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Legal Principles (legal + principle)

Distribution by Scientific Domains
Law and Criminology40%
Business, Economics, Finance and Accounting40%

Selected Abstracts

Modern Interpretations of Sustainable Development

JOURNAL OF LAW AND SOCIETY, Issue 1 2009
Andrea Ross
Early interpretations of sustainable development based on weak sustainability address neither the limits to the earth's resilience nor our failure to curb consumption. Given the challenges facing the earth today, especially climate change, a much more meaningful instrument is required and a new ethic based on the ecological carrying capacity of the Earth. The article examines the impact of those early interpretations before exploring the importance of ecological sustainability as the moral and (potentially fundamental) legal principle underpinning the concept of sustainable development. It examines the influence of the climate change agenda before examining the mechanisms available to make this ethic operational. Sustainable development has the capacity to set meaningful objectives, duties and rules, and provide boundaries for decision making, as reflected in recent legislation. Enhancing ecological sustainability through improving supply and impact is relatively easy for governments, businesses, and individuals; reducing consumption is much harder, and will require strong leadership. [source]

Groundwater Banking in Aquifers that Interact With Surface Water: Aquifer Response Functions and Double-Entry Accounting,

JOURNAL OF THE AMERICAN WATER RESOURCES ASSOCIATION, Issue 6 2009
Bryce A. Contor
Contor, Bryce A., 2009. Groundwater Banking in Aquifers That Interact With Surface Water: Aquifer Response Functions and Double-Entry Accounting. Journal of the American Water Resources Association (JAWRA) 45(6):1465-1474. Abstract:, Increasing worldwide demands for water call for mechanisms to facilitate storage of seasonal supplies and mechanisms to facilitate reallocation of water. Markets are economically efficient reallocation and incentive mechanisms when market conditions prevail, but special hydrologic and administrative conditions of water use and allocation interfere with required market conditions. Water banking in general can bring market forces to bear on water storage and reallocation, improving economic efficiency and therefore the welfare of society as a whole. Groundwater banking can utilize advantages of aquifers as storage vessels with vast capacity, low construction cost, and protection of stored water. For groundwater banking in aquifers that interact with surface water, an accounting system is needed that addresses the depletion of stored volumes of water as water migrates to surface water. Constructing such a system requires integration of hydrologic, economic, and legal principles with principles of financial accounting. Simple mass-balance accounting, even with allowances for depletion, is not adequate in these aquifers. Aquifer response functions are mathematical descriptions of the impact that aquifer pumping or recharge events have upon hydraulically connected surface water bodies. Double-entry accounting is a financial accounting methodology for tracking asset inventories and ownership claims upon assets. The powerful innovation of linking aquifer response functions with double-entry accounting technologies allows application of groundwater banking to aquifers where deposits can be depleted by migration to hydraulically connected surface water. It honors the hydrologic realities of groundwater/surface water interaction, the legal requirements of prior appropriation water law, and the economic requirements for equitable and efficient allocation of resources. [source]

Employment Laws and the Public Sector Employer: Lessons to Be Learned from a Review of Lawsuits Filed against Local Governments

PUBLIC ADMINISTRATION REVIEW, Issue 1 2009
P. Edward French
Numerous aspects of the day-to-day operations of local governments are subject to legal scrutiny; public managers and officials must be keenly aware of the legal rights and protections that extend to both citizens and employees of local governments. This research evaluates several areas of concern in the human resource administration of municipal governments with respect to the management of public employees within the protections set forth by the legislative and judicial branches of the federal government. Sample cases filed from 2000 to 2007 against local governments in Tennessee involving Title VII violations, retaliation, hostile work environment, Family and Medical Leave Act violations, and other employee grievances are detailed. The intent of this analysis is to highlight many of the laws and legal principles that relate to municipal human resources management and to provide scholars and practitioners with a brief overview of the liabilities that may arise from the employment relationship between local governments and their employees. [source]

Three Faces of Justice and the Management of Change

THE MODERN LAW REVIEW, Issue 1 2000
Sheldon Leader
The apparatus of legal principles we use has, far more than we realise, transformed the way we think about the control of private power in the name of social justice. The actual sort of equity that the legal and political system is searching for is not reflected in our major political theories, nor indeed in the official rhetoric of many such systems themselves. The reason for this mismatch has to do with the need to accomodate change , a space opened by the law and unacknowledged by theory. This article sets out the current theoretical frameworks within which the regulation of private power is analysed, and it contrasts these with a different approach to the problem of justice at work in employment and corporate law that does not find its way into theory. Once that approach is given a formulation, its place within a larger theory of justice is proposed, and its wider implications for the relationship between state and civil society are investigated. [source]

Rules of proof, courts, and incentives

THE RAND JOURNAL OF ECONOMICS, Issue 1 2008
Dominique Demougin
We analyze the design of legal principles and procedures for court decision making in civil litigation. The objective is the provision of incentives for potential tort-feasors to exert care when evidence is imperfect and may be distorted by the parties. Efficiency is consistent with courts adjudicating on the basis of the preponderance of evidence standard together with common law exclusionary rules. Inefficient equilibria may nevertheless also arise under these rules. Burden of proof guidelines are then useful as a coordination device. Alternatively, guidelines are unnecessary if courts are allowed a more active or inquisitorial role in contrast to that of passive adjudicator. [source]