Retraction Note to: Economic and legal regulation of the use and development of renewable energy sources

International Environmental Agreements: Politics, Law and Economics -     

International nuclear energy legal regulation: comparing the experience of the EU and the CIS countries

International Environmental Agreements: Politics, Law and Economics - The world community recognizes the enormous potential danger posed by nuclear power, including accidents at nuclear industries...     

Carbon emission,solid waste management,and electricity generation: a legal and empirical perspective for renewable energy in Nigeria

International Environmental Agreements: Politics, Law and Economics - This research investigates the necessity for transformation of wastes to energy for environmentally friendly and improvement in...     

Police use of force against drug suspects: Understanding the legal need for policy development

When confronted by the police, drug suspects sometimes attempt to destroy evidence by orally ingesting the contraband in their possession. Police officers have limited time to react before this evidence is destroyed. These conditions raise the question of exactly how much force officers may employ lawfully to prevent the imminent destruction of evidence. If an officer overreacts and uses more force than reasonably necessary to retrieve the drugs, the evidence may be ruled as inadmissible at trial. Furthermore, the application of excessive force may expose the officer and the agency to claims of civil liability for injury or damages. Given the myriad of legal questions arising within this unique context, this paper reviews relevant federal and state case law to assess the legality of various levels of force when resolving such situations. Law enforcement agencies need to develop appropriate policy statements to guide officer behavior during these types of field encounters.     

Economic and legal analysis of medical ethics

In the last decade, the antityrust authorities have stricken one after another of the ethical rules of professional societies. Underlying this pokicy is the widelyaccepted notion that ethics are simply devices designed by the professions to limit competition and thereby to benefit their pecuniary interests. The antitrust assault does not consider the longstanding, nearly universal consumer support for controls on the activities of certain professions. In this paper, the narrow view ofcompetition adopted by the courts is assailed. Focusing on the case ofrestrictions on interactions between physicians and other nonmedical health care providers, some procompetitive effects of medical ethics are analyzed. Generally, professional ethics can only change the form of competition but not eliminate it. A proper legal policy requires recognition of the consumer concern with the form of competition and therefore requires a careful balancing of the beneficial competitive effects against any attendant limits on intraprofessional competition.     

Being Ms B: B, autonomy and the nature of legal regulation

In this article, we question the apparent simplicity of medical law's construction of 'life and death' cases as a clash between the sanctity of life principle and patient autonomy. Our main purpose in doing so is to try to understand more fully the nature of law's regulation of the existence and non-existence of life. Specifically, we argue that, by broadening the understanding of autonomy in this area beyond a simple concern for patients' rights and self-determination, to include a focus on the individual generally, it becomes possible to identify some of the legal practices that are central to the manner in which law regulates the threshold between life and death. Through an analysis of a recent case in English law--Re B (an adult: refusal of medical treatment)--(although Australian jurisdictions presently disclose no similar, authoritative case, ours presently is almost an arbitrary choice)--we demonstrate the central role played in this regulation by tests for mental capacity, questions of character, explanation, and imagination. We conclude that medical law, at least in this context, can be theorised as a normalising practice--one in which the determination of norms often occurs through patients.     

从“艳照门”事件看隐私权和知情权的冲突

香港“艳照门”事件揭示了公民的隐私权与公众的知情权之间的冲突。如何协调二者之间的冲突，是摆在我们面前急需解决的问题。本文试从隐私权和知情权的产生和发展入手，论述隐私权和知情权的概念、内容等基本理论，分析两者之间的权利冲突，最后提出解决权利冲突的协调方案。     

私募投资基金之法律特徵及制度供给

本文分析了投资基金具有集资性、投资性、组织形式不确定性以及管理人与投资人分离等法律特徵，私募投资基金还兼具募集定向的特点。为规范私募投资基金的发展，应在投资基金的募集方式、组织形式、行为模式、内部治理以及外部监督和救济等方面增加或完善制度供给。     

Attitudes toward the criminal legal system: Scale development and predictors

The purpose of this study was to assess attitudes toward the criminal legal system and determine how they are related to rule-violating behaviors and experiences with the criminal legal system. To this end, the Attitudes Toward the Criminal Legal System Scale (ATCLS) was developed and five studies were conducted with participants from New England, including college students, high school students, and the community. Studies 1 and 2 found support for the reliability and validity of the ATCLS, and a relation between the ATCLS and authoritarianism and belief in a just world. Study 3 examined the test–retest reliability of the ATCLS. Studies 4 and 5 were conducted primarily to uncover the relation between the ATCLS and law- or rule-related behaviors with a community and high school sample, respectively. Generally, results suggested that there were no sex differences on the ATCLS, but attitudes toward the criminal legal system might function differently for men and women with regards to authoritarianism and behavior.     

Ethical, professional and legal regulation of medical practice

Moral or ethical codes of practice represent one of the oldest forms of medical regulation. Legislation such as the Medical Practice Act 1992 (NSW) enables regulatory bodies to create codes of practice for medical practitioners. Such codes can become an important aspect of disciplinary proceedings by providing the yardstick against which practitioners' conduct is evaluated. An important aspect of the New South Wales Board's Code of Professional Conduct 2005 is the obligation for doctors to report adverse events which reflect on the performance or conduct of colleagues. This is part of an increasing impetus to report adverse events in the interest of public safety. In the long- term this is a constructive development as it is likely to lead to improvements in identification of risks and hazards and thereby to result in better service provision and community health.     

Economic efficiency in the provision of legal services: The private practitioner and the law centre

This paper seeks to examine the efficiency of the provision of legal services by alternative institutional modes of supply. Using a sample of unfair dismissal cases handled by a private practitioner and a law centre, an analysis of inputs and outputs was carried out. The objective of this analysis was to try to determine whether any systematic differences in these variables could be detected between the two legal modes. Although our sample size does not permit the drawing of broad generalizations, the results do represent a first step towards a full assessment of legal services supplied. There are important policy implications which could be drawn from this study regarding the mode of provision which the government should favour in maintaining or extending the availability of public funding for legal services.