Statute Of Limitations Research Articles

Lived and perceived space during lock-down in a sensitive map approach

Abstract. The first lock-down in France due to the Covid-19 pandemic happened during spring 2020. It meant restrictions for everyone regarding reachable space and possible time length outside home. The seminar of sensitive mapping taking place in École des hautes études en sciences sociales (EHESS) went online and proposed an exercise to investigate the consequences of these statutory restrictions on individual lived and perceived space. The defined protocol of the exercise was based on the framework of the sensitive map approach. This approach adapts the principles of conventional cartography so that to favour personal information selection and design. Each participant of the seminar had the task to map their space. Displayed information should concern meaningful elements from their spatial environment. Other targeted information was sensitive information including emotions, feelings, and opinions as well as perceived elements from the five senses. The resulted map corpus offers diverse mapping creations. Each map contains several graphic items. Items are mainly cartographical displays enriched with non-cartographical drawings, pictures, photos, records, charts. Techniques were mixed: pen, fabrics, computer-based. The themes of displayed elements are about spatially-stable features like the dwelling, buildings remained open, green spaces, and about ephemeral and sensitive information like social interactions, people, perceived sounds, smells and feelings about the lock-down situation and the pandemic. Some maps have used or were inspired by topographic maps. Though in most maps, distances and topology are subjective. Sensitive mapping appeared as an interesting approach to collect individual testimonies and might be complementary to statistical studies.

Spatial Dimension of Transport Exclusion Related to Statutory Trade Restriction—The Use of ITS Tools in Studies of Sustainable Urban Development

The problem of statutory restrictions of the freedom to conduct business activities is a subject addressed by many researchers. On the other hand, there is little research into the spatial aspect of this phenomenon and its impact on the quality of life of the inhabitants of urban centres in terms of their exclusion from one of the key motivations for travelling, namely shopping trips. The main purpose of the article is to determine the impact of the introduction of a statutory restriction on Sunday trading on sustainable urban development in terms of identifying areas excluded from free access to such services within a large urban settlement in Poland. Our studies on accessibility by car utilised data from ITS systems, the assumptions of the probabilistic Huff Model, and methods to determine market catchment areas. The data used in the study were based on the results of a questionnaire survey. The research procedure was conducted for eight scenarios that covered two periods (March 2019 and November 2020) on trading and non-trading Sundays. The conducted research shows that changes in the temporal accessibility of grocery shops in Łódź within the analysed periods are noticeable for trading and non-trading Sundays. In both cases, accessibility by private car is decidedly worse on non-trading Sundays. Transport exclusion from accessibility to grocery shops applies, in particular, to residents of peripheral areas of the city and is further compounded by the statutory Sunday retail restrictions implemented nationwide.

STATUTORY OF LIMITATION FOR JUVENILE IMPRISONMENT

Statutory limitation is the base that leads to the expiration of a criminal sanction after a certain period of time. Since the statute of limitation is determined by the state through legal regulations, it means that in the end it represents a complete waiver of the state's right to punish due to the passage of time. Statute of limitation is given to a public, general social interest. When it comes to criminal sanctions against minors, then we say that educational measures do not become obsolete due to the expiration of a certain period of time from the finality of the decision on their imposition, which corresponds to the nature, character, content and purpose of this type of criminal sanctions. Then the following institutes are applied: a) suspension of execution and replacement of the imposed educational measure with another educational measure (Article 24 of the ZOMUKD) and b) re-decision on educational measures (Article 25 of the ZOMUKD). When it comes to an older juvenile who has been sentenced to juvenile imprisonment for a serious crime, the statute of limitation for the execution of that sentence is defined in the Article 33 of the ZOMUKD.

The institute of statutory limitation in criminal procedure and in criminal law

The institute of statutory limitation in criminal procedure has an extreme importance and through this research we will get to know more about the new provisions of Criminal Procedure Code and the Criminal Code of Republic of Kosovo regarding the statute of limitations of the criminal prosecution and the statute of limitations of the execution of the criminal-legal sanctions.
 The object of research: Analysis and the synthesis facts and essential legal provisions of Criminal Procedure and the Criminal Code of the Republic of Kosovo for statutory limitation (hereinafter SoL), by using scientific theory, methodology and scientific research in order to gain scientific knowledge.
 The main scientific results: The institute of statutory limitation in the Criminal Procedure in the Republic of Kosovo is analyzed with the provisions of the Criminal Code and Criminal Procedure Code. Moreover, SoL is analyzed and compared with legal provisions in the abolished Criminal Code and the new Criminal Code of Republic of Kosovo as well. Improvement of the efficiency of the Institute of SoL in criminal law and criminal procedure has been found through new amendments to the legal provisions of the Code of Criminal Procedure and the Criminal Code
 The area of practical use of the research results: Are the newest data for the institute of SoL in the criminal procedure and in criminal law as well. The conducted research made it possible for lawyers, criminologists, victimologists, Non-Governmental Organizations (hereafter: NGOs) and all stakeholders to obtain additional information about the Institute of SoL in Criminal Procedure Law and Criminal Law in the Republic of Kosovo.
 Innovative technological product: Identification and the analysis of new changes in legal provisions of Criminal Procedure Code and Criminal Code of the Republic of Kosovo for efficiency improvement of SoL institute.
 Scope of the innovative technological product: This research will contribute and fulfill the scientific knowledge fund on the SoL problem in Kosovo and its enforcement. Also, the research results can create some starting points for more complex scientific research in the future for the Institute of SoL in the Republic of Kosovo or in the other countries of the region.

IPOs and Corporate Taxes

How does going public affect firms’ tax obligations and tax planning? Using a panel of U.S. corporate tax return data from 1994 to 2018, we compare tax payments for firms that completed an IPO with those that filed for an IPO but later withdrew and remained private. We find that in the years immediately following IPO completion, firms have a higher probability of paying taxes and pay more U.S. tax. The effects occur regardless of tax status in the pre-IPO period and are not explained by statutory limitations imposed on the use of pre-IPO losses. Higher income reported for financial reporting purposes, as well as lower interest deductions attributable to debt repayment, contribute to the increased tax payments. These increases are partially offset by higher tax deductions for post-IPO investment and employment spending. Furthermore, the IPO is associated with increased tax planning through foreign tax haven use. The evidence adds to the nascent literature examining corporate tax implications of the IPO decision.

Prior User Defence Is not Considered a Subjective Right but a Statutory Limitation of Trademark Rights

Ketofit

Advance Directives and Research Advance Directives

Advance Directives and Research Advance Directives

The Challenge of Imposing Just Sentences Under Mandatory Minimum Statutes: A Qualitative Study of Judicial Perceptions

Mandatory minimums limit judicial discretion in many jurisdictions in the United States, often compelling judges to impose harsh incarcerative terms. Using qualitative interviews with 41 criminal term judges presiding in a state in the United States, we explore how mandatory minimums influence the judicial sentencing function. We find that judges vary in their approaches to sentencing and that their approaches correspond with their perceptions of mandatory minimum statutes. While our respondents consider case-level, systemic, and pragmatic factors, the majority of judges are focused on the case level and perceive that mandatory minimums often strip away the flexibility they need to craft appropriate sentences in individual cases, leading to punishments that are unduly harsh, and sometimes preventing the imposition of promising alternatives to incarceration. Some judges experience moral dilemmas and guilt feelings during this process. In contrast, judges who highlight pragmatic factors (e.g., public perceptions) are more receptive to statutory restrictions.

Children\u2019s measured exposure to food and beverage advertising on television in Toronto (Canada), May 2011\u2013May 2019

ObjectiveExposure to unhealthy food advertising is a known determinant of children’s poor dietary behaviours. The purpose of this study was to quantify and characterize Canadian children’s exposure to food advertising on broadcast television and examine trends over time.MethodsObjectively measured advertising exposure data for 19 food categories airing on 30 stations broadcast in Toronto were licenced for May 2011 and May 2019. Using ad ratings data, the average number of food advertisements viewed by children aged 2–11 years, overall, by food category and by type of television station (child-appealing, adolescent-appealing and generalist stations), was estimated per time period.ResultsIn May 2019, children viewed an average of 136 food advertisements on television, 20% fewer than in May 2011. More than half of advertisements viewed in May 2019 promoted unhealthy food categories such as fast food (43% of exposure), candy (6%), chocolate (6%) and regular soft drinks (5%) and only 17% of their total exposure occurred on child-appealing stations. Between May 2011 and May 2019, children’s exposure increased the most, in absolute terms, for savory snack foods (+7.2 ad exposures/child), fast food (+5.4) and regular soft drinks (+5.3) with most of these increases occurring on generalist stations.ConclusionCanadian children are still exposed to advertisements promoting unhealthy food categories on television despite voluntary restrictions adopted by some food companies. Statutory restrictions should be adopted and designed such that children are effectively protected from unhealthy food advertising on both stations intended for general audiences and those appealing to younger audiences.

Should Statutory Restrictions on NP Practice Be Relaxed During Emergencies?

Should Statutory Restrictions on NP Practice Be Relaxed During Emergencies?

International Crimes or Ordinary Crimes? The ‘Dual Classification of the Facts’ as an Interpretive Method

Abstract Many domestic courts, when prosecuting atrocities committed in their dictatorial or warring past, have been facing a real dilemma: whether to classify the facts as ordinary crimes, foreseen by the domestic legislation prior to the facts and therefore consistent with the principles of legality and non-retroactivity, or as international crimes, which do not grant the same compatibility but allow to overcome the obstacles to prosecution imposed by statutory limitations and amnesties. The paper focuses on an interpretative method developed by several Latin American tribunals to overcome this impasse, by means of a combined application of the two criminal categories. Although this ‘dual classification of facts’ apparently solves the dilemma, it is flawed from both a methodological and substantive perspective. After scrutinising these problematic issues, the paper analyses some alternative interpretative proposals that may also allow to avoid impunity, but without impinging on fundamental principles of modern criminal law systems.

The Term/Duration Required for the Termination of Labor Agreement

“Statutory limitation–Terms/durations” are not accepted for all terminations to be enforced by employee or employer, which is specified in the 26th article of Labor Law, numbered 4857. The terms specified in the aforementioned article are applicable only on the condition that the labor agreement is canceled by basing upon circumstances, which do not comply with codes of ethics and goodwill and other similar principles. Therefore, a term of 1 year or six business days are not taken into account in case of a termination of labor agreement with any valid reason other than termination by the employer under article 25/II of the Labor Law or termination by the employee under article 24/II of the Labor Law. The terms specified in the aforementioned article cannot be considered also for terminations with a valid reason. Based on the content of the regulations, terminations with a valid reason other than article 24/II of the Labor Law and article 25/II of the Labor Law should be concluded in terms of duration. In this direction, it will be accurate to agree upon the fact that both the employer and the employee can exercise the right of termination as long as the reasons specified in the relevant provision continue under the content of regulations. However, under the content of relevant regulation, reasonable time shall be sought only for the reason of termination with a valid reason included in the article 25/I,a of Labor Law. Similarly, for terminations to be executed with a valid reason, the reasonable time to be determined according to the characteristic of concrete case and qualification of the termination shall be based on. In the scope of our study, the subject was mainly evaluated within the framework of the Labor Law numbered 4857 due to the wide application area, but the term related to termination was also considered as regards other individual labor laws and the Turkish Code of Obligations.

Data Protection Commissioner v. Facebook Ireland Ltd. and Maximillian Schrems (C.J.E.U.)

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its ruling in Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems, commonly known as Schrems II, invalidating the EU–U.S. Privacy Shield as a valid transfer mechanism under the EU's General Data Protection Regulation (GDPR) and creating significant legal uncertainty for the continued availability of another widely used transfer mechanism, Standard Contractual Clauses (SCCs), for transfers of EU personal data from commercial entities in the EU to the United States. The widely anticipated ruling marked the second time in five years that the CJEU had invalidated the legal foundation for such data transfers, which in both cases had been the result of a carefully negotiated compromise balancing European data privacy concerns with statutory and constitutional limitations of the U.S. system (see Schrems I).

The new constitution freezing the press: Freedom of expression and statutory limitations in Libya

This study examined the Libyan conflict which started in 2011 until now. In the same way, the study also focused on how Libyan journalists are fighting for media freedom, particularly in the context of the media laws in the new Constitution of 2017. Through focus group discussions were done with 40 Libyan journalists. The findings of the study indicated that some media laws did not conform to the international laws and UN treaties, which the Libyan Parliament Committee approved. Another finding of the study was that the journalists advocated for a change in the media laws so that they subscribe to the international law. In addition, the journalists also noted that the Constitution should guarantee press freedom. The journalists indicated that they receive threats if they publish stories critical of the governments or ISIS. They also suggested that their actions as journalists have not been sufficiently factored into the political science framework of the safety valve which may be playing the same role with the new democratisation process in 2021. In the context of these findings, the following recommendations were made: the new government should change Articles 35, 37, 38, 42, 43, 46 and 132 to conform to the international laws and UN treaties.

The Prospects for Tobacco Plain Packaging in Asia: No Longer Smoke up in the Air?

The finalization of negotiations over the Trans-Pacific Partnership (“TPP”) in October 2015 saw an exemption for tobacco products in the investor-state dispute settlement mechanism. This carve out for tobacco products paved the way for governments to consider introducing plain packaging without the concern that tobacco companies would take legal action against them. Most prominent, however, has been the World Trade Organization’s (“WTO’s”) 2018 ruling affirming a country’s right to impose tobacco plain-packaging rules because WTO agreements contain exemptions that permit countries to implement regulations which deemed it necessary to protect the health of their citizens. This article discusses the impact of this decision on initial proponents of tobacco plain packaging including Australia who have introduced statutory limitations on tobacco plain packaging, and the impact that these negotiations will have on opponents of plain packaging, particularly for countries in Asia with establishing trademark regimes. This article presents fresh insight into the legality or otherwise of this tobacco control measure under the Agreement on Trade-Related Aspects of Intellectual Property Rights, relevant international health instruments, and negotiations over the TPP. In particular, it makes pertinent policy recommendations to pave the way forward for legislatures and policy-makers after an analysis of whether plain packaging comes within the scope of the international system for trademark protection as implemented in Thailand, the People’s Republic of China and Australia.

The statutory prohibition of advertising of the pharmacy and its activity: legal and economic approach

Motivation: On a macroeconomic scale, competitiveness is conditioned by both the actions of institutions at the central level, decisions taken by the legislative and executive authorities, as well as the potential of entrepreneurship, which is diversified depending on the level of socio-economic development of society. In turn, the economic, legal and administrative environment created by the state has a significant influence on the possibilities and way of conducting economic activity, because this environment shapes the external factors of the enterprises competitiveness. Aim: The purpose of this article is the legal-economic analysis regarding advertising of pharmacies and their activities, taking into account a broad spectrum of doctrinal and jurisdiction views. The subject of the analysis is the function and significance of advertising as shaping the potential of enterprise competitiveness in the context of pharmacy activity. The article uses the method of legal regulation analysis. Results: Taking into account the admissibility of the statutory limitation of the principles of shaping an enterprise competitiveness potential, the necessity should be emphasized of correct interpretation of the law, taking into account the objectives of the introduced restriction and applying only a proportional and adequate mechanism for sanctioning its infringements. In the context of the activities of pharmacies, as public health care facilities, the above remarks have special significance. The undisputed supremacy of the public purpose of a pharmacy activity can not deny the importance of an economic goal as the basic mechanism of an enterprise activity, the achievement of which is an economic guarantee of the public purpose implementation.

A Proposal for a Nominative Fair Use Provision in Chinese Trademark Law

The new Chinese Trademark Law in 2019 set forth several statutory limitation of trademark right, including descriptive fair use. However, it does not provide any defense for the nominative fair use. Absence of the nominative fair use defense against trademark infringement, China courts apply improper standard to determine such nominative use, and it results in frustrating purpose of trademark law and expanding trademark holder right. After many cases had been determined subject to the doctrine of nominative fair use, the United States well established the doctrine of nominative fair use, also there are statue basis of nominative fair use in the United States federal dilution statute. As this article will demonstrate, Chinese Trademark Law should adopt a nominative fair use defense. The main reason for allowing such use is that such use can reduce customer search costs and promote free flow of information in the market which is a goal of trademark law. So far there is not any satisfactory solution. The article proposes adoption of US common law nominative fair use doctrine with China civil law styled.

Texas Governor Greg Abbott and His Court: The One Ballot Drop-Off Site Per County Case

In Abbott v. Anti-Defamation League, Common Cause, and Robert Knetsch, the Texas Supreme Court sided with Republican Governor Greg Abbott in a legal challenge to his order reducing the number of drop-off sites for mail ballots during the early voting period of the 2020 general elections to just 1 per county regardless of the county’s population and geographic size. Counties in Texas range in population between a few hundred to several millions.The lower courts had ruled for the plaintiffs and enjoined Abbott's reduction order, but the all-Republican high court reversed and used the occasion to greenlight Abbott’s use of emergency power for non-disaster purposes in denigration of express statutory restrictions.Abbott v. Anti-Defamation League Austin, Southwest, and Texoma Regions, No. 20-0846, 2020 WL 6295076 (Tex. Oct. 27, 2020) (per curiam) (rejecting state constitutional and ultra-vires challenge to proclamation issued pursuant to gubernatorial emergency powers under Chapter 418 of the Texas Government Code in interlocutory appeal of temporary injunction against Governor and Secretary of State). It was the third time in the 2020 election season that the all-Republican high court ruled against Texas voters. This time the SCOTX decision came at the expense of vulnerable citizens: older and disabled voters entitled to case absentee ballots. In a prior legal challenge to Abbott’s exercise of pandemic powers under the Texas Disaster Act, one brought by Harris County misdemeanor judges in April against an order that interfered with the judges’ authority to set bail and grant release, the Court found that the plaintiffs lacked standing and vacated a restraining order against the Governor on that basis. See In re Greg Abbott, No. 20-0291, 601 S.W.3d 602 (Tex. Apr. 23, 2020)(orig. proc.). In Abbott v. Anti-Defamation League, by contrast, the Court skipped the question of standing and issued a precedent-setting decision on the merits, through which it blessed an expansionist notion of gubernatorial emergency powers. This article offers a critique encompassing (1) the Texas High Court's procedural handling of the Attorney General's appeal of the injunction against Abbott; (2) the Court's undue reliance on an opinion by a Fifth Circuit panel consisting of three Trump appointees in a similar challenge brought by LULAC and other advocacy organizations based on federal constitutional law, and (3) the Texas Court's cursory treatment of the plaintiffs' ultra-vires challenge to Governor Abbott's use of emergency powers under Texas Disaster Act, and the ominous ramifications of the newly created precedent. CITE for the federal case: Texas League of United Latin American Citizens v. Ruth Hughs, No. 20-50867, 2020 WL 6023310 (5th Cir. Oct. 12, 2020)(“We agree with the Secretary and grant the stay.”)(Motions panel opinion by Duncan, concurrency by Ho). Defendant Governor Abbott was dismissed from the underlying federal district court cases on Eleventh Amendment immunity grounds. STATUTORY BASIS for emergency powers in Texas: Tex. Government Code Chapter 418, titled Emergency Management (Texas Disaster Act of 1975).

Legal Tender: Also on the Legal Tender Nature of Central Bank Digital Currency in China

Legal tender is a manifestation of the national power to regulate monetary value, which pursues to ensure the smooth operation of the undervalue money.The legitimacy of legal tender is originated from the “strictly compulsory use” under the royal monetary prerogative, and it has undergone a transformation from the “acceptance by the nation” to “tender by the private person” under the constitutional law, which shows a growing respect for private choice of payment instruments. Currently, its modern significance lies in guaranteeing the operation of the multi-level monetary payment system dominated by national currency.Legal tender applies to the money issued by the nations or intergovernmental international organizations as a medium of exchange and as unlimited forms. More importantly, the nature of legal tender does not directly forbid the parties to refuse to accept the national currency. In terms of the debts of public law, the national currency has a strict legal tender effect. On the other hand, in terms of the debts of private law, if the parties do not agree on a specific method of payment, the full amount paid by the debtor in the national currency shall be deemed as the proper performance of the contract. Besides, the market operator may unilaterally refuse to accept the national currency under certain circumstances, including conforming to the transaction customs, “reasonable or fair”, and necessary procedures.The legislation of legal tender in China （Renminbi） has the characteristics of “strict compulsory use” and “tender”; In practice, the law enforcement of legal tender has shown the deviation from the legislation as well as differences in policy choices of relevant government departments, which is not conducive to the orderly circulation of Renminbi. Therefore, the legislation of legal tender should be improved from multiple aspects, including continuing to maintain the legal tender nature of Renminbi, imposing a limit on the amount of legal tender of certain currencies, and adding exceptions to allow the exclusion of the validity of legal tender. In addition, we should combine the legal scope of substitute tickets or securities prohibited by law with the legal tender.The double issuing mechanism and the similar legal nature with respect to cash determine that the central bank digital currency to be issued in China should be defined as limited legal tender. The limited legal tender is reflected in the statutory restrictions on the amount of legal tender which can guide users to use the central bank digital currency only in the retail sector, and the payment purposes such as poverty relief and public welfare projects. On the other hand, the law should allow the parties to bilaterally agree or the market operator to unilaterally exclude the legal tender of the central bank digital currency, but the unilateral exclusion should only include not using Renminbi for legitimate reasons and having been fully informed in the situation.

'Fair Use' through Fundamental Rights: When Freedom of Artistic Expression allows Creative Appropriations and Opens up Statutory Copyright Limitations

This chapter discusses the evolution in jurisprudential understanding of the relationship between copyright and freedom of artistic expression in the European Union. It demonstrates how courts in France and several other EU member states have accepted a “fair use” approach that applies fundamental rights as external limitations to copyright law, in compliance with the case law of the European Court of Human Rights but contrasting with the recent conflicting position of the Court of Justice of the European Union. The chapter first analyses the application of freedom of artistic expression to copyright law on a case-by-case basis and shows that, although long contested, such an approach is now mandated by EU primary law, thus “flexibilizing” significantly the legal framework in this area. It then examines the balancing act between fundamental rights and copyright, with particular attention paid to the weight the judiciary should afford freedom of artistic expression versus copyright law in cases of creative appropriation, in order to comply with the obligations resulting from European, national, and international human rights provisions. Finally, the chapter concludes with a discussion and evaluation of the growing need for legislative reform to render freedom of artistic expression fully compatible with copyright law in the context of creative reuses of protected works.