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784 Uppsatser om Legal certainty - Sida 23 av 53

Att bara vara barn - En studie i hur fysisk bestraffning av barn är kopplat till det juridiska klimatet för unga i USA

United States is one of the two countries in the world that have not ratified the convention on the rights of the child, and one of the few countries that sentences children less than 18 years to life in prison without parole. Besides this, corporal punishment is legal in all the states of USA. This essay is aimed at researching how these three factors affect one another in the American context and what consequences may come out of it. By the use of reports from NGO's and UN treaties together with various theories about the subject in question, I have looked into the juridical climate for today's young Americans.The conclusion of the essay shows that there is a tendency in the United States to control violence with violence, from a local level and further to a state level. As long as this attitude proceeds, the situation for children at risk for being sentenced to life sentence will not improve..

Degenerering av varumärken: - en juridisk konstruktion eller ett marknadsföringsproblem?

Degeneration of trademarks - a legal construction or a marketing problem? This paper discusses the issue of degeneration of trademarks. The study has its starting point in the conflict that may arise between the principles of marketing and the legislation concerning IP rights and market law. In this study several verdicts are studied in which degeneration has been addressed. Analyzing these rulings as well as the current legislation in the light of marketing theory, a conflict between marketing and legislation can be noted.

Darfur - Ett utdraget Rwanda?

In the Darfur region, located in the West of Sudan, there is a conflict between rebel groups and the government-supported Janjaweed militia. The fighting?s, which started in 2003, has caused the loss of at least 200 000 human life and more than 2 million people have fled their homes. The conflict has been described as a? prolonged Rwanda?.

Heteronormativets lag : En rättssociologisk studie av rättsligt homosexuellt föräldraskap

This thesis has focused on the construction of homosexual parenthood in Swedish law and preparatory work. The purpose was to describe the norms about legal parenthood and examine if and how homosexual parenthood was included in the normative parenthood. The study was jurisprudential and based on methods such as sociology with a juridical focus and critical discourse analysis of the juridical texts. The theoretical framework was the critical discourse analysis as well as a queer perspective, both influenced by social constructionism and a poststructional theory. The conclusion of the study is that parenthood is described from what is presumably best for the child, which is two parents of different sexes and biological origin.

Kalkbrottstvisten i Bunge Ducker : En ACF-analys av två kolliderande riksintressen

Abstract This thesis is based on a case study of the drawn out legal process on the question of establish a limestone quarry in Bunge Ducker in north Gotland (Sweden). The current fields are located next to areas that are protected by virtue of being EU-certified Natura 2000-areas. Despite this, the Swedish governments and courts have not agreed in witch national interest that should be prevail when decisions are made on this issue. This phenomenon are reflected in the judicial process and different court have evaluate information differently in the case. A change among governmental actors where priority is given to the importance of national interest have occur in the later part in the process.

Behov och riktlinjer : En kvalitativ studie om biståndsbedömning av äldres hemtjänstinsatser

The purpose of this study was to look into the work of care organizers for elderly care, in three municipalities in southern Sweden, and how they use the law and local guidelines to evaluate the need for home care. The intention was to determine if presence of relatives makes a difference in the needs assessment and if the care organizers practice harmonize with the guidelines. To do this, we did a qualitative study alongside with analyzing each of the local guidelines. By interviewing five care organizers, we were able to see their side of elderly care and how they combine the law and local guidelines in their daily work with elderly care. Our main themes are, in short, the law and local guidelines, the view of care organizing and needs and also closeness to relatives.

Lex Sarah : Vad händer sen?

This paper aims to find out what lex Sarah is and how the process looks like when it comes to the investigation, from reporting to registration to the IVO, the inspection of health and social care. Who investigates, the objective of the lex Sarah and how many cases of reports that comes to registration from the year between 2010-2014. Which legal consequences it can be for an employee who has been notified is investigated also. Previous research only deals with freedom of speech, criticism and the complaint goes to the asset, and because of that, this paper focuses on individual cases where employees ' perception of a lex Sarah-registration gives a psychosocial approach. The paper is limited to a municipality where statistics are retrieved and a comparison at a national level is performed.

Downloading and filesharing through Peer-to-peer networks: the copyright versus the free access to the cultural products

The “peer to peer” (P2P) is a technology of downloading and filesharing between online - Internet - users by the mean of specified software. Since June 1999, the Napster software has made the happiness of millions of individuals who used it to obtain and share free audio files Mp3. Rapidly, the major recording companies have prosecuted the Napster Company and managed to force it to close down. They were arguing against it for it is supporting the development on a large scale traffic of files protected by copyright and thus was threatening the whole music and movies economic world. Since fast Internet connections multiplied, "peer to peer" software and networks improved, so that this mode of exchange became an unprecedented success. Today all cultural products, in particular films and music, are concerned with this free –of– charge distribution without any financial counterpart for the copyright holders. Two tools hold today the top ranks and concentrate large traffic: eDonkey and eMule.

Tillämpningen av 13 § LVM : erfarenheter och uppfattningar bland yrkesverksamma

The aim of this essay was to look into and compare the experiences and opinions about the practice of 13 § LVM among persons that, through their profession, use the law.The questions we have been asking were; what experiences and opinions the individuals have about the paragraph in general, what they think about the cases when no application for LVM is made after a client has been taken in charge as directed by 13 § LVM, and of the fact that the majority of cases of LVM are initiated by the same paragraph. Another question was how the individuals think about the legal security in connection to 13 § LVM.The methods used are qualitative and we have interviewed individuals from different fields of social work that comes in contact with drug abusers.The findings from these studies include that care made out of the clients' free will is the main reason why an application is not made. It is also the reason to why many LVM initiates as directed by 13 § LVM for the reason that the districts above all try to help the clients without force. The economical aspects are repeatedly mentioned as another reason to the problems appeared in connection with 13 § LVM..

Elektroniska signaturers rättsverkan

I den digitala världen är elektroniska signaturer motsvarigheten till traditionella namnunderskrifter. Många lagregler innehåller ett krav på egenhändig underskrift. Frågan är om elektroniska signaturer kan anses uppfylla det kravet och på så sätt godtas istället för en namnunderskrift. Om inte, måste lagändringar till för att elektroniska signaturer skall accepteras. I förarbeten och doktrin finns skilda meningar om elektroniska signaturers rättsverkan och vad som krävs för att de skall godtas.

What's Law Got to Do With It? - EG-domstolens (o)beroende utifrån ett principal-agent perspektiv

The purposes of this thesis is study the European Court of Justice from a non legal perspective and investigate the courts possibility to advance its own preferred goals rather that of the member states in cases of non-compliance. Drawing on general principal-agent theory I construct a model from which I derive certain hypothesis mainly about under what circumstances we should expect the Court to be more sensitive to member states preferences and under what circumstances we should expect the Court to be less sensitive. These hypotheses are then tested empirically against all cases of non-compliance initiated by the European Commission against member states between 1953-2000. The results from the study are rather positive. The most important result is that when the threat of sanctions against the Court increases so does the Courts sensitiveness to member states preferences and when it decreases so does the Courts sensitiveness..

Fritidshemmens verksamhet utifrån barnens och pedagogernas perspektiv

With some help of a few interviews, with children, and some staff members, in two different schools, I hope to answer the question: if the picture of the operation, that the children and the staff are having, has some similarities, and I will try to compare these pictures with what some legal documents such as Lgr 11 and Kvalitet I Fritidshem is saying about daycare opera-tions? To be able to run a successful daycare center, is never an easy thing. The key to success is to make parties, like the staff, children and their parents to feel happiness, when it comes to things around and about the daycare center. The result shows that both the children and the staff are expressing a frustration around the daycare operation, because they feel that there being wrongly answered, by a higher authority. The children are frustrated of how the staff is answering them about different things and the staff is frustrated about how the headmasters are answering them.

Tillämpning av 6 b § LAS vid sammanslagningar av företagshälsovårder : Anställningsavtalets skillnader vid pensionsbestämmelser

During year 2007 ClaraHälsan Ltd bought the company health service Solstahälsan in Karlstad. The wide merger of the two health services the problems arose around the employees? employment agreements when certain parts of the agreement differ. At a transition of a company, in this case a health service, the rights and obligations for the employees will pass on to the new employer according to directive 2001/23/EG who came in force in the swedish legal system in year 1995. The former employer is only responsible vis-à-vis the employees ?for economic obligations related to the time before the transition, the code of protection of employment 6 b §.

Invandrarkvinnor i Handels : Föreställningar om arbetskraftsinvandrade kvinnor i Handelsnytt 1961-1976

Invandrade kvinnor i Handels. Föreställningar om arbetskraftsinvandrade kvinnor i Handelsnytt 1961-1976. (Immigrant women in Handels. Conceptions of labour immigrated women in Handelsnytt 1961-1976).The primary purpose of this thesis is to analyze the written conceptions of labour immigrated women in Handelsnytt, a Swedish Trade Union magazine. The analyses of the conceptions are based on theoretical categories of class, gender and ethnicity.

Företagshybridkapital i Sverige: Möjligheten att få både skattesköld och klassning som eget kapital enligt svensk rätt

The new Swedish Companies Act allows Swedish companies to issue two instruments that were previously prohibited: mandatory convertibles and participating debentures. The aim of the thesis is to conduct a cross sectional study of Swedish corporate hybrid securities, especially in the light of the new Companies Act. The cross sectional study also includes areas such as credit rating, accounting and tax. The thesis concludes that it is possible, under Swedish law, to issue corporate hybrid securities that qualify for both high equity credit and tax deductible interest payments. The use of certain hybrid provisions are, however, restrained by Swedish company law.

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