Matter Of Law Research Articles

APhA pharmacy law matters: Legal and regulatory developments affecting pharmacy in 2020

APhA pharmacy law matters: Legal and regulatory developments affecting pharmacy in 2020

Practical Guide to Applying Behavioral Economics To Competition Policy and Law In Developing Economies

Over the past three decades, the international competition policy and law community has been affected and dramatically altered by two parallel developments: (i) the significant expansion in the number of developing, transition and emerging market economies with modern competition policies and antitrust/competition laws to more than 100 countries and jurisdictions at the present time; and, (ii) the growing literature, discourse, and disputes on whether the insights from behavioral economics and related behavioral literatures are relevant to and should be applied to the design, administration and enforcement of competition policies and antitrust/competition laws and related policies and laws by countries and multi-country competition law jurisdictions such as the European Union and COMESA (the Common Market for Eastern and Southern Africa). However, comparatively little research and policy analysis have been conducted on assessing the interactions between these two parallel global developments. This working paper attempts to make a contribution to addressing this gap, through providing an overview of, and some guidance on, the strengths and limitations of behavioral economics and related less conventional literatures for the design, administration and enforcement of competition and related policies and laws in developing, transition and emerging market economies and in the increasingly integrated global economy. Particular attention is given to the distinctive market, socioeconomic, institutional and political economy conditions and challenges in developing economies that are important to whether, why, when and how the insights from behavioral economics should be applied to their often comparatively new competition policies, laws, rules, functions, institutions, and authorities. The guidance provided in sections 3.0 and 4.0 encompasses seventeen guidelines on the selective application of behavioral science insights to competition law matters in developing economy markets, and eleven behavioral markers of anticompetitive and non-compliant conduct, which can assist with the development of behaviorally informed theories of competitive and consumer harm. The working paper includes a quite extensive bibliography with links to articles and studies when available, in order to assist readers who may not be very familiar with some of these less conventional literatures. Furthermore, footnotes and appendices are used extensively to provide additional information to readers interested in a specific subject, while keeping the main text of the report at a “relatively reasonable” length.

Transnational Migration of Laws and Norms in Corporate Governance: Fiduciary Duties and Corporate Codes

This paper explores the intersection of transnational law with contemporary corporate governance laws and principles. Transnational law, it must be said, is a far from settled concept. There is uncertainty as to what the term actually means, and how it differs from other concepts, such as national legal ordering or global law. For early theorists, the essence of transnational law was whether it regulated conduct or events that crossed national boundaries. More recent scholarship, however, has focused not on what is being regulated, but rather on how laws and norms are transmitted between supranational and local levels.Corporate governance, with its complex array of public and private actors, fits naturally within the modern conception of transnational law as a species of law that “can no longer be viewed through a purely national lens”. Financial markets today are global and interconnected and events, such as the 2007-2009 global financial crisis and the current COVID-19 crisis, exemplify the risk of contagion across those markets.Not only can corporate governance problems transcend national boundaries, so too can their solutions, which often involve regulatory efforts that operate at a transnational level. In this environment, the corporation has taken on a greater societal role. Indeed, according to The British Academy’s influential Future of the Corporation project, the main purpose of business today is “to solve the problems of people and planet profitably”.This paper explores, from a transnational perspective, the transmission of laws and norms that are designed to constrain directors’ conduct and enhance corporate accountability. It focuses on two key examples of such accountability mechanisms —fiduciary duties and corporate codes.The paper begins with a comparative and historical examination of directors’ fiduciary duties in the United States, the United Kingdom and Australia, analyzing the extent to which the transfer of fiduciary law to these common law jurisdictions has resulted in a unified approach to directors’ duties, as is often assumed by studies such as the law matters hypothesis. The paper then moves on to discuss the modern phenomenon of codes, such as corporate governance codes and shareholder stewardship codes. Corporate codes originated in the United Kingdom in the early 1990s, but have subsequently spread throughout the world. The paper explores the global transmission of these codes, which constitute powerful “norm creators”. The rise of corporate codes epitomizes the fact that transnational legal ordering occurs “multi-directionally and recursively up from and down to the national and local levels”. It also demonstrates the importance of “who writes the rules”, because this can affect the substance of those rules and result in significant divergence between national codes.The paper assesses these various developments against the backdrop of convergence and path dependence theories in corporate governance.

Aantekening: An update of recent labour law developments from South African courts 2021

This contribution summarises and addresses recent South African labour law cases from June 2020 to May 2021. It focuses on a number of noteworthy decisions handed down by South African courts on a range of labour law matters. The cases addressed here were chosen because they established new standards, greatly expanded on existing ones, or established new legal tests. These judgments have a notable effect on labour law and the employment relationship in particular. They are anticipated to be particularly influential in future cases. In this period, it has also become necessary for the courts to deal with a number of cases involving Covid- 19-related facts.

Changes in Czech Family Law in Light of the Principles of European Family Law

Czech family law has recently been re-codified as part of the new Civil Code. The intention of its main drafters was to build on the values and traditions of Christian-Jewish culture in the Czech Republic and to enrich Czech family law with a new dimension, especially in relation to international human rights conventions and developments in the field of human rights in general. Some sections have also been significantly influenced by the Principles of European Family Law (PEFL) developed by the Commission on European Family Law (CEFL) aiming at ‘better law’ and the harmonization of family law systems in Europe. It was stressed that the Principles of European Family Law regarding Divorce and Maintenance Between Former Spouses, the Principles of European Family Law regarding Parental Responsibilities and the Principles of European Family Law regarding Property Relations Between Spouses were published during the time of recodification of the new Civil Code and took into consideration. However, the Principles of European Family Law regarding the Property, Maintenance and Succession Rights and Duties of Couples in de facto Unions were published later. It is unclear whether the concept of unmarried cohabitation will be a challenge for Czech legislators. One can agree with the view that the new private law code should, in principle, cover all private law matters, including family law, as is customary in countries with comparable legal environments. And finally, the article was focused on the pending drafts, as developments in this area are not over, as further changes are on the way.

Scholarly Position of Hazrat Zenab (R.A.) and her contributions to Islamic Jurisprudence: A research study

Hazrat Zenab is a great lady of Islam. She was the daughter of Abu Salma (R.A.) al-Makhzumi, the great companion of Holy Prophet (peace be upon him). She narrated seven Ahadith directly from Holy Prophet (peace be upon him). Hazrat Zenab (R.A.) quickly grew to become known as an incredible scholar of Madinah, particularly in the field of Fiqh. She was an ardent and zealous student of Islamic jurisprudence. She has not only described Ahadith and reported her observations of events, but also interpreted them. She was ever-ready to guide the common people in religious matters. As a teacher she had a clear and persuasive manner of speech. Hazrat Zenab (R.A.) is a role model for women. She taught Islam too many people. She was an authority on many matters of Islamic Law, especially those concerning women. In this article an effort has been made to describe her services as her life shows to what height Muslim women can rise.

ANAK DEWASA KEMBALI MENETAP BERSAMA IBU BAPA SEMASA PANDEMIK COVID 19: SATU CABARAN DALAM KEHIDUPAN IBU BAPA

Due to the pandemic of coronavirus or Covid 19, those who were working, studying, and building lives on their own before, are affected. Many employees, mostly young people becoming jobless. Now, it is a great deal of these young people or adult children to go back to live with their parents. In other words, these adult children and/or grandchildren have to stay together with their family members, normally with their elderly parents or grandparents or even extended family members. This paper seeks to discuss the obligation and rights of the parties involved as regards Family Law in Malaysia. This paper uses the library study method, in addition, to analyse the provisions related to Family Law matters, and also by looking at reported cases related to the abovementioned matters. Finally, this paper discusses the actions and recommendations of the said parties involved in order to cope with the challenges of staying together during the pandemic of Covid 19.

Defense Law as the Foundation of the State Defense System in the Republic of Poland

The article presents an analysis of defense law in the legal system of the Republic of Poland in the context of its importance for the defense of the state. The author discusses the role of the state defense system in ensuring national security and presents defense law as a foundation for effective organization of this system. Moreover, the author analyzes the subject matter of defense law and points out the difficulties in its proper organization. The key issues discussed in the article are the need for defense law reforms and indication of the proposals as to the direction in which changes in this field of law should go.

Civil liability of an air carrier: certain aspects

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. All mentioned above facts affect the development of infrastructure inUkraine. That is why the issues related to the legal regulation of air transportation activity, including civil responsibility of air carrier,are relevant.Having analyzed current doctrine of civil law, we can conclude that nowadays researchers are paying more attention to a deepunderstanding and study of the general provisions of civil liability of the air carrier in general and various aspects and problematic issuesof it in particular. Special attention is paid to responsibility for the delays in the departure of a passenger and violation of the estimateddelivery time, delays, loss or damage to baggage caused by improper performance of air carrier’s obligations under the contract.To our mind, one of the main problems of the air transportation disputes regarding indemnification refers to the legislationapplied. The fact is that courts tend to use legislation limiting legal opportunities for protection of rights and legally protected interests.The main approaches of judicial practice regarding certain problems of civil liability of an air carrier have been determined. Particularattention is paid to the issues of compensation for moral damage caused to a passenger as a consumer of transportation servicesas a result of improper performance by the air carrier of its obligations.It is important to stress that analysis of various court decisions gives ground to conclude that compensation for moral damagecaused to a passenger is an open question which should be answered. Nevertheless, court practice has been changed recently. Legalposition formed by the Supreme Court regarding the possibility of compensation for moral damage in case the absence of enshriningsuch a person’s right in special acts of civil law, in our opinion, is absolutely correct and progressive.

The legal protection of persons living under the control of non-State armed groups

AbstractIn recent non-international armed conflicts in countries such as the Central African Republic, Iraq, Libya, Nigeria, South Sudan, Syria, Ukraine and Yemen, various non-State armed groups (NSAGs) have exercised control over territory and people living therein. In many cases, and for a variety of reasons, NSAGs perform some form of governance in these territories, which can include the maintenance of order or the provision of justice, health care, or social services. The significance of such measures became particularly apparent when in 2020 not only governments but also armed groups took steps to halt the spread of the COVID-19 pandemic. This article examines key legal issues that arise in these contexts. First, it analyzes the extent to which international humanitarian law protects the life and dignity of persons living under the control of NSAGs, rebutting doubts as to whether this field of international law has a role in regulating what is sometimes called “rebel governance”. Second, it provides a brief overview of aspects of the lives of people in armed group-controlled territory that are addressed by international humanitarian law and aspects that instead fall into the realm of human rights law. Third, the article discusses whether and to what extent human rights law can be said to bind NSAGs as a matter of law and flags issues that need further attention in current and future debates.

Prosecuting Foreign States

In recent years, the Department of Justice has shown increased interest in prosecuting entities associated with foreign states for activities including cybercrime, economic espionage, and sanctions violations. It has also sought third-party evidence from foreign state-owned entities in connection with high-profile criminal investigations, including the Mueller investigation. These actions raise fundamental questions about the immunities of foreign states and state-owned entities from U.S. criminal proceedings. This article provides the first comprehensive analysis of—and answer to—these basic questions. In doing so, it upends the widespread but misleading perception that the Foreign Sovereign Immunities Act of 1976 (FSIA) provides the sole basis for exercising jurisdiction over foreign states in every context. The better view is that the FSIA neither authorizes nor prohibits criminal proceedings. Until Congress enacts appropriate legislation, claims to immunity from such proceedings will remain a matter of common law. The common law of foreign state immunity from criminal proceedings warrants legislative attention. First, Congress can and should make explicit that the FSIA only governs civil proceedings. Second, it should clarify that state-owned enterprises are not entitled to blanket immunity from criminal proceedings simply because they are majority-owned by foreign states. Misapplying the FSIA’s expansive definition of “foreign state” to preclude criminal proceedings can impede the effective investigation and prosecution of foreign corporations whose activities have a significant impact in the United States, and that international law does not necessarily view as entitled to immunity. The default position should be that foreign state-owned companies are subject to the criminal jurisdiction of U.S. courts, at least with respect to their commercial activities.

Tanggapan Teologis Andreas A. Yewangoe Terhadap Otonomi Daerah di Indonesia Pada Era Reformasi

This article examines deviations from the original purpose of the regional autonomy system in the Reformation era. Since the beginning, the local autonomy system was a response to a centralized government system during the New Order regime. The implementation of regional autonomy so that each region can regulate, develop, and advance its region. However, the spirit of regional autonomy has been distorted due to public policies' existence through a set of rules that impose religious law, which ultimately limits the development of other religions. In reality, regional / regency regulations with religious nuances clash with the Republic of Indonesia's existing constitution. This study uses the literature method approach, which focuses on the topic of regional autonomy as well as conducting interviews with national figures Andreas A. Yewangoe because his thoughts will be raised in responding to deviations from the original purpose of the formation of regional autonomy policies in Indonesia. In conclusion, Yewangoe gave a theological response so that matters of religious law were aimed at his religious group, not being forced to be applied in a heterogeneous public space to create democracy in Indonesia following the principles of humanity and justice for Indonesian people.

Federal Court Review of State Court Interpretations of State Laws that Regulate Federal Elections: Debunking the 'Independent State Legislature' Notion Once and for all, and Keeping Federal Judges to Their Important but Limited Lanes

In the weeks leading up to and following Election Day 2020, Republican litigants, taking cues from a minority group of Justices, asked federal courts to undo state election rules on which voters relied in casting ballots. The judges who indicated openness to these requests asserted they have the power and the duty to correct misconstructions of state law by state courts and other adjudicatory agencies. Yet as every good law student knows, misapplication of state law, no matter how extreme, is itself almost always a matter of state law – a problem for state courts to sort out. This teaching comes not just from Erie, but from (among others) a landmark ruling over a century earlier, Green v. Lessee of Neal, in which the John Marshall Court emphatically affirmed the notion that when state courts construe state statutes, those interpretations of state legislative will must be respected by federal courts no matter how fluctuating or wrong-headed state jurists seem to be. The only exceptions to this – exceedingly rarely relevant and invoked – are instances when state courts misconstrue state law in ways that violate federal norms. And what is the federal norm that has been invoked in this context? That the word “Legislature” as used in Article I, Section 4 and Article II, Section 1 creates a federal entitlement along one or both of the following lines: (1) for the elected state legislature to have its enactments relating to election logistics fully implemented notwithstanding any conflicts between state statutes and state constitutions, and; (2) for the federal courts – assuming state constitutional limits can apply – to decide what those limits (and what the best ways to interpret state statutes) are. Both halves of this “we-must-protect-the-state-legislatures” theory are not just law-less, in that they are not grounded in the law, but are law-defying, in that they turn federalism on its head. Founding history and structure, as well as binding recent precedent, demonstrate that the theory nonsensically invokes constitutional provisions designed to protect states against federal interference (including from federal courts) and uses them instead to impermissibly disrespect the wishes of the state peoples who create, empower and limit their legislatures, and also the wishes of the elected legislatures themselves.

To Be (a State) or Not to Be?

Abstract One of the traditional criteria for statehood under the Montevideo Convention is that an entity possesses an ‘effective government’. Against this backdrop, this article discusses the impact of belligerent occupation on Palestine’s ability to possess an effective government, and thus fulfil the criteria for statehood. It argues that, as a matter of law, the requirement of effective government should not be interpreted strictly. Statehood does not require an immutable threshold of effectiveness; rather, the criterion has been flexibly interpreted and applied in practice. Belligerent occupation is a factual circumstance calling for such a flexible interpretation. While occupation impairs an occupied entity’s ability to exercise the functions of government, it does not affect statehood. Within the framework of the Rome Statute, the fact that the Court has jurisdiction over situations of belligerent occupation confirms this interpretation. Moreover, when assessing whether an occupied entity meets the criteria for statehood, deficiencies in effectiveness should be weighed against the principle of self-determination and international recognition. Applying those considerations to Palestine’s situation, the conclusion seems warranted that it meets the criteria for statehood under general international law and can thus validly trigger the Court’s jurisdiction to investigate and prosecute alleged crimes committed on its territory.

Submission to the Standing Committee on Justice and Human Rights, Parliament of Canada: Amendment to Bill C-7: An Act to Amend the Criminal Code (Medical Assistance in Dying)

This submission includes an amendment to Bill C-7 that would add a section to the general provisions of the Criminal Code concerning homicide and suicide (Appendix “A”). It uses the language of the criminal law: inflicting death, homicide, suicide and the well-established and well-understood criminal concept of to acts. The proposed amendment would establish that, as a matter of law and national public policy, no one can be compelled to become a party to homicide or suicide, or punished or disadvantaged for refusing to do so. The amendment would not prevent the provision of euthanasia or assisted suicide by willing practitioners, nor rational arguments aimed at persuading practitioners to participate, nor the offer of incentives to encourage participation. It is an addition that does not otherwise change the text of Bill C-7. Nor does it touch the eligibility criteria proposed by the Supreme Court and subsequent cases. However, the amendment would prevent state institutions or anyone else from attempting to force unwilling citizens to be parties to killing someone or aiding in suicide. It would prevent those in positions of power and influence from harassing, punishing or disadvantaging anyone who refuses to be a party to inflicting death on others.

Can a State Legislature Give Itself the Power After Election Day to Appoint a Slate of Presidential Electors for Its State?

Suggestions are swirling that some state legislatures might try to void a close popular vote in this year’s presidential election and after Election Day give themselves the power to appoint their state’s presidential electors or certify a slate of electors themselves. This Note analyzes the prospects for such action in eight swing states. We begin by recounting an effort in the Louisiana legislature in 1960 to replace a slate of Democratic electors appointed by the voters. With that history in place we ask whether the legislatures in these eight states can convene after Election Day. For those that can the next Part argues that as a matter of federal and state constitutional law they must repeal an existing permanent statute. The states with a political alignment making repeal and replace possible must then contend with the provisions of Title 3. 3 U.S.C. § 1 requires electors to be appointed on Election Day unless, as specified in 3 U.S.C. § 2 the state has “failed to make a choice” on Election Day. We review the history of these provisions and conclude that 3 U.S.C. § 2 does not allow a legislature to intervene and appoint electors when the popular vote count is close. Indeed, we note that four of the states in focus have taken advantage of 3 U.S.C. § 2 with explicit statutory provisions in case of a tied popular vote. As late as 1968 another one of these states took of 3 U.S.C. § 2 by giving the legislature appointment power if no slate of electors received a majority of the popular vote. We conclude by explaining that in seven of the eight states it would be clearly contrary to state law for the legislature to intervene and certify a slate of electors by itself. In the one state in which that might be possible we argue that the legislature cannot be convened in special session.

Into the Void: GAO's Role in the Regulatory State

The study of Congress has largely focused on the legislative and oversight mechanisms of its members, committees, and leaders. And the study of federal agencies tends to focus on the executive branch. But there are agencies and institutions that exist to support Congress, the internal operations of which have mostly been overlooked in administrative law and political science. Far more than ministerial, some of these agencies have the ability to shape policy in very meaningful ways. They also have their own institutional interests distinct from the legislators that they serve. As instruments of Congress, though, they are generally exempt from the Administrative Procedure Act and a host of other “good government” statutes that govern agency conduct. This does not mean that they operate in a lawless fashion, quite the contrary. They are bounded by statutes and have internal norms that guide their conduct. This article suggests what we might learn from closer study of these unusual agencies. One example of such an agency is the U.S. Government Accountability Office (GAO). Known mostly for its role as an auditor, the GAO’s activities have expanded over time. As part of this expansion, the GAO became a referee in an increasingly important part of the administrative state: determining which actions are “rules” under the Congressional Review Act. The significance of these opinions, which are not binding as a matter of law, has grown as legislators use them strategically in regulatory politics. Part I places the GAO into context along with other Congressional agencies, to shed light on the wide array of functions that they exist to serve. Part II explains the Congressional Review Act, the statute that allows Congress to disapprove rules using fast-track procedures. Part III describes the CRA legal opinions that the GAO issues and why they matter. Part IV sketches a surprisingly wide variety of policy implications of this phenomenon and suggests areas for future study.

To be agents or not to be agents, that is the question: the impact of the online platforms revolution on the notion of agency under EU competition law

In recent years, practitioners, commentators and competition authorities have been facing the question of whether online platforms fit the mould of a typical agent under EU competition law. The stakes are high. If online platforms could be qualified as agents, the obligations imposed on them in relation to the contracts concluded and/or negotiated on behalf of their principal(s) may fall outside Article 101 (1) TFEU. This article wishes to contribute to the debate in two ways. First, it offers an assessment of whether, under existing EU competition law, online platforms can be qualified as agents. Second, it provides a conceptual framework to determine whether the existing rules are fit for purpose. After a brief overview of the relevant case-law, the article finds that, as a matter of current law, online platforms can fall under the definition of agents. However, the article considers that the existing rules should be updated to reflect the disruptive changes brought by the online platforms revolution. The existing rules were conceived at a time when value was created and transferred following the traditional value chain (or pipeline) model. Value flew in a linear way from producers to consumers. Companies are nowadays increasingly shifting from the value chain model to a more complex business model, i.e. the platform model. The platform model re-shaped ordinary competitive dynamics. Under the platform model, value is created through a complex array of interactions among producers, a number of principals, consumers and online platforms. The output is a package of products and services. Online platforms compete with each other, with other market players and sometimes even with their principals. The article finds that these new challenges are not adequately addressed by the EU Guidelines on Vertical Restraints, that should be reviewed accordingly to catch up with the online platforms revolution.

THE INFLUENCE OF SCIENTIFIC INQUIRY MODEL ON SCIENCE PROCESS SKILLS IN ELASTICITY AND HOOKE LAW LEARNING MATERIAL

This study aims to determine the effect of the scientific inquiry model to improve students' science process skills on the subject matter of elasticity and hooke's law. This type of research was a quasi experiment with a control group design pre-test post-test. The population of this study were all Eleven (XI) class Senior High School 18 Medan in 2019/2020 academic years. The research sample was taken by using cluster random sampling technique which took 2 classes from 4 classes, namely class XI MIPA 1 as the experimental class and XI MIPA 4 as the control class with 26 students each. The instrument used was a cognitive question in the form of an essay with 7 questions that had been validated first. Before learning was carried out pretest, based on the results of pretest data processing, the average value of the experimental class was 15.49 and the control class was 12.09. The results of the pretest conducted by hypothesis testing with t-test at a significant level = 0.05, it was found that the initial abilities of the two samples were the same in terms of science process skills. Furthermore, learning was carried out using the scientific inquiry learning model in the experimental class and conventional learning in the control class. After being given a different treatment model, the two classes conducted a postest to see the students' final abilities. The average value of the experimental class was obtained 78.24 and the control class was obtained 69.67. Based on the hypothesis test with the t-test, it was found that there was a significant difference, which means that there was a significant influence from the scientific inquiry model on science process skills accompanied by an assessment of students' science process skills activities.

Modern Civilistic Instruments of Medical Reform: Issues of Law Implementation and Law Enforcement

The study of the latest civilistic instruments of medical reform is conditioned by its purpose, which is to clarify the legal nature of the declaration of choice of primary care physician and the contract for medical care under the programme of medical guarantees, highlighting the specific features of the right to choose a doctor, conditioned by the outlined tolls, as well as identifying gaps and controversies in the legislation of Ukraine and judicial practice in law enforcement in this area. The main method of the study was the method of studying judicial practice, which allowed to assess the effectiveness of law enforcement, the level of perception of legislation in this area in practice, as well as to determine the necessity of improving the legal regulation. The study highlights the problematic aspects related to the exercise of the right to free choice of a doctor, in particular due to legislative changes regarding medical reform. The legal essence of the declaration on the choice of a primary care physician has been covered. The study clarifies that it is not a transaction, but a document certifying the exercise of the right to freely choose a primary care physician. The contract on medical care of the population under the programme of medical guarantees is analysed and its civil law matter is established. It is determined that it is a contract for the provision of services under the public procurement, concluded for the benefit of third parties. The reimbursement agreement was also investigated, which is also an agreement in favour of third parties – patients in terms of full or partial payment for their medicines. The judicial practice is analysed, which gives grounds to assert the problems with enforcement and administration of law, and proposals are made to improve the current legislation, including in the aspect of the subject of the contract under the programme of medical guarantees. The "legitimate expectation" that arises in a person in the presence of regulatory guarantees is under conventional protection, as illustrated by the European Court of Human Rights in its decisions, and to change the paradigm of implementation requires a transformation of legislation. The practical significance of this study is to intensify scientific intelligence in this direction, to improve the legal regulation of these innovative legal constructions, to optimise the enforcement and administration of law in the outlined civilistic plane