• Title/Summary/Keyword: Case Law

Search Result 1,956, Processing Time 0.027 seconds

CONVERGENCE RATE IN STRONG LAW FOR ARRAYS OF ROWWISE AANA RANDOM VARIABLES

  • Han, Kwang-Hee
    • Journal of the Chungcheong Mathematical Society
    • /
    • v.26 no.1
    • /
    • pp.137-145
    • /
    • 2013
  • In this paper we obtain the complete convergence of weighted sums of asymptotically almost negatively associated random variables. Some previous known results for negatively associated random variables are generalized to asymptotically almost negative association case.

Newspapers Are Dead? A Case Study on Chinese Newspapers' Public Opinion Guidance in the Context of New Media

  • Ting, Yang
    • Asian Journal for Public Opinion Research
    • /
    • v.8 no.1
    • /
    • pp.22-40
    • /
    • 2020
  • With social media booming, newspapers are facing an enormous challenge, and some have even had to exit the market. Likewise, their role as a main force of public opinion guidance in China has also been challenged. They have lost their vantage ground. The present study conducted a case study on one well-known Chinese online public opinion event. Through analyzing the newspapers' role played in different public opinion development stages, this study displayed how Chinese newspapers worked together and successfully guided online public opinion in that case. The newspapers' advantages in guiding public opinion and suggestions as to how newspapers can survive and guide public opinion in the new media era are put forward in the final section.

The Limitation of Air Carriers' Cargo and Baggage Liability in International Aviation Law: With Reference to the U.S. Courts' Decisions (국제항공법상 화물.수하물에 대한 운송인의 책임상한제도 - 미국의 판례 분석을 중심으로 -)

  • Moon, Joon-Jo
    • The Korean Journal of Air & Space Law and Policy
    • /
    • v.22 no.2
    • /
    • pp.109-133
    • /
    • 2007
  • The legal labyrinth through which we have just walked is one in which even a highly proficient lawyer could easily become lost. Warsaw Convention's original objective of uniformity of private international aviation liability law has been eroded as the world community ha attempted again to address perceived problems. Efforts to create simplicity and certainty of recovery actually may have created less of both. In any particular case, the issue of which international convention, intercarrier agreement or national law to apply will likely be inconsistent with other decisions. The law has evolved faster for some nations, and slower for others. Under the Warsaw Convention of 1929, strict liability is imposed on the air carrier for damage, loss, or destruction of cargo, luggage, or goods sustained either: (1) during carriage in air, which is comprised of the period during which cargo is 'in charge of the carrier (a) within an aerodrome, (b) on board the aircraft, or (c) in any place if the aircraft lands outside an aerodrome; or (2) as a result of delay. By 2007, 151 nations had ratified the original Warsaw Convention, 136 nations had ratified the Hague Protocol, 84 had ratified the Guadalajara Protocol, and 53 nations had ratified Montreal Protocol No.4, all of which have entered into force. In November 2003, the Montreal Convention of 1999 entered into force. Several airlines have embraced the Montreal Agreement or the IATA Intercarrier Agreements. Only seven nations had ratified the moribund Guatemala City Protocol. Meanwhile, the highly influential U.S. Second Circuit has rendered an opinion that no treaty on the subject was in force at all unless both affected nations had ratified the identical convention, leaving some cases to fall between the cracks into the arena of common law. Moreover, in the United States, a surface transportation movement prior or subsequent to the air movement may, depending upon the facts, be subject to Warsaw, or to common law. At present, International private air law regime can be described as a "situation of utter chaos" in which "even legal advisers and judges are confused." The net result of this barnacle-like layering of international and domestic rules, standards, agreements, and criteria in the elimination of legal simplicity and the substitution in its stead of complexity and commercial uncertainty, which manifestly can not inure to the efficient and economical flow of world trade. All this makes a strong case for universal ratification of the Montreal Convention, which will supersede the Warsaw Convention and its various reformulations. Now that the Montreal Convention has entered into force, the insurance community may press the airlines to embrace it, which in turn may encourage the world's governments to ratify it. Under the Montreal Convention, the common law defence is available to the carrier even when it was not the sole cause of the loss or damage, again making way for the application of comparative fault principle. Hopefully, the recent entry into force of the Montreal Convention of 1999 will re-establish the international legal uniformity the Warsaw Convention of 1929 sought to achieve, though far a transitional period at least, the courts of different nations will be applying different legal regimes.

  • PDF

A Study on the Enactment Proposal of the Ship sale & Purchase in Maritime Law (해사법상 선박매매에 관한 입법적 고찰)

  • Jeong, Seon-Cheol
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
    • /
    • 2007.12a
    • /
    • pp.51-55
    • /
    • 2007
  • This thesis deals with the legal principles, case law decisions and suggestions for the Sale & Purchase of ships concerning enactment proposal of maritime law. Recently, the shipbuilding market has shown a major shift towards East Asia, particularly Korea, Japan and China. The major Korean shipyards in particular have engaged in substantial investment programmes both to expand their overall shipbuilding capacity and to enter new markets, such as for liquefied natural gas(LNG) carriers. The Korean Government has recently taken interest in the sale & purchase of used ships, utilizing the Internet and has made plans for building the Shipping Exchange in korea. So this thesis examines the situation of the world's shipping industry and the different kinds of the Sale & Purchase of ships. deals with the legal principles, and case law decisions. describes Forms of Shipbuilding Contracts and Memorandums of Agreement of second-hand ships. And makes suggestions for 1) the Shipbuilding Contracts of the shipowner's Association of Korea and 2) The Korean Shipbrokers' Association's Memorandum of Agreement for Ship Sale & Purchase in the korean shipping industry. Having reached the end of this thesis. the writer suggests to make terms of sale of ships in the korean civil code and commercial code, Additionally. the writer suggests to make a special law in relation to the Sale & Purchase of ships. Furthermore, the writer suggests expanding the Shipping Exchange in Korea.

  • PDF

A study on the problems in appling CIF, Incoterms 1990 into the contract of sale. (1990년(年) 인코텀즈에 따른 CIF조건(條件)의 활용상(活用上)의 문제점(問題點))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.6
    • /
    • pp.11-51
    • /
    • 1993
  • This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

  • PDF

A Study on the Internet Defamation Policy and Law - Focusing on the Communications Decency Act of 1996 and the Brodie Case (인터넷 명예훼손 방지를 위한 정책과 법안에 관한 연구 - 미국의 통신품위법과 Brodie 사건을 중심으로)

  • Bae, Sung-Ho
    • Journal of Digital Convergence
    • /
    • v.10 no.8
    • /
    • pp.29-37
    • /
    • 2012
  • Defamation is one of the most frequently occurring daily legal violation because it can easily be done by words. In the internet generation with flooding internet forum websites and social network services, internet defamation is becoming one of the most serious problems in many leading IT countries including Korea and the United States. Being such a critical issue that can lead to a suicide, Korean policy makers has undertaken efforts to prevent the internet defamation by defining the liabilities of internet users and internet service providers. Many of the policies and laws including "the Telecommunication Information Usage Promotion and Security Protection Act of 2007" are modeled after that of the United States. Thus, the study aims to explore American defamation law and internet defamation law analyzing "the Communications Decency Act of 1996" and a recently decided precedent, "Brodie" case, in Maryland state court.

Comparative investigation of endurance and bias temperature instability characteristics in metal-Al2O3-nitride-oxide-semiconductor (MANOS) and semiconductor-oxide-nitride-oxide-semiconductor (SONOS) charge trap flash memory

  • Kim, Dae Hwan;Park, Sungwook;Seo, Yujeong;Kim, Tae Geun;Kim, Dong Myong;Cho, Il Hwan
    • JSTS:Journal of Semiconductor Technology and Science
    • /
    • v.12 no.4
    • /
    • pp.449-457
    • /
    • 2012
  • The program/erase (P/E) cyclic endurances including bias temperature instability (BTI) behaviors of Metal-$Al_2O_3$-Nitride-Oxide-Semiconductor (MANOS) memories are investigated in comparison with those of Semiconductor-Oxide-Nitride-Oxide-Semiconductor (SONOS) memories. In terms of BTI behaviors, the SONOS power-law exponent n is ~0.3 independent of the P/E cycle and the temperature in the case of programmed cell, and 0.36~0.66 sensitive to the temperature in case of erased cell. Physical mechanisms are observed with thermally activated $h^*$ diffusion-induced Si/$SiO_2$ interface trap ($N_{IT}$) curing and Poole-Frenkel emission of holes trapped in border trap in the bottom oxide ($N_{OT}$). In terms of the BTI behavior in MANOS memory cells, the power-law exponent is n=0.4~0.9 in the programmed cell and n=0.65~1.2 in the erased cell, which means that the power law is strong function of the number of P/E cycles, not of the temperature. Related mechanism is can be explained by the competition between the cycle-induced degradation of P/E efficiency and the temperature-controlled $h^*$ diffusion followed by $N_{IT}$ passivation.

Review of a Tort Case regarding Liability for the Production of Air Pollutant-emitting Vehicles: Supreme Court Decision 2011Da7437, Decided on September 4, 2014 (자동차를 통한 대기오염물질의 배출에 따른 민법상 불법행위책임의 성립 여부: 대법원 2014. 9. 4. 선고 2011다7437 판결을 중심으로)

  • Lee, Sun Goo
    • Journal of Environmental Health Sciences
    • /
    • v.42 no.6
    • /
    • pp.375-384
    • /
    • 2016
  • Objectives: This paper analyzes the intersection of tort law and environmental health in a recent court decision. Methods: This paper analyzes Supreme Court Decision 2011Da7437, Decided on September 4, 2014 and related lower court decisions. Results: The plaintiffs sought financial compensation from the defendants, arguing that air pollutants in gases emitted by vehicles produced by the defendants had caused them to acquire respiratory diseases. The district court highlighted the need to mitigate the burden of proof for the plaintiffs, but proceeded to review whether the plaintiffs proved the actual toxicity levels of the air pollutants, whether the defendant's vehicles were the main source of the emissions, the plaintiff's level of exposure to the pollutants, and causation between the emissions and the injury. By doing so, the district court required the plaintiffs to prove both indirect and direct facts of causation, increasing burden of proof for plaintiffs. The appellate court upheld the district court's decision, adding that the defendant's conduct did not constitute an illegal act because it did not violate the emissions standards set by environmental law. The Supreme Court upheld the appellate court's decision, reasoning that the epidemiological evidence cannot establish a direct causation for diseases that lack specificity. Conclusion: This case demonstrates that discussions in environmental health have significance in tort lawsuits. For each fact that the plaintiffs and defendants attempted to prove, environmental health research studies were offered as evidence. In addition, the courts decided the legality of the defendant's conduct based on emission standards set by environmental law.

A Study on the Application of Principle of Good Faith in L/C Base Transaction (신용장(信用狀) 거래(去來)에 있어 신의성실(信義誠實) 원칙(原則)의 적용(適用)에 관한 고찰(考察))

  • Shin, Koon-Jae;Kim, Kyung-Bae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.22
    • /
    • pp.173-197
    • /
    • 2004
  • Letter of Credit between buyer and seller in International Trade Transaction is the means of payment which makes International Trade operate smoothly by guaranteeing an exporter against non-payment and an importer against non-delivery. Therefore, the parties to a sale apply UCP500 established by the International Chamber of Commerce, in accordance with principle of the freedom of contract among the parties concerned, to look to their own legal stability. However, we may recognize some cases to have been applied principle of faith and trust, one of the dominant principles of the civil law, by the Korean Supreme Court and other cases to have not been applied that principle by the Korean Supreme Court. The Court shall apply UCP500 strictly as long as the parties concerned adopt UCP500 in view of the legal stability. In other words, in case that the Court applies principle of faith and trust to the case related to L/C, this rule - principle of faith and trust - should apply to the subject matter which have not stipulated in UCP500 under certain restriction. We suggest keeping in mind points to korean companies as follows; First, the parties to a sale shall understand L/C basis transaction and principles related to L/C deeply. Second, the exporter shall prepare documents in compliance with L/C and fulfil his or her obligation according to UCP500 and L/C related to the contract. Third, as buyer or importer, when he or she receive the shipping documents with discrepancies from the notifying bank, he or she makes him or herself clear to all the parties concerned. Fourth, as bank, she shall examine all the documents according to UCP500 and L/C related to the contract, and if any document with discrepancies, the bank, by all means, shall approach applicant first, and then decide whether to pay the credit amount to beneficiary or not to.

  • PDF