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1.
Healthcare (Basel) ; 10(10)2022 Oct 01.
Article in English | MEDLINE | ID: covidwho-2065808

ABSTRACT

Recent data on number of claims, final judgement of claims and their costs are scarce. This study analyzes 15 years of malpractice claims in the Netherlands. All claims filed, and all claims closed by two insurance companies (which insure approximately 95% of all hospitals in the Netherlands) between 2007-2021 are included. Trends in number of claims, medical specialties involved, final judgements and costs from malpractice claims are analyzed, as well as the impact of COVID-19 on malpractice claims. In total, 20,726 claims were filed and 21,826 claims were closed. Since 2013, the number of claims filed decreased. Of all claims filed, 64% were aimed at surgical specialties and 18% at contemplative specialties. Of all claims closed, 24.49% were accepted, 19.26% were settled and 48.94% got rejected. The financial burden of all claims closed quadrupled between 2007 and 2021; this increase was caused by rare cases with excessively high costs. Since the COVID-19 pandemic, we observed a decrease in the number of claims filed, and the number of incidents reported. This study provides valuable insights into trends and developments in the number and costs of liability claims, which is the first step towards improving patient safety and preventing incidents and malpractice claims.

2.
Bmj ; 378, 2022.
Article in English | ProQuest Central | ID: covidwho-2020007

ABSTRACT

3 Pensions Consultation begins on NHS pension changes The UK government has launched a consultation on pension changes to make it easier for retired and partially retired NHS staff to return to the workforce or continue working over winter. Since March 2020 some of the pension scheme’s rules on retiring and returning have been suspended, but these measures apply only until 31 October. E-cigarettes are becoming especially popular with young people: 11% of 18-24 year olds use them, the highest rate by age group.6 Food safety Listeria is linked to ready-to-eat smoked fish The Food Standards Agency, Food Standards Scotland, and the UK Health Security Agency are reinforcing advice to vulnerable groups such as over 65s, anyone pregnant, or people with weakened immune systems, to ensure that ready-to-eat smoked fish is thoroughly cooked before they eat it. 9 Life expectancy US sees steepest decline in a century Life expectancy in the US fell for the second year running in 2021, said the Centers for Disease Control and Prevention.

3.
Journal of Property Investment & Finance ; 40(5):448-464, 2022.
Article in English | ProQuest Central | ID: covidwho-1973409

ABSTRACT

Purpose>The covenant strength of flexible workspace (FW) providers as tenants is debatable. There is the argument that providers are risky mainly due to the very nature of their business which consists of volatile revenue streams obtained from subletting the space in membership format, paying little attention to covenants. On the other hand, there is also the argument that the presence of a provider can add vibrancy and diversity to a building whilst also offering an additional amenity to existing tenants through overflow space, making FW providers desirable. This paper aims to explore this ambiguity by comparing rents paid by FW providers and other tenants within the same building in London over the period 2011 to 2021.Design/methodology/approach>Using a dataset of 1,042 leases in London over the period of 2011–2021 which was extracted from CoStar, the rent conditions of FW providers and their peers within the same building were analysed employing a hedonic pricing model.Findings>The results of the analysis suggest that FW providers have a negative and statistically significant effect on the effective rent in comparison to other tenants within the same building over the analysed period.Practical implications>This analysis has the potential to identify how FW providers are perceived in the market and offers both academics and practitioners valuable insights.Originality/value>The relationship between landlords and FW providers as tenants does not have a major coverage in the literature.

4.
American Journal of Public Health ; 112(8):1110-1114, 2022.
Article in English | ProQuest Central | ID: covidwho-1958495

ABSTRACT

GOVERNMENT PATENT USE One way to facilitate public access to high-cost medications is through government patent use.1 Given sovereign immunity-a legal doctrine immunizing the government from being sued without its consent-the federal government and its agents, such as generic drug manufacturers, have the ability to make or use patented inventions without the permission of the patent holder;in other words, protected by sovereign immunity, the federal government could use inventors' US patents without legal consequence (US patent rights do not apply overseas). [...]nonpatent exclusivities generally prohibit the approval of competing products only if they rely on data generated by another manufacturer. [...]the government or any third party could submit full new drug applications with original data.1,2 This strategy would not be able to circumvent Orphan Drug Act exclusivity for rare disease drugs because that act blocks the FDA from approving the "same drug" for the same disease or condition if it is a generic;however, because full trials would be needed, it might be feasible to pursue approval of a chemically distinct but therapeutically identical drug. [...]many agency actions are judicially reviewable under the Administrative Procedure Act (1946, Pub L No. 79-404)-a statute that waives the federal government's sovereign immunity. Fourth, Congress could amend the Federal Food, Drug, and Cosmetic Act (1938, Pub L No. 75-717) and the Public Health Service Act (1944, Pub L No. 78-410) to carve out exceptions to existing nonpatent exclusivities for government use.1,8 Although an exception exists for biologics the Public Health Service prepares when the biologic is unavailable from the license holder,9 this kind of authority could be expanded in terms of both to whom and to what it applies as well as under what conditions.

5.
Dissertation Abstracts International Section A: Humanities and Social Sciences ; 83(9-A):No Pagination Specified, 2022.
Article in English | APA PsycInfo | ID: covidwho-1958014

ABSTRACT

United States historians have recorded the Covid-19 pandemic as one of the major events of 2020. The Spring 2020 session was an unprecedented time for institutions of higher education. The traditional model of higher education was supplanted by digital online modality for delivery of curriculum, not only in order to finish the Spring 2020 semester, but to carry the universities forward all the way through the Summer 2021 semester. During March 2020, a predominant majority of universities and colleges transitioned to online modality within the span of days. This accelerated transition, coupled with the already existing strategy of using online education to fill enrollment gaps, and the class action lawsuits filed by students around quality and cost during the pandemic, clearly highlighted the potential and gaps in strategic plans and investments around online education delivery. This case study of a public doctoral university with very high research activity (R1), reviewed cases that demonstrated how state policies influenced an online education strategy and, subsequently, explored the strategic planning processes for online programs in this University. The case study further illustrates how the strategic planning process influenced the level of investments in support of online education programs. In summary, the findings of this holistic single case study highlight the purposeful, focused, prioritized energy necessary to deliver an online program, equally commensurate with the quality and experience of brick and mortar institutions, with a clear and singularly aligned goal of quality and affordable access via all administrators, faculty, and departments involved in the process. The findings concluded that the influence of the State was pivotal in setting the goal of affordable access and quality, along with funding incentives designed to drive the execution of the online education strategy and the strategic plan at this public R1 university. (PsycInfo Database Record (c) 2022 APA, all rights reserved)

7.
Transnational Environmental Law ; 11(2):223-233, 2022.
Article in English | ProQuest Central | ID: covidwho-1931282

ABSTRACT

[...]disruption creates pressure for evolution in existing legal frameworks, or the creation of new legal frameworks.4 Transnational environmental law encompasses evolving understandings of ‘law’, ‘regulation’, and ‘governance’ as they relate to the global nature of many contemporary environmental problems.5 This issue of Transnational Environmental Law (TEL) highlights the diverse range of legal, regulatory, and governance innovations that continue to be experimented with in an attempt to address complex environmental challenges. [...]Duvic-Paoli analyzes the disruptive impacts of climate change on lawmaking processes, followed by pieces by Donger, Mayer, and Burgers, which focus on legal disruption in the context of climate litigation and adjudication. In Milieudefensie v. Royal Dutch Shell, the Hague District Court (the Netherlands) issued an injunction against Shell to reduce its greenhouse gas (GHG) emissions by 45% by 2030, compared with 2019 levels.31 According to Mayer, ‘[t]he most innovative aspect of the judgment regards its interpretation of the Dutch law on torts as requiring [Shell] to take climate change mitigation action’.32 Mayer welcomes the establishment of a corporate duty of care to mitigate climate change, yet he notes that determining the content of the duty of care is ‘a challenging task’.33 In particular, he is sceptical of the Court's reliance on global mitigation objectives and climate science to determine the level of GHG emissions that Shell could emit without breaching its duty of care.34 Mayer suggests that the Court's ‘innovative decision’, and particularly its ‘methodological choices’ for determining the content of the duty of care, raise concerns that the Court is going beyond its constitutional role in interpreting and applying the law.35 He proposes an alternative methodology which applies Martti Koskenniemi's distinction between ‘descending reasoning’, in which norms are inferred from general international law principles, and ‘ascending reasoning’, in which norms are deduced from general state practice.36 While the judgment of the Hague District Court arguably reflects a strong preference for the former type of reasoning, it does not engage with ascending reasoning by considering empirical evidence of the current practices of oil-and-gas corporations. Mayer contends that a preferable approach would combine both types of reasoning by referring to international agreements and scientific reports, as well as sectoral practices among other companies.37 If the latter approach were adopted, the interpretation of the standard of care should incorporate what could be expected from an average or reasonable oil-and-gas company.38 Mayer suggests that such an approach reflects a ‘midpoint’ between ascending and descending reasoning, which is consistent with the courts’ function in applying, rather than making, the law.39 In ‘An Apology Leading to Dystopia: Or, Why Fuelling Climate Change is Tortious’,40 Laura Burgers responds to Mayer's analysis and offers a more sympathetic alternative reading of the Hague District Court's judgment.

8.
Astra Salvensis ; 2022(1):169-182, 2022.
Article in English | Scopus | ID: covidwho-1929387

ABSTRACT

Contractual obligations are the most common type of obligation. They arise on the basis of the concluded contract and their conditions are defined both by the law, and the agreement of the parties. At the same time, in the modern world, there is a dynamic increase in the value of contractual obligations, which necessitates in-depth study of them. In addition, the analysis of the possible legal consequences of the COVID- 19 pandemic on contractual obligations is relevant within this topic. The purpose of the study is to analyse the legal regulation of contractual obligations in the civil law system, as well as to identify gaps in legislation and possible ways to improve it in this area. During the writing of the article the author used general scientific methods of cognition: analysis, synthesis, inductive and deductive methods, analogy, comparison, dialectical logic and systems approach. In addition, special methods were used in the work: formal-legal, formal-logical, historical-legal, method of comparative legal research. In particular, the application of the comparative law method has contributed to a comprehensive study of contractual obligations in civil law in comparison with different countries. The historical-legal method has contributed to the study of the evolution of research in the field of contractual obligations in civil law, beginning with research conducted during the Roman Empire. The formal-legal method helped to reveal the peculiarities of the provisions of regulations on contractual obligations. The article is devoted to the theoretical development of contractual obligations in the system of civil law. In addition, international and European experience in the development of contractual obligations has been studied. The author also focuses on the analysis of COVID-19 as a circumstance that prevents the performance of the contract and releases the parties from liability, in particular, examines in detail whether COVID-19 can be considered a force majeure. © 2022 Transilvanian Association for the Literarure and Culture of Romanian People (ASTRA). All rights reserved.

9.
Pakistan Journal of Medical Sciences Quarterly ; 38(4):1056, 2022.
Article in English | ProQuest Central | ID: covidwho-1918918

ABSTRACT

The COVID-19 pandemic has highlighted the vulnerability of countries worldwide and their abilities to cope with the fast-paced demands of the research and medical community. A key to promoting ethical decision-making frameworks is by calibrating the sustainability at regional, national, and global levels to incorporate coordinated reforms. We performed a sustained ethical analysis and critically reviewed evidence addressing country-level responses to practices during the COVID-19 pandemic using PubMed (MEDLINE), Scopus, and CINAHL. The World Health Organization's ethical framework proposed for the entire population during the pandemic was applied to thematically delineate findings under equality, best outcomes (utility), prioritizing the worst off, and prioritizing those tasked with helping others. The findings demarcate ethical concerns about the validity of drug and vaccine trials in developing and developed countries, hints of unjust healthcare organizational policies, lack of equal allocation of pertinent resources, miscalculated allocation of resources to essential workers and stratified populations.

10.
Social Responsibility Journal ; 18(5):918-934, 2022.
Article in English | ProQuest Central | ID: covidwho-1909169

ABSTRACT

Purpose>Digital platforms enable the sharing economy and have become dominant business models in many industries. Despite their many benefits, negative externalities associated with the growth of for-profit digital platforms, such as Uber and Google, have ignited concerns among market participants, policymakers and society as a whole, without corrective market forces in sight. One way to address this problem is through a combination of government regulation, criminal enforcement actions and private antitrust litigation. This study aims to analyze an alternative approach, called the nonprofit digital platform (NDP), which is an emerging business model capable of unleashing free-market forces and enhancing the sharing economy’s social benefits.Design/methodology/approach>This study documents the negative externalities (actual and potential) of for-profit digital platforms, uses the product attributes model to explain the market position and strategy of NDPs with respect to for-profit digital platforms and provides recommendations for the successful launch and management of NDPs.Findings>An NDP is a market-based alternative to antitrust, regulation and litigation that enhances the social value created by the sharing economy, but its success requires startup-like management that attracts and retains talent, capital, effective advertising and positive network externalities.Social implications>NDPs can force free-market adjustments in the industries they enter, reduce the negative spillovers of for-profit digital platforms and increase social value by incrementally raising the level of competition.Originality/value>This study conceptually explores the value that nonprofits could bring to the sharing economy in fulfilling its promise and provides strategic recommendations for social-digital entrepreneurs and nonprofits.

11.
Tob Control ; 2022 Jun 17.
Article in English | MEDLINE | ID: covidwho-1902078

ABSTRACT

BACKGROUND: Multiunit housing residents are often exposed to neighbours' secondhand smoke (SHS). Little is known on the current systems available to protect residents in places not covered by a residential smoking ban, or what constitutes an appropriate policy approach. This study explores relevant systems and policies in Singapore, a densely populated city-state where the vast majority live in multiunit housing and discussions on regulating smoking in homes are ongoing. METHODS: In-depth interviews with 18 key informants involved in thought leadership, advocacy, policy or handling SHS complaints, and 14 smokers and 16 non-smokers exposed to SHS at home. RESULTS: The current system to address neighbours' SHS comprises three steps: moral suasion, mediation and legal dispute. Moral suasion and mediation are often ineffective as they depend on smokers to willingly restrict their smoking habits. Legal dispute can yield a court order to stop smoking inside the home, but the process places a high evidence burden on complainants. While setting up designated smoking points or running social responsibility campaigns may help to create no-smoking norms, more intractable cases will likely require regulation, a polarising approach which raises concerns about privacy. CONCLUSIONS: Without regulations to limit SHS in multiunit housing, current systems are limited in their enforceability as they treat SHS as a neighbourly nuisance rather than a public health threat.

12.
Tobacco Control ; 31(2):387-393, 2022.
Article in English | ProQuest Central | ID: covidwho-1891901

ABSTRACT

Correspondence to Stan Shatenstein, Deputy News Editor, Tobacco Control, Montreal, Quebec, Canada;shatensteins@sympatico.ca For the past 30 years, Tobacco Control (TC) has been one of few leading scientific journals to include editorial cartoons in its pages. Tobacco Industry and Tobacco Control Smoking and the Movies Long before Jurassic Park IV could be imagined, smoking had made a notable comeback in films like Avatar, where growing tobacco would have been near impossible or an extraordinary waste of precious agricultural land, and in the original Jurassic Park, Samuel L Jackson recalls that director Steven Spielberg gave him ‘the worst-tasting fake cigarettes ever’, knowing that Jackson had quit smoking and did not want to suffer a relapse in real life. Lawsuits In 2005, the Supreme Court of Canada unanimously upheld British Columbia’s Tobacco Damages and Health Care Costs Recovery Act, making it possible for the province to continue to seek redress from the tobacco industry.

13.
Revista Juridica ; 1(68):600-632, 2022.
Article in Portuguese | Scopus | ID: covidwho-1887548

ABSTRACT

Objective: the COVID-19 pandemic revealed serious structural failures in the Brazilian health system, aggravating an existing crisis and favoring the judicialization of health. Would the traditional judicial process be the most appropriate to deal with this new wave of judicialization of health? Based on this inquiry, this paper investigates how structural litigation, guided by an experimentalist perspective, can contribute to access to health in times of pandemic. Methodology: The deductive method is used, supported by bibliographic-documental research and qualitative analysis of ADPF nº 709, filed in 2020, which addresses the Union's omissions in the protection of indigenous peoples during the pandemic. Results: The structural litigation, guided by experimentalism, may allow dialogical judicial interventions, which do not usurp the typical competences of the Executive, but which lead to the creation of plans to face structural problems in public health, aggravated by the pandemic. Contributions: Among the various contributions brought by the present study is the analysis of ADPF No. 709, filed in 2020, which deals with the Union's omissions in the protection of indigenous peoples during the pandemic, which seeks to demonstrate the practical applicability of the structural process and investigates the possibility of edition of dialogical and cooperative judicial judgments that assist the majority bodies in the creation of plans to cope with social deficits left by the COVID-19 pandemic. © 2022, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.

14.
SSRN; 2022.
Preprint in English | SSRN | ID: ppcovidwho-337960

ABSTRACT

The UK Supreme Court’s decision in The Financial Conduct Authority (FCA) v Arch and Others is of considerable significance. It is arguably the leading authority, not just in the UK but elsewhere in the common law world, on the response of business interruption insurance (BII) policies to claims arising from the COVID-19 pandemic. This article explains the nature of BII policies and the law in England & Wales prior to the decision in FCA v Arch. It then examines the Supreme Court’s decision in detail before reflecting on its wider implications for policyholders, insurers and others.

15.
Int J Semiot Law ; 35(3): 1215-1232, 2022.
Article in English | MEDLINE | ID: covidwho-1859076

ABSTRACT

The aim of this paper is to analyse the legal record on civil litigation from mid-March 2020 to mid-July 2021 and examine COVID-19 pandemic-related arguments in a sample of litigated cases heard in Polish courts, more precisely 41 cases. In an attempt to establish the number and types of court cases in which such arguments have been raised, the population of individual case records was accessed electronically from the Ordinary Courts Judgments Portal (Pol. Portal Orzeczen Sadów Powszechnych). The analysed research material consists of texts of written justifications published along with rulings of courts of the first instance in the Portal, except for texts regarding criminal cases and widely understood labour cases. This paper refers to certain theoretical aspects of argument and argumentation. Then, it sheds light on the use of COVID-19 pandemic-related arguments by the parties involved in litigation-as reported by the courts in written justifications-considering, amongst others, whether those arguments were found convincing by the courts. Based on a survey of relevant cases, an attempt was made to identify categories of COVID-19 pandemic-related arguments of the parties involved in litigation, raised in their legal submissions. Also a look into the tendencies in this regard was taken to see whether any patterns emerge and it is possible (or not) to discern different trends in the analysed phenomena. The point of the analysis in this article is both descriptive and normative.

16.
Tobacco Control ; 31(3):399-401, 2022.
Article in English | ProQuest Central | ID: covidwho-1832558

ABSTRACT

Despite some tobacco control success in China, likely as a result of completing MPOWER’s policies of monitoring tobacco use, introducing prevention policies and introducing mass media policies, the Global Adult Tobacco Survey (GATS) found that smoking cessation attempts have actually decreased from 36.4% of smokers in 2010 to 19.8% in 2018. [...]China faces significant tobacco-related disease burdens and direct and indirect economic costs, which have been estimated to be between USD$9 billion to USD$57.5 billion per year. Letters urging the Attorney General not to approve the Brookline bylaw were submitted by the Business Retail Association of Brookline and by the New England Convenience Store and Energy Marketers Association, while letters urging approval of the measure were submitted by Action on Smoking and Health and by PHAI. On 14 September, 2021, several Brookline tobacco retailers filed a lawsuit in Massachusetts Superior Court challenging the bylaw on the basis that despite the approval by the state attorney general, it is pre-empted under state law, and that it violated the Massachusetts Constitution’s guarantee of equal protection under the law by discriminating against anyone born on or after 1 January, 2000.

17.
Revista Brasileira de Politicas Publicas ; 11(3):549-580, 2021.
Article in Portuguese | Scopus | ID: covidwho-1789594

ABSTRACT

Given the risks that the COVID-19 pandemic has generated for the human rights of vulnerable groups, such as indigenous peoples, this article aims to undertake a contextualized critical analysis of the approach of the Brazilian Federal Supreme Court in the adjudication of the structural reform litigation ADPF 709/2020, in order to verify the contributions that can arise from the interaction with the regional jurisdiction and that of other states in the environment of the Ius Constitutionale Commune in Latin America (ICCAL). To this end, using the deductive method and a critical bibliographic review of jurisprudence and doctrine, the investigation is based on the study of the institutes of transformative constitutionalism and structural reform litigation as tools that operationalize inter-American human rights standards, as well as the judicial dialogues that demand cooperation among jurisdictions to fulfill their constitutional commitments. Next, we studied the use of structural reform litigation to protect the rights of indigenous communities by ICCAL member courts in order to identify their contributions. Finally, a detailed study of the decisions adopted in ADPF 709 demonstrated the STF’s openness to the legal parameters of the ICCAL, through the use of a structural process that values institutional dialogue between the court, executive branch agents, and indigenous communities, with attention to their traditional values. The STF seems to be on the way to advancing the realization of transformative constitutionalism in Brazil, and may deepen its dialogue with the Inter-American Court and adopt strategies of interaction and approximation with the affected communities. © 2021 Centro Universitario de Brasilia. All rights reserved.

18.
SSRN; 2022.
Preprint in English | SSRN | ID: ppcovidwho-333334

ABSTRACT

The spread of the novel coronavirus SARS-CoV-2 (COVID-19) among meatpacking employees forced closures and slowdowns at many plants across the United States. As the meatpacking giants JBS, Smithfield, and Tyson became hotbeds for COVID-19, national meat production plummeted. To forestall further supply chain disruptions, former President Trump passed an Executive Order compelling plants to continue operating as “essential businesses.” As work continued, employees reported that social distancing and mask-wearing were not being enforced, managers were pressuring sick employees to work and not revealing co-worker’s infections, and an overall lack of Personal Protective Equipment (PPE) or training to reduce the risk of infection prevailed. With over 50,000 meatpacking workers contracting and 250 dying from COVID-19, academic scholarship has neglected addressing this failure to keep workers safe. The problem is that while workers were deemed “essential,” they were ignored by employer practices and lax regulations allowing rapid COVID-19 transmission in the workplace. As illnesses and deaths mounted, the former Trump administration did not issue a COVID-19 emergency standard and many states also narrowed their worker protections, passing “liability shield” legislation and restricting worker’s compensation coverage for employee claims. Injured on the job, plaintiffs began suing for their rights. However, while litigation brought by workers and their families, labor advocates, and unions has advanced, plaintiffs continue to struggle to overcome motions to dismiss based on preemption by either workers’ compensation, primary jurisdiction, or liability shields. This Article is the first to use COVID-19 litigation to expose gaps in workplace safety, and the first to present a timely, evidence-based solution to address the problem: a new Emergency Temporary Standard (ETS) and workers’ compensation reform. The new ETS will provide a necessary baseline for Occupational Safety and Health Administration (OSHA) fines and citations which will, in turn, motivate companies to adopt safety practices. It will also help plaintiffs present evidence of breach of a standard in their workers’ compensation hearings and personal injury claims. Finally, this Article will fundamentally impact three simultaneous discussions: (1) an investigation by the new House Select Subcommittee on the Coronavirus Crisis on how the country’s meatpacking companies handled the pandemic;(2) the development of a new Emergency Temporary Standard to combat the spread of COVID-19;(3) litigation involving a case accusing the world’s largest meat processing company of causing a worker’s COVID-19 death.

19.
Intellectual Property Journal ; 34(2):207-225, 2022.
Article in English | ProQuest Central | ID: covidwho-1782244

ABSTRACT

Tandis que le monde se numerise de plus en plus, les bibliotheques modernisent leurs collections afin de les rendre disponibles en ligne. Au cours de cette transition, elles doivent relever de nouveaux defis en matiere de droit d'auteur et de droit de la propriété intellectuelle. Dans cet article, l'auteur examine les effets sur le droit d'auteur canadien du pret numerique controle utilise par l'Open Library, un projet de l'Internet Archive. L'auteur fait valoir que si la numerisation de la collection d'une bibliotheque constitue, a premiere vue, une violation du droit d'auteur, il est possible d'invoquer avec succes les exceptions garanties aux bibliotheques en vertu de la Loi sur le droit d'auteur, de meme que l'utilisation equitable en general, afin d'etablir une exemption pour la numerisation. En particulier, l'utilisation equitable represente une exception susceptible d'etre applicable au pret numerique controle lorsque les bibliotheques numerisent des ouvrages qui ne sont plus édités ou qui ne sont pas disponibles en version numerique.Alternate :As the world becomes increasingly digital, libraries are modernizing their collections by making them available online. While making this transition, they face novel challenges in copyright and intellectual property law. This article examines the effects of Controlled Digital Lending (CDL) as used by the Internet Archive and its subsidiary, the Open Library, on Canadian copyright Law. It argues that while the digitization of a library's collection is prima facie copyright infringement, the exceptions granted to libraries under the Copyright Act, and fair dealings in general, can be successfully utilized to carve out an exception for digitization. Particularly, fair dealings will be a viable exception for CDL where libraries digitize works that are out of print and do not have digital versions available.

20.
Revista Juridica ; 3(65):115-133, 2021.
Article in Portuguese | Scopus | ID: covidwho-1786573

ABSTRACT

Objective: This article analyzes the main decisions related to tax matters in the context of the pandemic caused by Covid-19 in 2020. The survey focuses on cases in which the effects of the pandemic were taken as the main reason of the action, considering four issues: (1) taxes payment suspension;(2) requests for replacement of the judicial deposit for surety bonds;(3) suspension of restrictions imposed by the Fiscal Responsibility Law to the granting of tax benefits and (4) public debt refinancing. Methodology: The research adopted a deductive approach and bibliographic and documental research techniques, with the analysis of legal literature and of judgments of different instances of the Judiciary Branch on the subject. Results: The text concludes that the Judiciary Branch, especially the Federal Supreme Court, used its powers with caution in tax matters, as a rule limiting its decisions to protective measures while waiting for legislative ruling. Contributions: The article makes an original analysis of the Federal Supreme Court's stance during the pandemic, highlighting its attitude of self-restraint towards the legislative competences related to the economic crisis confrontation in tax matters, and of strong effectiveness, with the use of virtual instruments, in the conclusion of tax judgments that have long awaited the appreciation of the Court Full Bench. © 2021, Centro Universitario Curitiba - UNICURITIBA. All rights reserved.

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