The law of possession of digital objects: dominion and control issues for digital forensics investigations and prosecutions

Author(s):  
M.M. Losavio
Author(s):  
José Luis Viramontes-Reyna ◽  
Josafat Moreno-Silva ◽  
José Guadalupe Montelongo-Sierra ◽  
Erasmo Velazquez-Leyva

This document presents the results obtained from the application of the law of Lens to correctly identify the polarity of the windings in a three-phase motor with 6 exposed terminals, when the corresponding labeling is not in any situation; Prior to identifying the polarity, it should be considered to have the pairs of the three windings located. For the polarity, it is proposed to feed with a voltage of 12 Vrms to one of the windings, which are identified randomly as W1 and W2, where W1 is connected to the voltage phase of 12 Vrms of the signal and W2 to the voltage reference to 0V; by means of voltage induction and considering the law of Lens, the remaining 4 terminals can be identified and labeled as V1, V2, U1 and U2. For this process a microcontroller and control elements with low cost are used.


2019 ◽  
Vol 21 (3) ◽  
pp. 173-188
Author(s):  
Lloyd Andrew Brown

On 1 January 2019, following a presidential order confirming its adoption by the Fifth Session of the Standing Committee of the 13th National People’s Congress of the People’s Republic of China (PRC), the Law of the People’s Republic of China on Soil Pollution and Control 2019 (SPC) was introduced into law. Succinctly, the SPC was enacted to deal with the vast amount of soil pollution that currently exists in China. This article’s central thesis is that, following a comparative analysis of the regulatory regimes in the USA and UK, the law creates environment-related risks for lenders. In particular, the article is concerned with the risk of lender liability, that is, where the lender itself is made directly liable for the costs of soil pollution remediation. In light of the USA and UK regimes, risk management advice is provided for obviating any prospective lender liability that may be forthcoming from the SPC. As with the regulations in other countries, it appears that the degree of ‘control’ that lenders exercise over their clients must be limited to mitigate the possible transference of any direct liability under the PRC’s principles of property rights law.


2017 ◽  
Vol 7 (3) ◽  
pp. 174
Author(s):  
AmirNezam Barati ◽  
Ali Babayee Mehr ◽  
Mohsen Sharifi

Combating against corruption is one of the most important factors for establishing Good Governance. Corruption is a social, political and economic phenomenon that defect the democratic institutions and stop establishing good governance. This study using analytical – descriptive, analyses the role of civil society in combat corruption with glance to I.R.IFindings of this study show that the role of special civil societies has remarkable efficiency and effectiveness in combat corruption. In challenging corruption different actor such as government, private sector and specialized civil society have function, but the role of civil societies is more effective than others.In relating to the I.R.I actions against corruption, the country enacted different laws such as the law of access to information, the Law of United Nations Convention against Corruption and this process will send a clear message that the country is determined to prevent and control corruption. In pathology of corruption in I.R of Iran the concentration on fighting against corruption, is concentrated on "The Staff of Combat against Economic Corruption" and civil society don’t have effective or remarkable role to fight against this abnormality and this Staff is most important centers to harmonize the actions against corruption. Finally, the most important causes of corruption in every developing Nations in Transit such as Iran are big government and interference of Government in economy, the weakly embedded rule of law, the ineffective and inefficient of government policy, lack of accountability and institutional transparency.


2019 ◽  
pp. 124-136
Author(s):  
Tetiana Nikiforova

The current national legislation, which regulates the organization and implementation of probation in Ukraine in terms of regulating the cooperation of the probation service with civil society institutions, is analyzed. It has been established that such cooperation is possible by involving volunteers in probation in carrying out tasks related to the supervision of convicts and the implementation of social and educational work with them, as well as interaction on a contractual basis with enterprises, institutions and organizations irrespective of the forms of ownership. The disadvantages of such regulation are revealed, including the discrepancy between the norms of the Law of Ukraine «On Probation» and the Regulation on the organization of volunteers' probation activities in terms of involving volunteers in cooperation. The Law «On Probation» proposes to regulate the principles of cooperation of the probation service with public and religious organizations with the definition of mutual rights and responsibilities, responsibility, supervision and control over the activities of the relevant organizations in the field of probation by the probation service. The prospects and effectiveness of cooperation of the probation service with religious organizations, especially with regard to the implementation of social and educational work with the convicts, are analyzed, on the basis of foreign experience and experience of cooperation of state service and religious organizations in the sphere of resocialization of convicts and ensuring public safety. It is concluded that the actual introduction of probation (not the formal implementation of the relevant legislative provisions, but the actual cooperation with the person who committed the crime, aimed at preventing her from committing new crimes without isolating her from society, and vice versa with a real involvement in social processes) is impossible without the close cooperation of probation service with civil society institutions. It is proposed at the legislative level to strengthen the possibility of the development and implementation of non-state alternative probation programs by religious organizations of non-prisoners with probation.


Author(s):  
Julius Henry Cohen ◽  
Kenneth Dayton

This article focuses on the federal arbitration law. On February 12, 1925, President Calvin Coolidge signed the United States Arbitration Law, which became effective on January 1, 1926. This act reversed the hoary doctrine that agreements for arbitration are revocable at will and are unenforceable, and in the language of the statute itself, they are made “valid, enforceable and irrevocable” within the limits of federal jurisdiction. There are three evils which arbitration is intended to correct: (1) the long delay usually incident to a proceeding at law, in equity or in admiralty, especially in recent years in centers of commercial activity, where there has arisen great congestion of the court calendars; (2) the expense of litigation; and (3) the failure, through litigation, to reach a decision regarded as just when measured by the standards of the business world. The article then argues that the proposed law rests upon the constitutional provision by which Congress is authorized to establish and control inferior federal courts. It also contends that sound public policy demands specific enforcement of arbitration agreements by the law.


2019 ◽  
pp. 3-24
Author(s):  
Anne Dennett

This introductory chapter provides an overview of the idea and importance of constitutions. A constitution is essentially a rulebook for how a state is run, and its function is to impose order and stability; to allocate power, rights, and responsibility and control the power of the state. Indeed, a state's constitution sets out the structure and powers of government and the relationship between individuals and the state, and a balanced constitution ensures a balance of power between the institutions of government. New constitutions can arise either through a process of evolution or as an act of deliberate creation. The chapter then considers the UK constitution. Public law is a fundamentally important part of the UK's national law and is the law about government and public administration. It places limitations on the power of the state through objective, independent controls. It is also known as ‘constitutional and administrative law’.


Author(s):  
Jan Christoph Bublitz

Whether there are intrinsic differences between different means to intervene into brains and minds is a key question of neuroethics, which any future legal regulation of mind-interventions has to face. This chapter affirms such differences by a twofold argument:. First, it present differences between direct (biological, physiological) and indirect (psychological) interventions that are not based on crude mind–brain dualisms or dubious properties such as naturalness of interventions. Second, it shows why these differences (should) matter for the law. In a nutshell, this chapter suggests that indirect interventions should be understood as stimuli that persons perceive through their external senses whereas direct interventions reach brains and minds on different, nonperceptual routes. Interventions primarily differ in virtue of their causal pathways. Because of them, persons have different kinds and amounts of control over interventions; direct interventions regularly bypass resistance and control of recipients. Direct interventions also differ from indirect ones because they misappropriate mechanisms of the brain. These differences bear normative relevance in light of the right to mental self-determination, which should be the guiding normative principle with respect to mind-interventions. As a consequence, the law should adopt by and large a normative—not ontological—dualism between interventions into other minds: nonconsensual direct interventions into other minds should be prohibited by law, with few exceptions. By contrast, indirect interventions should be prima facie permissible, primarily those that qualify as exercises of free speech. The chapter also addresses a range of recent objections, especially by Levy (in the previous chapter).


2017 ◽  
Vol 23 (4) ◽  
pp. 198-199
Author(s):  
Karen Coyle
Keyword(s):  
The Law ◽  

Book Review: Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity


Author(s):  
Poeliu Dai

The search for some means to terminate the Vietnam conflict by negotiation has given rise to certain anomalies in the application of the law and procedure of the United Nations and of the existing regional arrangements affecting Southeast Asia. It has also revealed the existence of a lacuna in the provisions of these international instruments governing the discharge of peacekeeping functions. This, however, is not the case in respect of the International Commission for Supervision and Control in Vietnam which constitutes the only tangible instrument of the Geneva settlement specifically created to fulfil, on a continuous basis, the tasks of control, observation, inspection, and investigation connected with the application of the Cease-fire Agreement for Vietnam.


Legal Studies ◽  
2002 ◽  
Vol 22 (1) ◽  
pp. 102-127 ◽  
Author(s):  
Loane Skene

This paper examines the law on the proprietary rights of people in respect of their bodies, body parts and tissue. Proprietary rights include rights of ownership and control, The paper argues that the context in which judicial decisions are made and policy recommendations are developed sometimes results in a patchwork of legal principles. Being aware of the context in which different aspects of the law have been developed enables us to understand why principles have been developed, what is needed to reconcile them and how we can establish a coherent regulatory regime. The paper then proposes such a scheme to deal with property and control rights in this area. It argues that people (or the personal representatives of people who have died) should have a personal autonomy right to be consulted about the use of their corpse or their excised body parts or tissue in teaching, research and commercialisation of biological inventions, and to refuse or to impose conditions. They should not, however, have a right of ultimate ownership in their corpse, body parts or tissue, except for the limited right of personal representatives to gain possession of bodies and body parts of people who have died for burial or cremation if they so wish. That right should not extend to tissue preserved on slides, in paraffin wax or similar format. That tissue should be subject to proprietary interests in favour only of the hospital, research institute, its staff or the people to whom they transfer it. The same rule should apply to bodies or body parts held by a hospital or research institute with the consent of the person concerned, though the bodies or body parts may ultimately have to be returned for burial or cremation. Tissue removed under a statutory requirement without consent, such as for coronial investigation or forensic tests, should be used only for the purposes prescribed by the relevant legislation.


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