Reform Of Rules Research Articles

Introducing a New Idea: Severance of Public Parking in Iran

In 1902, Mozafaredin Shah was familiar with the car on his trip to Europe and brought two cars to Iran. Gradually more cars were brought into the country. Since 1921, the body of Iran's major cities was affected by movement of vehicles. Nowadays, the unbridled use of cars affects Iran's urban management, particularly in cities with a population of more than fifty thousand persons. In addition to the many advantages, the vehicle presence in Iranian cities sometimes has negative consequences. Traffic, noise and air pollution are inevitable disadvantages. Lack of public and private parking is a serious issue for those involved in planning and urban management in Iran, leading to social and economic costs. Lack of parking in Iranian cities is affected by cultural and economic factors and administrative structures. The creation of public parking will not be improved without modification of the factors. Hence, this study introduces a new idea based on the reform approach which resolves a significant part of the problems. This idea is based on the revision and reform of registration rules. A corrective action in the event of operational supports leads to improving the construction of public parking. This new idea provides the severance of public parking and the possibility of issuing the entire document for each unit of parking.

Social sciences lose out again in Common Rule reform

The Common Rule's incoherent approach to ethics regulation will change little in the way institutional review boards and researchers interact, says Robert Dingwall.

Therapeutic Jurisprudence, Coercive Interventions, and Human Dignity

<p> </p><p><span style="font-size: medium;"><span style="font-family: Times New Roman;"><em>Therapeutic Jurisprudence pursues the reform of legal rules, procedures, and roles in order to promote the well-being of those affected without violating other important values embodied in law. This paper requires analysis of those relevant values and of the significance of those values for the most justified approach to defining and pursuing individual and public well-being. The analysis presented here provides a preliminary example of such an analysis that addresses human dignity as one value relevant to the most justified application of police power and </em>parens patriae<em> interventions to individuals with mental illness. </em></span></span></p><p> </p>

Unification of choice-of-law rules for defamation claims

Libel tourism is a type of forum shopping in the field of defamation, whereby the claimant institutes proceedings in the State, where he expects to get the most favourable result. In defamation litigation England is generally considered to give the most favourable result. In order to limit libel tourism, the EU legislator could harmonize substantive law, limit the number of courts that have jurisdiction for defamation litigation and/or adopt a uniform choice-of-law rule for defamation. Harmonizing substantive law and a reform of jurisdiction rules seem unlikely in the near future. Therefore, this article focuses on the choice-of-law rule. This article argues that there is a need to include a uniform choice-of-law rule for defamation into Rome II. The place where the victim has his centre of interests constitutes an appropriate connecting factor and would improve legal certainty, foreseeability and uniformity and reduce the chilling effect on free speech.

The transatlantic world of Charles Stewart Parnell (1846–91)†

This article explores the transatlantic world of Charles Stewart Parnell, leader of the Irish home rule and land reform movements and the Irish Parliamentary Party in the parliament of the United Kingdom of Great Britain and Ireland at Westminster between 1877 and 1891. Based on hitherto unused sources and reviewing existing material, it adopts a longer timeframe than previous studies. The American heritage of the Parnell family is examined, in particular how their American relatives, the forebears of Parnell’s mother Delia Stewart, engaged with the emerging American republic. It reveals how a transatlantic familial network became an intrinsic part of Charles Stewart Parnell’s political and social world, influencing his rhetorical and political stance on Ireland’s destiny. Parnell’s transatlantic links provide an important key to understanding both his political outlook and his sense of personal identity.

Amicus Curiae Brief Presented to the Inter-American Court of Human Rights in the Case of IV V. Bolivia

The IV v. Bolivia case examines the rights of a Bolivian migrant woman who was given a tubal ligation (sterilized) without her informed consent. In this amicus curiae, Ciara O'Connell (University of Sussex) and Diana Guarnizo-Peralta and Cesar Rodriguez-Garavito (Dejusticia) intervene in order to explain how the medical field frequently becomes a place where discrimination is exercised against women in the form of gender stereotyping and paternalistic control. This amicus requests that the Inter-American Court issue reparation provisions in order to guarantee non-repetition of these women's reproductive rights violations. The suggested reparations consist of the adoption of education programs aimed at training medical students and medical professionals, as well as the general population, and reform of internal rules and manuals on informed consent so that they comply with international standards.

Opodatkowanie przeniesienia własności nieruchomości, prawa użytkowania wieczystego gruntu, spółdzielczego własnościowego prawa do lokalu mieszkalnego – w poszukiwaniu optymalnych regulacji prawnych

This article concerns the analysis of completing the universality principle of property ownership transfer taxation. It has been stated that many transfer of property ownership agreements are not subject of taxation under the acts of tax on civil law transactions, VAT and inheritance and gift tax, which is the result of the legislator’s will. A wide range of exemptions is included in each of the abovementioned three acts and it is the legislator’s intention that they are the subject of taxation according to these acts. The legislator narrowly defined the objective range of property transfer of ownership agreements. It has been stated that accomplishment of the universality principle of property ownership transfer taxation does not require a reform of taxation rules and, in particular, the introduction of a new tax. Adjustment changes such as updating the taxation rules of property ownership transfer by widening the range of objectives in agreements to be taxed according to tax on civil law transactions, VAT, inheritance and gift tax by eliminating some exemptions and simultaneously by reducing tax rates on property ownership transfer tax in tax on civil law transactions and inheritance and gift tax are sufficient.

Decolonizing Britain and Domesticating Women

Abstract This article deploys an intersectional, transnational, and postcolonial approach to uncovering what is repressed and connoted in recent pronouncements that multiculturalism in Britain has failed and that it is time for Britain to return to a lost, indigenous, “active, muscular liberalism,” one that must now reassert its authority at home and abroad. To grasp what is at stake in calls for the reinvigoration of an active, muscular liberalism as simultaneously the indigenous personality and identity of not only the British “people” and nation, but indelibly of the West, they must be located within the history of British colonialism and its intersections with white, Western, imperial patriarchy. This article does so by explicating the intersections of gender, race, and class in the post-1945 double-inscription of metropole and colony in British liberalizing social reform and national reconstruction projects, symbolized by two major British government reports published in the 1940s. These are the Moyne Report (GBCO 1945), which shaped the transition of Britain's Caribbean territories from colonial to independent nations, and the Beveridge Report (Beveridge 1942), which shaped the modern British welfare state. What becomes apparent in both reports is how ethnically and racially differentiated categories of women were produced, targeted, and deployed in British metropolitan and colonial state discourses concerning the management of women and reform of racial rule at home and abroad.

발표논문 : 상장회사 특례제도의 문제점 및 개선방안

발표논문 : 상장회사 특례제도의 문제점 및 개선방안

Making Free Trade Deals Work for Small Business: A Proposal for Reform of Rules of Origin

The high costs of complying with Rules of Origin (ROO) requirements mean that small and medium-sized firms (SMEs) often find it cheaper and more efficient to pay customs duties instead of producing the paperwork that would allow them access to preferential, often zero tariffs under trade agreements, according to a new report from the C.D. Howe Institute. In “Making Free Trade Deals Work for Small Business: A Proposal for Reform of Rules of Origin,” author Dan Ciuriak outlines a ‘presumption of origin’ proposal that would improve SME access to FTA preferences by modifying a specific feature of how ROOs are applied. This, says the author, would help improve the performance of SMEs under Canada’s existing free trade agreements (FTAs), and indeed should be incorporated in FTAs currently under negotiation, such as the TPP.

Vive la difference? Convergence and Conformity in the Rules Reforms of Arbitral Institutions: The Case of the LCIA Rules 2014

Many international arbitration institutions have reformed their Rules within the last five years, including the International Centre for Dispute Resolution (ICDR (2009)), Stockholm Chamber of Commerce (SCC (2010)), International Chamber of Commerce (ICC (2012)), Singapore International Arbitration Centre (SIAC (2013)), Hong Kong International Arbitration Centre (HKIAC (2013)) and now the London Court of International Arbitration (LCIA (2014)).The LCIA's reform of its Rules appears to be part of an increasing convergence of the procedures of international arbitration institutions. This is particularly apparent in three aspects of the new LCIA Rules: the new availability of emergency arbitrators; the inclusion of consolidation provisions and rules on the treatment of third parties generally; and the imposition of 'soft' ethical standards on arbitrators, experts and legal representatives. This article examines this phenomenon of convergence among arbitration institutions, and assesses its desirability. Are these second generation reforms to institutional rules similar because they are addressing common user concerns and general teething problems with earlier rules? Or are other influences pushing arbitral institutions towards conformity in their procedures? This article analyses empirical data concerning the extent to which choice and flexibility in procedures are desired by users of arbitration. In light of this data, we consider the extent to which the LCIA rule reforms and other institutional rule reforms are catering to user preference and how this might be improved.

Proposals for Reform: A French Perspective

The paper first analyzes where France stands in the global picture, and then describes how it is trying to keep the current financial crisis in check. The 2008 French Bank Relief Act created both a financing company and a recapitalization company to help financial institutions via a government guarantee. The relief plan also gave way to a Strategic Investment Fund, and a “Big Loan” program is being implemented. Other interventions, which are more structural, include the reform of securitization, hedge funds, and rules for executive compensation. Finally, the paper proposes a few paths for reform.

The economics of subsidies for R&D: Implications for reform of EU state aid rules

The primary aim of the reform of EU rules on research, development and innovation for the period 2014–20 is to ensure that aid stimulates more research and that it is kept to the minimum necessary. This paper develops a simple model that identifies a number of problems in the public funding of private research and demonstrates that the determination of the optimum subsidy for research is a complex task. The results suggest that research subsidies should be allocated in a way that reduces the amount of subsidy per recipient firm and ensures that the subsidies go to more efficient firms.

Does Higher Malpractice Pressure Deter Medical Errors?

Abstract An important objective of medical liability law is to deter medical errors by punishing negligent mistakes. However, relatively little evidence exists on the deterrence effect. Using newly constructed measures of preventable medical complications and state tort reforms in the United States between 1994 and 2007, I find evidence that higher liability pressure deters preventable medical complications associated with four specific obstetric and gynecologic procedures. The results also show that the effects of tort reforms vary according to the specific reform in question. While joint and several liability reform (which increases doctor accountability) appears to decrease preventable medical complications, collateral source rule reform and caps on punitive damages appear to increase these complications. Opponents of tort reform often argue that tort reforms may adversely affect patient safety, and the results of this paper suggest that such a concern is legitimate.

The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market

The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market

Rulemaking in the Age of Twombly and Iqbal

In this article I am essentially trying to answer one critical question: Faced with the controversy triggered by the Supreme Court’s decisions in Bell Atlantic Co. v. Twombly (2007) and Ashcroft v. Iqbal (2009), particularly over access to the courts, why have judicial rulemakers not proposed rule reforms to address the concerns raised? This question is particularly puzzling when one realizes that over the last seventy-five years the rules committees have consistently rejected proposals to stiffen pleading requirements along lines similar to what the Court decreed in Twombly and Iqbal. It is as if Congress had repeatedly voted against amending a statute that had been on the books for years only to have the Court through judicial interpretation effectively rewrite the law as though it had been amended. While we reasonably might predict that at least some in Congress would call for a legislative response if this happened, five years after Twombly no proposals for rule reform have been forthcoming and there is no momentum on the rules committees in favor of reform. Why? In this paper I argue that uncovering what has kept rulemakers from acting in the past permits us to interrogate whether those reasons can justify the same course in the future. Ultimately, I conclude that the justifications of the past are no longer sufficient and that the case for immediate rule reform is strong. Beyond its immediate relevance to the unresolved pleading problem, the added perspective gained by examination of the rulemakers’ deliberations can also deepen our understanding of the rulemaking process generally, providing new insights about how the process of making new rules and evaluating existing ones may be improved.

The political economy of the Reconstruction Era’s race riots

This paper analyzes the political economy of the Reconstruction Era’s (1865–1877) race riots through the economic logic of rules. The central argument is that the race riots were not an inevitable outcome at the end of the Civil War, but instead occurred because of the absence of effective rules to raise the cost of engaging in violence. We offer a general framework of ‘rule stickiness’ to analyze the process of rule reform. This framework offers insight into the conditions influencing the enforcement costs of formal rules, as well as the likelihood of third-party enforcers effectively monitoring and punishing rule breakers. The Memphis race riot of 1866 is provided as a case study to illuminate the explanatory power of the theoretical framework.

Complaints of the lesser commune, oligarchic rule and baronial reform in thirteenth-century Oxford*

In 1253 the ‘lesser commune’ of Oxford directed a petition to Henry III with complaints against the ‘magnates’ there who were misusing their powers over taxation and commerce and otherwise abusing their authority. After examining the persons and the complaints, this article concludes that the petition is credible and its complaints consistent with the concerns of the baronial reform movement. But after 1265 the old oligarchy was able to reassert its local dominance. The article contributes to the ‘pre-history’ of the reform movement and to the role of towns in it, both of which are still largely unexplored.

New Bankruptcy Rule 2019: Boon or Bane for Distressed Investors?

Recent changes to Federal Rule of Bankruptcy Procedure 2019 clarify and significantly alter disclosure requirements for creditors and equity holders that act in concert in Chapter 11 bankruptcy proceedings. These changes, which took effect on December 1, 2011, primarily impact hedge funds and other distressed investors who regularly choose to participate in Chapter 11 proceedings via membership in an official or ad hoc committee. New Rule 2019 requires every member of an official or ad hoc committee to publicly disclose each economic interest it holds “in relation to the debtor.” As a result, those distressed investors who elect to participate in Chapter 11 cases via committee membership are now required to disclose short and derivative positions in claims against, and securities of, the debtor. This Note describes the factors that spurred reform of Rule 2019, explains recent changes to Rule 2019, and describes how these changes will affect members of ad hoc committees. Additionally, this Note analyzes the potential impact the recent changes on distressed investors, with particular attention to how these changes will affect distressed investors’ return on investment. The Note concludes that distressed investors’ broad-based support for New Rule 2019 is explained by the fact that distressed investors, as a class, stand to realize several important benefits from the recent changes to Rule 2019, without any significant corresponding costs.

Sobre la inclusión de la discapacidad en la teoría de los derechos humanos.

Las teorias de la justicia en general y las teorias de los derechos humanos en particular se han venido cimentando desde la ilustracion en una serie de referentes que resultan excluyentes para las personas con discapacidad. Este problema no ha sido resuelto por las grandes concepciones contemporaneas de la justicia. Una buena y completa teoria de los derechos debe incluir en terminos de igualdad a las personas con discapacidad lo que exige una revision profunda de algunos de sus presupuestos basicos. Dicha inclusion se presenta como un reto teorico urgente que es necesario afrontar para abordar de manera razonada las reformas legales que deben realizarse en la practica.