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Existing Law (existing + law)

Distribution by Scientific Domains
Humanities and Social Sciences28%
Business, Economics, Finance and Accounting28%

Selected Abstracts

Disentangling the Differences between Abusive and Predatory Lending: Professionals' Perspectives

JOURNAL OF CONSUMER AFFAIRS, Issue 3 2008
LUCY M. DELGADILLO
This study describes how mortgage professionals differentiate abusive from predatory lending. Data were analyzed qualitatively. The results indicate that some users of this term do not always adhere to a strict definition of predatory lending but rather use it as a term for any general mortgage abuse and mortgage fraud. Existing laws at the federal- and state-level curtail abusive lending and promote fairness in the market place and they are highly enforced among depository financial institutions. However, unregulated nonfinancial institutions, mortgage brokers, and originators are still a primary source of predatory lending. [source]

Forced Displacement in Darfur, Sudan: Dilemmas of Classifying the Crimes

INTERNATIONAL MIGRATION, Issue 2 2008
Klejda Mulaj
ABSTRACT The ongoing forced displacement in Darfur has occasioned renewed interest in the phenomena of genocide and ethnic cleansing. Whereas the international response to the conflict has been considered promptly and elaborately by various analysts, few have paid sufficient attention, in the first instance, to the controversy surrounding the debate about the definition of the situation and the classification of crimes involved. Following an overview of the current conflict, the unfolding analysis seeks to show that the terminological debate reveals discrepancies in legal definitions and interpretations that may suggest that existing law may be inadequate to fully capture the nature of the crimes committed in Darfur. Confusion with the terminology has contributed to making the conflict more intractable. In addition, disagreement on a common definition of the situation has tended to justify inaction or limited involvement on the part of the international community. This article suggests that it is therefore necessary to resolve the terminological debate in order to ensure that no energy is wasted in arguing about the indeterminacy of the terms in the future and effective responses to mass violations of human rights are crafted in a timely fashion. [source]

The Law and Economics of Marriage Contracts

JOURNAL OF ECONOMIC SURVEYS, Issue 2 2003
Ian Smith
Growth in property ownership has raised the stakes in the distribution of financial assets on divorce. Given high risks of marital failure, this has stimulated the demand for private ordering through enforceable marriage contracts. This paper surveys the existing law and economics literature and legal practice to consider the state of knowledge on the economic theory, scope and limits of written nuptial agreements. [source]

After Bristol: the healthcare of young children and the law

LEGAL STUDIES, Issue 2 2003
Jo Bridgeman
This paper considers the written statements provided to the Bristol Inquiry by parents whose children underwent cardiac surgery at the Bristol Royal Infirmary between 1984 and 1995, seeking to learn from their experiences, opinions, feelings and expectations. The law regulating the relationship between healthcare professional, parent and child is considered in light of these accounts. The limitations of the existing law are such that a new legal framework is required which fosters the relationship between healthcare professional, parent and child, supporting them in the shared endeavour of caring for the child. Of central importance within this new framework would be recognition of each child as a distinct individual and of the expertise which parents can contribute to the care of their child. [source]

The International Legal Framework for the Safeguarding and Promotion of Languages

MUSEUM INTERNATIONAL, Issue 3 2008
Janet Blake
There are a sizeable number of international law provisions that answer the needs of speaker communities for the safeguarding and promotion of their languages, most of them rights-based. Some of UNESCO's cultural heritage instruments are also of relevance. This article analyses the existing law, its effectiveness and underlying principles and considers whether there is a need for further legal development in this area, as well as the usefulness of non-normative approaches. [source]

Stop female genital mutilation: appeal to the international dermatologic community

INTERNATIONAL JOURNAL OF DERMATOLOGY, Issue 5 2002
Aldo Morrone MD
Female genital mutilation (FGM) is a traditional cultural practice, but also a form of violence against girls, which affects their lives as adult women. FGM comprises a wide range of procedures: the excision of the prepuce; the partial or total excision of the clitoris (clitoridectomy) and labia; or the stitching and narrowing of the vaginal orifice (infibulation). The number of girls and women who have been subjected to FGM is estimated at around 137 million worldwide and 2 million girls per year are considered at risk. Most females who have undergone mutilation live in 28 African countries. Globalization and international migration have brought an increased presence of circumcised women in Europe and developed countries. Healthcare specialists need to be made aware and trained in the physical, psychosexual, and cultural aspects and effects of FGM and in the response to the needs of genitally mutilated women. Health education programs targeted at immigrant communities should include information on sexuality, FGM, and reproduction. Moreover, healthcare workers should both discourage women from performing FGM on their daughters and receive information on codes of conduct and existing laws. The aim is the total eradication of all forms of FGM. [source]

Toward an improved legislative framework for China's land degradation control

NATURAL RESOURCES FORUM, Issue 1 2008
Zhou Ke
Abstract The Chinese government has recently been attaching increasing importance to the application of effective legal tools to tackle land degradation (LD) issues. Based on the concept of sustainable development, China began developing and reaping the benefits of environmental and natural resources legislation including LD control regulations in the 1990s. In the past three years, some central-western provinces in China have been implementing a "People's Republic of China/Global Environment Facility (PRC/GEF) Partnership on LD Control of Dryland Ecosystems", which is based on an integrated ecosystem management (IEM) approach. IEM is designed to achieve a balanced, scientific and participatory approach to natural resources management, which creates the potential to improve the quality of Chinese environmental law and policy procedures. The paper studies the existing Chinese national laws and regulations pertinent to LD control within 9 areas covering land, desertification, soil erosion, grassland, forest, water, agriculture, wild animals and plants, and environment protection in detail, against IEM principles and basic legal elements. The main objective is to identify problems and provide feasible solutions and recommendations for the improvement of the existing laws and regulations. The authors conclude that the development of an improved national legislative framework is essential if LD control is to be successfully achieved. The paper is partly based on Component 1 , Improving Policies, Laws and Regulations for Land Degradation Control under PRC/GEF Partnership on Land Degradation in Dryland Ecosystems (TA 4357). [source]