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Dariusz Szostek, Mariusz Załucki - Legal Tech

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Dariusz Szostek (ed.), Mariusz Załucki (ed.)

Legal Tech

2021

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Iga Kurowska, Kamil Szpyt LegalTech in Law Firms and the Work of In-house Lawyers S. 179-194

„… LegalTech in Law Firms and the Work of In-house Lawyers Iga Kurowska, Kamil Szpyt Introduction Law …” „… LegalTech 1.0 and used in everyday work of in-house and office lawyers includes software for word processing …” „… between different solutions. LegalTech in Law Firms and the Work of In-house Lawyers 181 technical …”

Marek Swierczynski AI and the Work of Lawyers in the Light of the Council of Europe Guidelines S. 335-346

„… SECTION FOUR. Possibilities of Applying AI-based LegalTech Tools in Legal Practice AI and the Work …” „… of Europe to undertake legislative work fundamental to the international legal order on the use of AI …” „… industry – Summary of the workshop (2019); Artificial intelligence and its AI and the Work of Lawyers in …”

Wojciech Cyrul Computer Aided Legislation S. 129-140

„… motive behind the development of legal information systems in Poland. Work on the country’s Central …” „… legal texts in electronic format require the development and implementation of dedicated IT tools. These …” „… tools not only make possible the publication and accessing of the official texts of legal acts on the …”

About the authors S. 617-628

„… workshops at JURIXes 2018-2020. In legal practice he specializes in the field of legal regulation of AI as …” „… ) A graduate of legal studies in Poland, he also learned about European economic and civil law at the …” „… is an assistant professor (adiunkt) in the Department of Legal Theory at the Jagiellonian University …”

Katarzyna Biczysko-Pudelko LegalTech and Coud Computing S. 223-250

„… computing 3.0, mentioned in the intro- 4. 4.1 LegalTech and Coud Computing 237 duction to this work, i.e …” „… work around’ (W-GCS'18 2018: 1st workshop on GDPR compliant systems, co-located with 19th ACM …” „… LegalTech and Coud Computing Katarzyna Biczysko-Pudełko Introduction When R.Susskind's book The …”

Anna Zalesinska, Dariusz Szostek Electronic Communication S. 433-462

„… particular because of the fact that LegalTech 2.0 solutions are used for work on a large volume of data. They …” „… one of the key tools in LegalTech 1.0. Apart from digitalisation of resources, it was the first of …” „… LegalTech instruments used by lawyers. It underwent significant evolution over the span of years. Beginning …”

Michal Araszkiewicz Computational Legal Problem Solving. What can Legal Tech Learn from AI and Law Research, and Beyond? S. 101-128

„… well-defined problems. A significant part of the work toward this purpose has been made in legal theory, and …” „… legal−theoretical work on AI and law has been rather limited.27 Considering the ordering based on historical …” „… , interdisciplinary approach. As noted, although part of AI and law research is grounded in legal−theoretical work on …”

Bibliography S. 629-673

„… : technology Changes Legal Work Behaviors, But Does Not Replace Its Profession’ in Kai Jacob, Dierk Schnidler …” „… der Länderarbeitgruppe ‘Legal Tech: Herausforderungen für die Justiz’(Schleswig-Holstein, 2019 …” „… Visual XML Editor for supporting Legal National Standards’ in Proceedings of the V Legislative XML …”

Iga Kurowska France S. 521-526

„… integrated into their daily work by French legal practitioners, such as blockchain, big data analytics, or …” „… opportunities offered by LegalTech tools since the second decade of the XXI century. Although none of the …” „… technologies has proved disruptive for the legal sector, certain disruptive technologies have been successfully …”

Dariusz Szostek The Concept of Legal Technology (LegalTech) and Legal Engineering S. 19-28

„… : technology Changes Legal Work Behaviors, But Does Not Replace Its Profession’ in Kai Jacob, Dierk Schnidler …” „… 3.0. LegalTech 1.0 refers to technology, including software, that supports the work of lawyers as …” „… used within the framework of existing procedures and the traditional manner of legal work. It is only …”

Maria Dymitruk Borderlands of the Law and Technology: from Digital Machines to LegalTech S. 67-80

„… of improving the work of lawyers and the functioning of the entire legal system. Inspired by the …” „… other: above all, legal informatics4, 3 This work makes no claim to be a definitive description for the …” „… law, and with the occurrence of the phenomenon of regulatory inflation, that core of legal work became …”

Gabriela Wiktorzak AI In Law Firms S. 347-360

„… keywords. This allows professionals to streamline their work by looking for legal concepts or precedents …” „… , which are normally developed by lawyers; 3) automating 50 % of legal work related to major corporate …” „… sub-sectors of used technologies are also being created, such as: AgriTech, HealthTech, CleanTech, Legal …”

Tomasz Grzegory, Janos Puskas Legal Tech - Bringing Law into the “Twentieth” Century S. 81-98

„… to have a disruptive impact on everyday work.1 Legal tech has a high potential when it comes to …” „… argued that the consultative nature of legal work where human to human relationships matter, makes it …” „… now, legal tech tools could only decrease the work hours spent on more routine-oriented tasks, like …”

Tomasz Zalewski Basic Principles for the Effective Use of Legal Tech Tools S. 315-332

„… that supports the legal profession. It works in the background of the lawyer-client relationship, it …” „… , eliminating a stage of work usually performed by the youngest lawyers - the legal research and document …” „… Basic Principles for the Effective Use of Legal Tech Tools Tomasz Zalewski Introduction The use of …”

Maria Dymitruk Legal Tech in the Law Enforcement Agencies S. 251-266

„… third area in which law enforcement agencies use Legal Tech tools in their substantive work is evidence …” „… highlighted areas of application of Legal Tech tools in the work of services is automation of decision-making …” „… the methods in which Legal Tech tools are used in the work of law enforcement agencies set out in …”

Introduction S. 11-14

„… , creating contracts or issuing judgments? Is the effectiveness of LegalTech tools greater than the work of …” „… of the legal services market. Therefore, we encourage you to discuss it with us. Since the work has a …” „… Introduction The use of technological solutions, increasingly often referred to as LegalTech, in …”

Agnieszka Kubiak-Cyrul, Dariusz Szostek Smart Contracts, Blockchain and Distributed Ledger Technology (DLT) in the Work of a Lawyer S. 267-286

„… Smart Contracts, Blockchain and Distributed Ledger Technology (DLT) in the Work of a Lawyer1 …” „… Agnieszka Kubiak-Cyrul, Dariusz Szostek  Blockchain, DLT2 – a Foundation of LegalTech A number of tools used within LegalTech 2.0. and 3.0 …” „… pointing out problems at the junction of LegalTech and blockchain technology. For more on the subject of …”

Michal Wódczak LegalTech in a Law Office in the context of Standardization and Autonomic Intelligence S. 375-386

„… LegalTech in a Law Office in the context of Standardization and Autonomic Intelligence Michał …” „… behind the concept of LegalTech analyzed from a futuristic perspective, basically covering not only the …” „… analogies with the works ongoing over many years on convergence and automation of telecommunications systems …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Polanski LegalTech in Law Firms and the Work of In-house Lawyers 179 Iga Kurowska, Kamil Szpyt …” „… the Work of a Lawyer 267 Agnieszka Kubiak-Cyrul, Dariusz Szostek Legal Tech vs Data in Organisation …” „… AI-based LegalTech Tools in Legal Practice AI and the Work of Lawyers in the Light of the Council of Europe …”

Ewa Fabian, Przemyslaw Polanski The Changing Role of the Lawyer. The Case of Digital Accessibility. S. 165-178

„… SECTION THREE. Possibilities of Applying LegalTech Tools in Legal Practice The Changing Role of the …” „… more realistic to replace some of a lawyer's activities with more and more specialized LegalTech tools …” „… Technology Will Transform the Work of Human Experts” R. and D. Susskind propose that although artificial …”

Rafał Prabucki, Rafał Skibicki, Dariusz Szostek, Jakub Wyczik Algorithmisation and Tokenisation of Law S. 29-66

„… supposed to create useful solutions and, in the context of the work of a legal practitioner, it is expected …” „… limited resources means that the legal approach to LegalTech is not a leading theme in legislative work …” „… a small program; hence the logical conclusion is that an infinitely large program can work alone …”

Gabriela Bar Artificial Intelligence in the Law Firm of the Future S. 361-374

„… legal profession. Today, many law firms are still trying to resist changes or wait them out, but soon …” „… clients of the law firm will not need, but also will not want, lawyers to work in the way they worked in …” „… activities. LegalTech tools can replace lawyers in performing routine and repetitive activities (e-discovery …”

Maddalena Castellani China S. 503-520

„… the legal documents, most of all, it is stated that system sets judges free from repetitive work and …” „… China Maddalena Castellani LegalTech used in the country: courts, law firms, arbitration Due to the …” „… ." As will be seen later, Cina Legal system was able to solve in a short time the technological …”

Malgorzata Kurowska Legal Tech vs Data in Organisation S. 287-298

„… 296 Conclusion LegalTech tools significantly contribute to making a lawyer’s work simpler. When …” „… properly applied, they also improve the quality of work and, consequently, of legal services provided to …” „… Legal Tech vs Data in Organisation Małgorzata Kurowska Data vs Information Both data and …”

Mauro Arturo Rivera León Mexico S. 587-596

„… Mexican lawyers utilize some basic form of technological aid to perform legal work. However, the usage and …” „… employs Legal- Tech in automatized procedures (actual legal workers perform most bureaucratic procedures …” „… remote sessions. The Federal Judiciary does not allow Judges or legal clerks to perform official work or …”

Wilfried Bernhardt Germany S. 527-542

„… Germany Wilfried Bernhardt LegalTech used in Germany: courts, law firms, arbitration The term …” „… "Legal Tech" is defined in different ways. In Germany, legal tech is sometimes reduced to the legal …” „… on an expanded concept of legal tech. In this respect, legal tech refers to the use of innovative …”

Aleksandra Partyk Poland S. 597-614

„… one of the causes – not as serious as understaffing and overburdening judges with work, though – that …” „… final effectivity is influenced not only by procedures, but also by the work environment3. In the …” „… current legal circumstances, it is out of the question for the administration of justice to be executed by …”

Summary of the book S. 615-616

„… is LegalTech 1.0, reinforced by the Covid19 pandemic based on simple tools to support the work of …” „… Summary of the book Lawyers, including advocates, legal advisers, judges and prosecutors are facing …” „… and legal aspects of legal assistance provided, to include court proceedings. The changes are already …”

Patryk Ciurak Two Sides of the Same Coin. Possible Interactions Between Text-written Law and Computer Code in the Near Future S. 141-162

„… written in a specific legal language still regulate the life and functioning of societies, and their …” „… legal norms that build on the open texture of natural language, avoiding both the overand …” „… and applied. To achieve a real fusion of the two realities - legal and IT - the law should evolve into …”

Malgorzata Kurowska Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk Management S. 195-222

„… and impede the use of LegalTech solutions, thus undermining the efficiency and quality of work. When …” „… Implementation of LegalTech Solutions in a Law Firm – Methodology of Risk Assessment and Risk …” „… Management Małgorzata Kurowska Introduction LegalTech solutions – due to the automated information processing …”

Robert Pajak Information Security in Legal Firms S. 473-484

„… liability. It should also be mentioned that law firms work under a special ethical and legal regime …” „… Information Security in Legal Firms Robert Pająk Introduction Law firms and lawyers have been an …” „… becoming the indirect target of attacks as (legal) service providers. In this way, by leveraging the trust …”

Mariusz Zalucki LegalTech in the Judiciary: Technological Developments and the Future of the Court System S. 387-404

„… hearings. LegalTech 2.0 is already much more advanced technology, not only supporting the work of judges …” „… LegalTech in the Judiciary: Technological Developments and the Future of the Court System Mariusz …” „… ”. This was accelerated in connection with the COVID-19 pandemic, when the work of the courts was …”

Sylwester Szczepanik, Michal Tabor Electronic Delivery S. 415-432

„… , documents and their service is one of the basic activities of the legal profession, regardless of the time …” „… and legal system in which he has to practice. Also in times of strong development of technology and …” „… its impact on the legal profession, the indicated aspect of activity is subject to significant changes …”

Kamil Szpyt LegalTech Insurance S. 299-314

„… work of attorneys, notaries, legal department employees, etc. will ultimately become easier, faster …” „… , especially LegalTech solutions, into everyday work in law firms seems to reverse these proportions. On the …” „… LegalTech Insurance1 Kamil Szpyt „With great power there must also come great responsibility …”

Thiago Santos Rocha Brazil S. 487-502

„… of new technologies in the legal field is not limited to the verification of the results achieved …” „… this perspective that the present work proposes to expose, without claiming to be exhaustive, the main …” „… various areas of legal activity, allowing the overload of administrative tasks to be eliminated and …”

Michal Tabor Self Sovereign Identity S. 407-414

„… SECTION FIVE. Possibilities of Applying LegalTech Tools in Legal Communication Self Sovereign …” „… identification was established in European Union as legal definition in the eIDAS regulation. ‘electronic …” „… either a natural or legal person, or a natural person representing a legal person; (article 3 eIDAS) The …”

Zsolt Ződi Hungary S. 543-552

„… Hungary Zsolt Ződi The Use of Legal Technology in Hungary – General Picture Introduction The …” „… % of law firms has fewer than 9 employees, and 80 % of the total attorney population works in such …” „… of the legal sector has therefore taken place almost exclusively as a result of legal rules imposing …”

Pierpaolo Marano, Mario Zanin, Enrico Maria Scavone Italy S. 553-582

„… Italy Pierpaolo Marano, Mario Zanin, Enrico Maria Scavone Introduction Legal Tech1 is or at least …” „… is becoming a structural aspect in the conduct of legal affairs, in particular regarding dispute …” „… framework of Legal Tech have emerged. Moreover, promotional initiatives supported by public and private …”

Tomasz Chomicki Cyber Security, Cyber Hygiene or Cyber Fiction of our Time S. 463-472

„… an important part of our security and thus a new area for deeper analysis by legal teams. With this …” „… professional and private work environments (containerization); 4 Andy Greenberg, ‘A Hacker Tried to Poison a …” „… Internet Security In the world of LegalTech, AI and ML have to be added to the world of cyber, as …”

doi.org/10.5771/9783748922834

Ulla Pape, Heino Stöver, Ingo Ilja Michels - Social Work and Health in Prisons

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Ulla Pape (ed.), Heino Stöver (ed.), Ingo Ilja Michels (ed.)

Social Work and Health in Prisons

Series: Drogenkonsum in Geschichte und Gesellschaft | Drug Use in History and Society

Volume 7 2023

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Tynchtyk Estebes Uulu 11 Legal and Regulatory Frameworks of Social Work with Drug Users in Kyrgyzstan S. 219-234

„… Legal and Regulatory Frameworks of Social Work with Drug Users in KyrgyzstanTynchtyk Estebes …” „… reduction programmes (Anti-Drug Programme, 2022).To understand the legal basis for social work with drug …” „… , and the social work with drug users in the probation system and prison system.The legal basis for …”

Hang Su 4 China: Social Work and Health in the Penitentiary System S. 55-66

„… rehabilitation law is incomplete. The legal framework of social correctional work for criminals lacks essential …” „… work. Education should be supported, as well as legal and moral education for mental health …” „… Prison Social WorkSocial support and education are the most effective ways for social forces to help …”

Dinara Yessimova, Mariya Prilutskaya, Dalida Mukasheva, Medet Kudabekov, Sandugash Ismagulova, Zhanar Shaidullina 5 Kazakhstan: Social Work and Health in the Penitentiary System S. 67-100

„… identify the potential for future developments. The chapter describes the legal basis of social work in …” „… penitentiary institutions in the near future.Legal Regulations for Social Work in Kazakhstan PrisonsThe basis …” „… Kazakhstan: Social Work and Health in the Penitentiary SystemDinara Yessimova, Mariya Prilutskaya …”

Sergey Soshnikov, Heino Stöver 7 Uzbekistan: Social Work and Health in the Penitentiary System S. 129-148

„… Uzbekistan: Social Work and Health in the Penitentiary SystemSergey Soshnikov, Heino …” „… StöverIntroductionThis chapter presents an overview of the development of social work and health services in the prison …” „… medical services.The chapter is structured as follows: first, the legal framework and organisational …”

Jarkyn Shadymanova, Nurgul Musaeva, Eric Orosaliev, Cholpon Omurakunova 6 Kyrgyzstan: Social Work and Health in the Penitentiary System S. 101-128

„… , legal assistance, personal security, decent treatment, etc.The main forms of work on the social …” „… work with convicts,• Provision of advisory, legal, and psychological assistance,• Psychological …” „… residence, work, or study after release; his needs for social, legal, and psychological assistance; his …”

Hang Su 8 Compulsory Drug Treatment in China S. 149-160

„… public are also protected (Deng YX, 2013).6.Social WorkSocial Work ServicesSocial organisations …” „… the public security authorities.Legal FrameworkThe compulsory drug rehabilitation system is a legal …” „… Rehabilitation, and the Judicial Administrative Organs from a legislative standpoint.The first provides the legal …”

Ulla-Britt Klankwarth, Simon Fleißner 3 Women in Prisons and the Bangkok Rules – A Practical Guide for Social Workers S. 43-54

„… Women in Prisons and the Bangkok Rules – A Practical Guide for Social WorkersUlla-Britt Klankwarth …” „… , Simon FleißnerIntroductionHuman rights are a fundamental element of social work. Further, the global …” „… definition of social work names human rights as principles, a motivation, a justification, and a major focus …”

Dalida Mukasheva, Medet Kudabekov, Dinara Yessimova, Nurlan Tulkinbayev, Anna Konvisar 10 Resocialisation Programmes in Kazakhstan S. 189-218

„… offences (Legal Statistics, 2022). Moreover, a significant proportion of the prison population has …” „… with housing, work, and social relationships. It is important to address problems of employment by …” „… engaging those (to be) released from prison in socially useful work and/or training and resocialisation …”

Zhyldyz Bakirova, Tynchtyk Estebes Uulu, Simon Fleißner, Ulla Pape, Heino Stöver, Hang Su 13 Naloxone as Overdose Prevention in the Prison Setting and in the Community. A Comparison of the Situation in Germany, Kyrgyzstan, and China S. 257-270

„… and, on the other hand, relatives, social workers, and police officers. Providing these groups of …” „… mostly provided in prison by social workers from independent addiction support facilities, in North …” „… framework for the use of naloxone was developed between 2009 and 2014. First, methodological work was …”

Ulla Pape, Heino Stöver 2 The Global Framework for Social Work and Health in Prisons S. 17-42

„… The Global Framework for Social Work and Health in PrisonsUlla Pape, Heino StöverThe conditions in …” „… rules do not have any binding legal force, they serve as focal points for international action on …” „… 1.1.1.2.2 The Global Framework for Social Work and Health in Prisons 19ised by the UNODC from 2012 to 2015 …”

Mariya Prilutskaya 9 Compulsory Drug Treatment in Kazakhstan S. 161-188

„… social agenda over the last two decades. Sophisticated legal regulations and acts, especially in …” „… treatment measures? What are the arguments and legal basis to support the status quo for constraining …” „… insights about the organisational structure, legal regulations, and services in the compulsory sector …”

Heino Stöver, Jarkyn Shadymanova 12 Syringe Exchange Points in the Penitentiary System of Kyrgyzstan S. 235-256

„… the needle exchange should take place in a separate room with only the client and the SEP worker …” „… adoption of the peer-to-peer outreach model. Since the outreach workers lived in the same prison cells …” „… forms of work in the field of the prevention of infectious and other diseases.Awareness-raising and …”

Titelei/Inhaltsverzeichnis S. 1-8

„… Stöver | Ingo Ilja Michels [Eds.]Social Work and Health in PrisonsStudies from Central Asia and …” „… [Eds.]Social Work and Healthin PrisonsStudies from Central Asia and ChinaThe Deutsche Nationalbibliothek lists …” „… , Heino | Michels, Ingo IljaSocial Work and Health in PrisonsStudies from Central Asia and ChinaUlla Pape …”

Ulla Pape, Heino Stöver, Ingo Ilja Michels 1 Introduction: Social Work and Health in Prisons – Key Challenges and Developments S. 9-16

„… 11, ‘Legal and Regulatory Frameworks of Social Work with Drug Users in Kyrgyzstan’ by Tynchtyk …” „… Introduction: Social Work and Health in Prisons – Key Challenges and DevelopmentsUlla Pape, Heino …” „… prisons.’Fyodor Dostoevsky, The House of the Dead (1862)This publication deals with the development of social work …”

Heino Stöver, Ingo Ilja Michels 14 Medication-Assisted Treatment in Prisons S. 271-296

„… psycho-social assistance is still widely unavailable. Social work in particular is missing or still in its …” „… health care professionals, Journal of Forensic and Legal Medicine, 34, 127–132.Progress on implementing …” „… ). The role of Social Work in Total Institutions – Supporting People Living in Prisons in the Phase of …”

doi.org/10.5771/9783748935988

Markus Krajewski, Fikremarkos Merso Birhanu - Acceding to the WTO from a Least-Developed Country Perspective

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Markus Krajewski, Fikremarkos Merso Birhanu

Acceding to the WTO from a Least-Developed Country Perspective

Series: Studien zum Internationalen Wirtschaftsrecht - Studies on International Economic Law

Volume 3 2011

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Making the SPS Agreement Work for Ethiopia: An Appraisal of the WTO’s Legal Regime on Product Standards and Sanitary and Phytosanitary Measures S. 47-76

„… Making the SPS Agreement Work for Ethiopia: An Appraisal of theWTO’s Legal Regime on Product …” „… Sanitary and Phytosanitary Agreement Work in Developing Countriesof Sub-Saharan Africa’, bepress Legal …” „… 193).9 In general see F. Ortino, Basic Legal Instruments for the Liberalization of Trade, A …”

Titelei/Inhaltsverzeichnis S. 2-10

„… the SPS Agreement Work for Ethiopia: An Appraisal of the WTO’sLegal Regime on Product Standards and …” „… Wiedergabe und der Übersetzung, vorbehalten. Gedruckt auf alterungsbeständigem Papier.This work is subject to …” „… work done by the editors, Dr Markus Krajewskiand Dr Fikremarkos Merso. H. E. Ambassador Lingston …”

Introduction S. 11-20

„… preservation and protection of plant varieties. After a detaileddescription of the legal basis and the contents …” „… findings on earlier work2 Melakuunderlines that the standard rationale for WTO accession (facilitation of …” „… include impact assessment studies on different agreements of the WTO, training and workshops tostrengthen …”

Ethiopia’s Accession to the WTO and Financial Market Regulatory Reform S. 165-200

„… supplier, the type of legal entity or joint venturewhich the service suppliers may have to follow, and the …” „… their constitutional and legal systems. Art. VI:4 GATS authorisesthe Council for Trade in Services to …” „… as appropriate, and to work, in appropriate cases, in cooperationwith relevant intergovernmental and …”

Ethiopia on the Road to WTO Membership: Reflections Following Adoption of the 2010 Growth and Transformation Plan S. 223-256

„… have been published as ‘Ethiopia’s Reluctant Move to Join the WTO:A preliminary Look at Legal and …” „… join the system will be for the legal, institutional and economic policy landscape ofthe country both …” „… . 253-56.For a legal analysis, see GATT, De Facto Application of the General Agreement, GATT Doc. C/130, 28 …”

LDCs and Space for Flexibility under the TRIPS Patent System S. 139-164

„… ) international free riding in respect of creative works takenalong with goods and services following the opening …” „… work to facilitate and accelerate negotiations with acceding LDCs--.’ If welook at the General Council …” „… the legal, institutional and economic preparedness to give effectto the agreement without the benefit …”

Ethiopia’s Accession to the WTO and its Potential Implications on Access to Affordable Medicine S. 111-138

„… is confronted with.I.* The author would like to thank Christoph Spennemann, Legal Expert at the IP …” „… Trade Organization, 15 April 1994. Legal Instruments-Resultsof the Uruguay Round, Vol.31, 1994 …” „… , International Legal Materials.4 Commission on Intellectual Property Rights, Integrating Intellectual Property …”

TRIPS, Plant Varieties and the Right to Food: A Case Study of Ethiopia’s Legal Regime on Protection of Plant Varieties S. 77-110

„… TRIPS, Plant Varieties and the Right to Food: A Case Study ofEthiopia’s Legal Regime on Protection …” „… Recommendations, Future Work Plan of Human Rights Council's Working Group on Right to Development, 24 November …” „… attention and consider the development of further international legal instrumentsto that end.” 54 This would …”

Consequences of Agricultural Trade Liberalisation: A Food Insecure Country’s Perspective S. 21-46

„… Journal of World Trade 3 (2001) p. 449.62 F. Delcros, ‘The Legal Status of Agriculture in the World Trade …” „… )63 M. G. Desta, Legal Issues in International Agricultural Trade: The Evolution of the WTO Agreement …” „… . Desta, supra note 61, p 451.88 J. McMahon, supra note 86, pp. 179-180.89 WTO, Doha Work Programme …”

doi.org/10.5771/9783845232287

Makoto Arai, Ulrich Becker, Volker Lipp - Adult Guardianship Law for the 21st Century

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Makoto Arai (ed.), Ulrich Becker (ed.), Volker Lipp (ed.)

Adult Guardianship Law for the 21st Century

Series: Schriften zum Familien- und Erbrecht

Volume 9 2013

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Hiromi Shiraishi Workshop 5: Legal Aspects of Mental Capacity S. 261-265

„… 261 Workshop 5: Legal Aspects of Mental Capacity Hiromi Shiraishi∗ Workshop 5 dealt with …” „… laws and regulations and be amended. Workshop 5: Legal Aspects of Mental Capacity 263 After several …” „… Law School, whose paper was Issues of restricting “legal capacity” in the current statutory …”

Michael Haußner Guardian Law – Support Systems in Germany S. 77-85

„… a social worker. III. Custodianship societies Custodianship societies are legal entities, which …” „… , certified social worker),or a custodianship society. This is a legal person, mostly sustained by charitable …” „… . Custodianship Court and the initiation of a proceeding 78 I. Custodianship authority 78 II. Legal proceedings …”

Shoichi Ogano Workshop 1: Personal Affairs and Consent to Medical Treatment S. 227-251

„… Chapter III: Workshops 229 Workshop 1: Personal Affairs and Consent to Medical Treatment …” „… (Professor, Faculty of Law, Waseda University, Japan) 241 V. Minoru Maeda (Legal-Support Adult Guardianship …” „… are actually engaged in adult guardian work …”

Jay Chalke Vision for 2020 – Trends in Law, Policy and Services S. 45-59

„… & Projected Care Types The allocation of this increasingly acute shortfall will present legal, ethical …” „… for our elders. However, in my line of work we see everyday the realization of that old maxim: “Where …” „… Canadian jurisdictions − Generally Canadian law reform: − Increased legal protections − Minimized …”

Yu Haga Workshop 2: Quality and Training of Volunteer Guardian S. 251-257

„… , psychology experts and social workers) and volunteer staffs so that they can provide high-quality legal …” „… . Mayumi Mochizuki (Vice-Administrative Director, Adult Guardian Center Legal Support, Japan) 251 II. Mr …” „… Guardian Center Legal Support, Japan) (1) In Japan, two guardianship systems have been implemented since …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Workshop 4: Protection of the Elderly and Adult Guardianship Laura Watts 259 Workshop 5: Legal Aspects of …” „… Verlagsgesellschaft, Baden-Baden 2013. Printed in Germany. This work is subject to copyright. All rights are reserved …” „… change of perspective also within the field of legal protection of adults from a welfare based approach …”

Eriko Ikeda Workshop 6: Public Support for Guardians S. 265-267

„… . Mitsuko Tamura, a social worker from Japan, summarized the current situation in Japan and its challenges …” „… was Mr. Masao Onuki, a solicitor who was the first chairman of the Legal-Support Adult Guardian …” „… Endo from the Kamata Notary Office, Tokyo Legal Affairs Bureau, Japan, who spoke about Welfare Trusts …”

Keiko Kobue Workshop 8: Higher Brain Dysfunction and Guardianship for Adults S. 269-280

„… significance 270 III. Compulsory automobile liability insurance and higher brain dysfunction 271 IV. Workers …” „… findings, and it is assumed that organic insult to the brain has been found objectively. IV. Workers …” „… automobile liability insurance complies with rating of residual disability for workers’ accident …”

Rebecca C. Morgan Workshop 7: Trusts and Adult Guardianships S. 267-269

„… panelists for this workshop: − Eishi Endo from the Kamata Notary Office, Tokyo Legal Affairs Bureau, Japan …” „… decision-making depending on what is needed. A trust can work as an alternative to a guardianship of the …” „… and higher brain dysfunction 271 IV. Workers’ accident compensation insurance and higher brain …”

Kees Blankman Workshop 3: Continuing Powers of Attorney (CPA) S. 257-259

„… knowledge of national legal systems and international developments was offered in the workshop by …” „… , public, real estate professionals, social workers, medical professionals, media, advocates, disability …” „… groups, and nursing home workers. So, it was a very broad and wide-ranging discussion but the points of …”

Laura Watts Workshop 4: Protection of the Elderly and Adult Guardianship S. 259-261

„… Workshop 5: Legal Aspects of Mental Capacity Hiromi Shiraishi∗ Workshop 5 dealt with “Capacity” in terms …” „… professionals, social workers, medical professionals, media, advocates, disability groups, and nursing home …” „… workers. So, it was a very broad and wide-ranging discussion but the points of view were very common. We …”

Masao Onuki Activities of the Japan Adult Guardianship Law Association S. 213-217

„… , lawyers, Shihoshoshis (solicitors), certified social workers, tax accountants, Gyoseishoshis, notaries …” „… professional groups Professionals such as Shihoshoshis (solicitors), lawyers and certified social workers …” „… face-to-face legal counselling and visiting counselling services regarding guardianship for adults and the …”

Anita Smith The Essential Elements of Effective Guardianship – An examination of the appointment, monitoring and review of effective guardians S. 149-163

„… of the communiy 153 II. Be accessible without legal representation 153 III. Be adapted for the …” „… legal identity rather than remove it. Ideally, the role of a guardian should aim to be self-defeating …” „… administrative systems can enhance the work of a guardian for the benefit of represented persons and in …”

Charles Chiu Chung-yee Adult Guardianship in Hong Kong S. 59-63

„… 59 B. Due Process & Human Rights 60 C. Functions & Powers 60 D. The Work 61 E. Conclusion 61 …” „… legal criteria as stated in s.59O(3), Mental Health Ordinance. In simple terms, the merits of an …” „… Guardianship is aimed at extending the subject-person’s basic human rights by appointing a legal guardian …”

Maria Mammeri-Latzel Overview of German Adult Guardianship Law from the Perspective of a German Judge (1st instance) S. 121-125

„… attorneys-at-law and some work in non-profit-advocacy organizations (Betreuungsvereinen). These organizations are …” „… loses (legal) capacity. This instrument is used frequently in recent years. In June 2009 916,091 of …” „… these deeds were registered in a central register. Very important for the daily work in Germany is …”

Hiroshi Takahashi, Tadahiro Tominaga Asian Day: Report S. 281-293

„… of his or her legal decision making capacity. In addition, it does not have guardianship supervisory …” „… : Form 1 confers the general power of representation; and Form 2 is created by a legal professional …” „… Civil Law presented the following basic principles before legislation work based on comparative studies …”

Kees Blankman Guardianship systems in Europe and continuing powers of attorney S. 39-45

„… position of the guardian. All legal systems in Europe have guardianship measures for adults, some systems …” „… legal response were not applied with proper emphasis. I decided to focus on the human rights …” „… perspective and study relevant decisions of the European court. The legal instruments in Europe, that shape …”

Volker Lipp Guardianship and Autonomy: Foes or Friends? S. 103-111

„… therefore need help and care by others. One important legal instrument of support is the appointment of …” „… taking care of his affairs a “legal guardian”, and I will use the term “guardianship” for the legal …” „… legal instruments for the protection of incapable adults, regardless whether a specific national law …”

Inhwan Park The new adult guardianship system in the proposed amendment of the Korean Civil Code S. 311-323

„… received this declaration (ward) has his or her capacity for conducting a legal act restricted or totally …” „… University Law School, Inchon, Korea. Inhwan Park 312 and may only establish legal relationships with the …” „… person who can do nothing”, because they lose the capacity to make a decision for performing a legal act …”

Peter Whitehead The Evolutionary Themes of Our International Conferences S. 221-226

„… . Collaborations with community and legal education 224 B. Collaborations with government policy makers 225 C …” „… service is clearly shown in the volume of work carried on by private and public trustees in Australia …” „… the agenda are: – Legal support systems – Mental capacity – Trust and guardianship law – Acquired …”

Ulrich Becker Guardianship and Social Benefits Law S. 25-39

„… disputes in the two areas of law, different legal scholars that work on scientific questions arising in …” „… 32 D. Interrelations and process of convergence (legal principles) 33 I. Traditional interrelations …” „… on the one hand, and social benefits law on the other, belong to two different legal worlds. Both …”

Fukiko Nakayama Issues Surrounding the Continuing Power of Attorney System in Japan S. 145-149

„… . Preparing for one’s own needs in old age requires a legal system that designates in advance a trustworthy …” „… of giving legal advice, I frequently meet people who want to use the system and make prepa …” „… (solicitors) and social workers handle continuing power of attorney cases. But even a professional can …”

Denzil Lush Adult Guardianship Proceedings and the Media S. 111-121

„… impartial. 2 Constitutional Code, Book II, chapter XII, section XIV. The Works of Jeremy Bentham …” „… Works of Jeremy Bentham, published under the superintendence of … John Bowring, (11 volumes, Edinburgh …” „… , suggested that the court to appoint an independent deputy, who could work closely with his family and make …”

David M. English Hague Conventions Relating to Guardianship and Prospects for US Ratification S. 63-69

„… country may be designated as caretakers. When legal disputes arise concerning the care of individuals …” „… lecture will focus exclusively on the work of the Hague Conference. B. The Hague Conventions The Hague …” „… , Harold Koh, the Legal Adviser for the U.S. Department of State, the official responsible for …”

Teruaki Tayama Operational Support System for the Adult Guardianship System – Judicial and Administrative Elements of the Adult Guardianship System S. 163-169

„… a legal system, in practice it is a system maintained by local administration. Since this system …” „… system by instituting legal reforms, those reforms alone are sufficient. The abolishing of a criminal …” „… statute of limitations is one example of this kind of legal reform. In the case of adult guardianship …”

Nobuyuki Koike Toward Support for Guardians/Volunteer Guardians S. 91-95

„… . At this point in time, family guardians’ work has received high evaluation. Family courts have …” „… concluded that most family guardians understand the heavy work and responsibilities of an adult guardian and …” „… , shihoshosis (solicitors), social workers and other professionals. Professionals are appointed guardians for …”

Thomas Meyer Adult Guardianship Legislation in Germany S. 125-135

„… the law (1) … (2) States Parties shall recognize that persons with disabilities enjoy legal …” „… the United Nations distanced itself from the legal systems, where persons with disabilities are …” „… legal representation (Substituted Decision Making) towards the support model (Supported Decision Making …”

Laura Watts Elder and Guardianship Mediation S. 217-221

„… means that so much work has been done. So, thank you again. It was at that event in 2008 that we had …” „… decision making within that context. We work collaboratively. It is a key value. We work on a …” „… multidisciplinary basis and our work must be done in a collaborative fashion. Our values believe that scholarly …”

Robert M. Gordon Developing Alternatives to Guardianship: A Canadian Perspective S. 69-77

„… I would begin very briefly by providing a primer on the Canadian legal framework within which …” „… that you introduce. I will give you three examples so you can see how this works. Let us just deal …” „… with Alzheimer’s disease to see how this works. Alzheimer’s disease is a moving tragedy. I am very …”

Sally Balch Hurme Guardianship Trends in the United States S. 85-91

„… legal and medical professions to better work together in determining the appropriate assistance for …” „… witnesses, to legal representation, and to clear and convincing evidence of the need for a guardianship. The …” „… organizations that agreed to work together and within our respective organizations to advance the needed reforms …”

Lusina Ho Trust and Confidence: Developing a Comprehensive System for Adult Guardianship in China and Hong Kong S. 293-299

„… of the ward and to act in the interest of the ward. It also stipulates legal responsibilities for …” „… legal framework is in great need of a thorough overhaul. First, the definition of mental incapacity is …” „… review the guardianship order periodically and works closely with the Director of Social Welfare in …”

Daniel Koh The Mental Capacity Act – A Singapore Perspective S. 299-305

„… possibly higher legal fees. Another feature for applications made under the previous legislation is that …” „… finally come up with the charges for making the legal document. In order for a LPA to be effective in …” „… Public Guardian in Singapore, as we work towards contributing to the greater good. 305 …”

Rebecca C. Morgan Least Restrictive Alternative, Limited Guardianship and the Ward’s Autonomy. Trends in the United States in the 21st Century S. 135-145

„… . This definition is designed to work with the concepts of least restrictive alternative and limited …” „… legal rights and that such deprivation may be unnecessary. The Legislature further finds that it is …” „… objectives through providing, in each case, the form of assistance that least interferes with the legal …”

Donovan Waters The Use of the Private Trust in the Aging Society of Today S. 169-199

„… , trust and legal person (incorporation) 174 I. Agency 174 II. Legal personification 175 III. Trust 176 …” „… , historically and today, this is where the trust plays its part. For generations it was thought of as a legal …” „… payments of cash amounts. Independent legal and financial advice before entering into such “reverse …”

Makoto Arai Ten Years’ Experience of Japan’s Adult Guardianship Law of 2000 S. 13-25

„… self-determination of principals who had lost their mental capacity under the contemporary legal code, even with the …” „… surveillance of proper procedures. It involves a great deal of work, but a system such as this is absolutely …” „… (legal principles) 33 I. Traditional interrelations between the two fields of law in practice 33 II …”

Makoto Arai Preamble S. 11-12

„… ”) held three objectives as defined below: First, recently, in the field of legal guardianship laws, a …” „… discuss once again, the meaning and the functions of legal guardianship laws. Second, the use of the …” „… legal guardianship law in Japan that came into effect in April 2004 remains very poor. As a result, the …”

Emiko Yamada The Aim of the Adult Guardianship System in Shinagawa Ward S. 199-204

„… social workers and other social resources coordinated around Ward administration and the Shinagawa Ward …” „… . Emiko Yamada 202 At this point the Shinagawa Ward Council on Social Welfare has acted as the legal …”

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VRÜ Verfassung und Recht in Übersee

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VRÜ | WCL Volume 11 (1978) Issue 3 ISSN Online: 2941-9603

Results in this title

Heleen Leetswart Labor Law and Labor Relations in Chile, 1900-1970. A Case Study of Law as a Means of Social Control S. 283-304

„… employers and non-unionized workers has been in accordance with the general legal provisions governing …” „… groups of at least 1 0 workers had no legal personality and would not share profits . With respect to …” „… (CUT) in 1953 , which brought together both legal and illegal unions of blue and white collar workers …”

Akilagpa Sawyer Thirty Years of Industrial Relations. Legislation in Ghana: 1941-1971 S. 331-345

„… detailed discussion reference must be made to relevant general works, such as : David E. Apter, Ghana in …” „… the distur bances of that year. Two years later the TUC brought the workers out in a general strike …” „… country were arrested and detained, and many workers were dismis sed en masse by both the government and …”

Jen-Kai Liu Gewerkschaften in der Volksrepublik China S. 305-330

„… . 5 8 . 3 8 JFRB, 1 2 . 9 . 5 1 ; s . a . P . Harper, "Trade Union Cultivation of Workers for …”

Andreas Boeckh Staatliche Gewerkschaftspolitik und abhängige Entwicklung. Eine vergleichende Analyse S. 261-281

„… Urban Worker", in : John J . Johnson. Hrsg . , Continuity aod Change in Latin America, Stanford 1 964 …” „… soeial groups coneerned . The analysis then focusses on how the interaction between those legal …” „… particular mixture of legal , illegal and a -legal behavior whieh characterizes labor relations in Chile in …”

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