raised about the preservation of its fundamental principles during the information revolution (primarily in the media sphere) and changes in the forms and methods of communication of people during political interaction. The model of „monitoring democracy” was chosen as the theoretical and conceptual basis for considering these processes, which is based on the „idea of a monitoring citizen” and which is caused by rapid growth of various extra-parliamentary (non-representative) mechanisms of government. Among them, the most important for us is the rapid development of media instruments, namely social networks. The imperative of elections, political parties and parliamentary life, typical for representative democracy over the last two centuries of the history of civilization, is now far behind the capacity of other actors of public life to influence the political decisions of citizens. The author also points to the fact that technology companies, which have concentrated both information − microtargeting supply of information based on psychological profiling, and business activities, demonstrate a new phenomenon, which is assessed by citizens as the most competent and ethical center of gravity and trust. At the same time, governments, independent public institutions and traditional media are perceived as less effective and ethical. Such a concentration of information and corporate influence in one actor (a small group of technology companies) is a new challenge for democracy. Respectively, basic principles that ensure its functioning as the most successful form of government, namely − election and control of power, protection of human rights, participation of citizens in political life and governance, rule of law and accountability of government agencies, prevention of usurpation of power – nowadays experience theoretical rethinking, and are embodied in new political practices. In addition, they (foundations of democracy) are torpedoed by negative phenomena of the period of transformation and political turbulence, among which populism in all its manifestations is the most threatening. Key words: representative democracy, monitoring democracy, mediacracy, constructive journalism, civil communication, social networks.

Relations of Power: Women’s Networks in the Middle Ages, ed. Emma O. Bérat, Rebecca Hardie, and Irina Dumitrescu. Studien zu Macht und Herrschaft. Schriftenreihe des SFB 1167 “Macht und Herrschaft - Vormoderne Konfigurationen in transkultureller Perspektive, 5. Göttingen: V&R unipress/Bonn University Press, 2021, 199 pp., 27 ill.

One of the striking elements in Marie de France’s lai “Les deus amanz” (ca. 1200), similar to Gottfried von Straßburg’s Tristan and Isolde (and in the various older versions), proves to be the women’s network. Here, the young princess knows how to get help from her highly educated aunt down in Salerno to secure a magical potion to strengthen the young woman’s lover so that he can carry her up the mountain as a proof that he is worthy of her hand. The concept of the ‘network’ can indeed be used very well to explore power structures in the Middle Ages, whether the various individuals exerted actual authority, or whether they operated behind the screen set up by the king or other patriarchal rulers. Those literary examples immediately come to mind when we review the present book, though there the contributors, who presented their papers at a conference in Bonn in June of 2018, all address historical cases. A little more interdisciplinary perspectives might have enriched the topic pursued here to a not insignificant degree. I also wonder from the start whether this was a characteristic feature of the Middle Ages, or whether this phenomenon can also be found in many of the following centuries.

A Study on Children's House Consignment Issues in the Social Service Agency Law

사회서비스원의 서비스가 기존 민간기관의 서비스와 어떻게 다를 수 있는지 극히 의문스럽다. 사회서비스원 설립에 따른 민간의 반발을 의식한 나머지 운영기관에 대한 독립채산제를 표방하고 있는데, 이는 기존 민간기관과 똑같이 서비스 단가 안에서만 운영을 하겠다는 것이다. 그렇다면 사회서비스원도 민간기관과 같은 조건에서 똑같이 경쟁을 하겠다는 것이라면 현재 운영 중인 민간기관과 무슨 차이가 있는가? 현재 어린이집위탁은 사회복지법인과 보육전문가에게 위탁 운영하는 형태로 운영되고 있다. 정부는 사회서비스원을 설치하여 첫째, 사회서비스원은 지방자치단체로부터 국‧공립 시설(어린이집 우선 위탁)을 위탁받아 운영하고 서비스 종사자들을 직접 고용하여 관리한다. 둘째, 신규 설치되는 국‧공립 시설, 위‧불법 발생 또는 평가 결과가 저조한 시설로 한다. 셋째, 시·도지사가 직접 사회서비스원을 설립·운영할 수 있도록 하고 지원조직으로 사회서비스지원단을 설치하도록 하여 사회서비스의 공공성 강화를 위한 기반을 마련하기 위해서라고 한다. 본 연구는 현재 운영 중인 위탁사무와 사회서비스원 법과 사회서비스원의 사업을 분석한다. 분석 결과, 사회서비스원이 설립되어 사회서비스를 직접 제공하는 경우 사회서비스 수요가 공공부문으로 편중될 우려가 있다. 또한 기존 민간 서비스 부문에 혼란이 초래될 우려가 있어 사회적 합의가 있어야 한다. 공공부문에서 사회서비스를 직접 제공함으로써 공공성을 제고한다는 것과는 별개로 공공부문이 사회서비스를 직접 제공함으로써 공공성을 제고할 수 있는 분야, 범위 및 우선순위 등에 대한 검토가 요구된다는 결론을 제시하였다.This study is one of the national tasks to promote the establishment of social service Agency in which the public sector directly operates service providers and employs workers to improve public service quality and strengthen job security. The main roles and functions of the social service Agency are as follows. First, the social service agency entrusts and operates national and public facilities (primary care for nurseries) from local governments, and directly employs and manages service workers. Second, the newly established national and public facilities, and the facilities with low occurrence of illegal and illegal results. Third, to establish a foundation for strengthening the publicity of social services by allowing the municipalities and provincial governors to directly establish and operate social service centers and to establish social service support groups as support organizations. This study analyzes the Law of Social Services Agency and the Business of Social Services Agency . As a result of analysis, if a social service Agency is established to provide social services directly, the demand for social services may be concentrated in the public sector. In addition, there is a risk of confusion in the existing private service sector, and social consensus should be reached. Apart from enhancing publicity by providing social services directly in the public sector, it is necessary to examine the areas, scopes and priorities that public sector can improve publicity by directly providing social services.

Interpersonal injustice and perceived legitimacy of authority: The role of institutional trust and informational justice

AbstractThis study explained why interpersonal injustice enacted by representatives of an authority might undermine perceived legitimacy of the actual authority. We built a moderated mediation model in which institutional trust was the mediator, and informational justice was the moderator, in the relationship between interpersonal injustice and perceived legitimacy of authority. Study 1 showed that interpersonal injustice negatively influenced perceived legitimacy of authority. Study 2 indicated that institutional trust was a significant mediator of the relationship between interpersonal injustice and perceived legitimacy of authority. Study 3 indicated that institutional trust was a significant mediator of the relationship between interpersonal injustice and perceived legitimacy of authority when an explanation was absent, whereas it was not significant when explanation was given. These findings contribute to the literature by identifying components that shape the psychological process of forming legitimacy perceptions of authority.

Experiences with the accreditation of the Institute for Medical Research and Occupational Health, Zagreb, Croatia

Accreditation in accordance with the international General Requirements for the Competence of Testing and Calibration Laboratories (HRN EN ISO/IEC 17025 standard) has become a widely accepted method of quality management and objective evidence of technical competence, knowledge, and skills of testing and calibration laboratories. In 2010, the Institute for Medical Research and Occupational Health (IMROH) had its management system accredited against the HRN EN ISO/IEC 17025 standard for the following scopes: determination of radioactivity, testing of ambient air quality, and testing in the scope of ionising radiation protection. This accreditation encompassed three laboratories: Radiation Protection Unit, Environmental Hygiene Unit, and the Radiation Dosimetry and Radiobiology Unit. In accordance with the rules of the Croatian Accreditation Agency, the second re-accreditation is due in 2020. This paper describes and discusses the quality management system at IMROH over the ten years of its implementation. We share our experiences about non-conformities discovered during regular work, internal audits, and external audits performed by the Croatian Accreditation Agency. The accredited management system significantly improved the performance of the accredited units, and the Institute increased its visibility and marketing advantage, consequently improving its market position.

Development of A Children Worth City Based on Collaborative Governance In Kediri City

This study aimed to 1) map the main problems of children in the development and potentials that exist in the regions from the aspects of policies, institutions/organizations of children that can be developed; 2) developing a collaborative governance model in the development of child-friendly cities in the Kediri. This research method uses descriptive qualitative using primary and secondary data. The results of the study describe the occurrence of child problems including information facilities for children, age of marriage under 18 years due to pregnancy, lack of optimal functioning of the consultation agency for parents, lack of mechanisms for monitoring victims of violence against children, decreasing rates of exclusive breastfeeding, and the absence of paying the law of several agencies. The potential of regional policies in the form of regional regulations, the number of children's social institutions is a strong social capital physically and socially in building a collaborative model/partnership

A proteção jurídica de artesanias certificadas com registro de Indicação Geográfica e o caso da certificação do artesanato do capim dourado das comunidades tradicionais do Jalapão (TO)

O advento da globalização econômica ampliou o campo de possibilidades de ações com vistas ao desenvolvimento regional. Nesse sentido, muitas regiões têm apostado na implantação do registro de Indicação Geográfica como instrumento capaz de aumentar o dinamismo econômico, contribuindo para o desenvolvimento em termos econômico e social. O objetivo do artigo é avaliar se o registro de Indicação Geográfica de produtos do artesanato é uma ferramenta eficaz na proteção desses produtos e no desenvolvimento sociocomunitário. Na primeira parte do artigo, fazemos uma breve revisão acerca das normas e mecanismos de proteção relacionados à Propriedade Industrial. Na segunda parte, realizamos uma análise a partir de um caso concreto: as artesanias certificadas de capim dourado produzidas pelas comunidades tradicionais do Jalapão, no Tocantins. Os resultados do estudo assinalam que mesmo um instrumento de valoração e proteção de produtos e serviços difundido em escala global, como a IG, oferece uma proteção apenas parcial às artesanias de capim dourado, uma vez que não conseguem coibir infrações como a utilização de recursos naturais protegidos sem a devida autorização, a apropriação de saberes tradicionais e de recursos simbólicos por parte de terceiros e a comercialização de produtos pirateados em mercados internacionais.

Christian Agency and Lutheran Personal Status Laws in Palestine

Abstract In describing Christianity in the Middle East, scholars often highlight religious oppression, especially in relation to the larger Islamic context. Such contentious descriptions often cast Christians in the role of dhimmis, who are tolerated but not regarded as equal members of Muslim societies. Only in recent years some scholars have begun to modify their depictions of Christians and Christian-Muslim relations in the Middle East. While Christians in the Middle East have experienced and in certain regions continue to experience persecution, solely portraying them as victims does not do justice to the reality on the ground. By means of a case study on Palestine, I argue that an examination of the interaction between sharia (Islamic law) and Christian personal status laws sheds a different light on Christian identity and Christian-Muslim relations in the Middle East, and demonstrates the agency of Palestinian Christian communities in this respect.

Defining Crime, Delegating Authority - How Different are Administrative Crimes?

As the Supreme Court reconsiders whether Congress can so freely provide for criminal enforcement of agency rules, this Essay assesses the critique of administrative crimes though a Federal Criminal Law lens. And it explores the extent to which this critique carries over to other instances of mostly well-accepted, delegated federal criminal lawmaking - to courts, states, foreign governments, and international institutions. By considering these other delegations through the lens of the administrative crime critique, the Essay destabilizes that critique’s doctrinal foundations. It then suggests that if one really cares, not about the abstract “liberty” said to be protected by the separation of powers, but the lived “liberty” gained through careful and accountable criminal lawmaking, free from the pathologies that have bedeviled federal criminal law for more than a century, then administrative crimes are normatively quite attractive.

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.