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Topic: Capacity (law)

	Capacity - Wikipedia, the free encyclopedia
		Cranial capacity is a measure of the volume of the interior of the skull
		Seating capacity refers to the number of people who can be seated in a venue, either in terms of the space available, or in terms of limitations set by law.
		Capacity utilization is a term in economics referring to the relationship of actual to potential output of industries.
	en.wikipedia.org /wiki/Capacity (254 words)

	Capacity (law) - Wikipedia, the free encyclopedia
		The capacity of both natural and artificial persons determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will.
		for natural persons, the law of domicile or lex domicilii in common law states, and either the law of nationality or lex patriae, or of habitual residence in civil law states;
		When the law limits or bars a person from engaging in specified activities, any agreements or contracts to do so are either voidable or void for incapacity.
	en.wikipedia.org /wiki/Capacity_(law) (162 words)

	Moore's Law - Wikipedia, the free encyclopedia
		If Moore's Law were applicable to the airline industry, a flight from New York to Paris in 1978 that cost $900 and took seven hours, would now cost about $0.01 and take less than one second.
		The current rate of increase in hard drive capacity is roughly similar to the rate of increase in transistor count and has been dubbed Kryder's Law.
		Although Moore's Law was initially made in the form of an observation and forecast, the more widely it became accepted, the more it served as a goal for an entire industry.
	en.wikipedia.org /wiki/Moore%27s_Law (2478 words)

	capacity
		The diminished capacity plea is based in the belief that certain people, because of mental impairment or disease, are simply incapable of possessing the mental state required to commit a certain crime.
		In the example of murder and manslaughter, diminished capacity states that a certain defendant is incapable of intending to cause a death, and therefore must have at most caused such a death recklessly.
		The USSG states that a federal court may depart downward from the minimum sentence on the basis of diminished capacity if the offense was nonviolent.
	www.law.cornell.edu /background/insane/capacity.html (659 words)

	GAO-03-736, Federal Law Enforcement Training Center: Capacity Planning and Management Oversight Need Improvement
		The issue of consolidated federal law enforcement training is of particular interest to you and the Appropriations Committee, which is on record as being fully committed to the principle of such training.
		Basic training is mandatory for entry-level federal law enforcement personnel, such as those hired by the Border Patrol, and is usually provided during the first year of employment to familiarize recruits with law enforcement skills and operations.
		The combined capacity for a 5-day/8-hour workweek at the three FLETC campuses is about 67,000 student weeks short of projected demand, and for a 6-day/8-hour workweek about 28,000 student weeks short of the projected demand.
	www.gao.gov /htext/d03736.html (17223 words)

	FBI Report on Wiretap Capacity 2/96
		Law enforcement jurisdictional legal authority in a great number of cases is defined by county boundaries (i.e., for local law enforcement agencies).
		The use of categories permitted capacity requirements to be stated in a way that reasonably reflected, and was responsive to, law enforcement interception needs without unduly burdening all carriers with the same level of capacity or requiring a particular carrier to provide the same capacity level everywhere in its network.
		Law enforcement determined that it was imperative to construct and utilize an analytical statistical model in order to address the variability related to relevant historical data that could be associated with interception activity.
	www.epic.org /privacy/wiretap/calea/calea_report_2_96.html (6037 words)

	law.com - Decision
		Earning capacity has been defined as the "ability and fitness to work in gainful employment for any type of remuneration, including salary, commissions, and other benefits, whether or not the person is actually employed." Baccus v.
		Loss of earning capacity, however, is not measured by what a person actually earned before injury, but what the worker's capacity to earn a livelihood actually was, even if he or she had never worked in that capacity in the past.
		In order to recover for diminished earning capacity in a particular occupation, it is not always necessary for the plaintiff to have been working in and deriving earnings from that occupation before injury, as long as earnings from that occupation would provide a true measure of that plaintiff's earning capacity.
	www.law.com /jsp/decisionstate.jsp?id=1085069395338 (9612 words)

	Law and Policy Reform - ADB.org (Site not responding. Last check: 2007-08-20)
		As part of its efforts to support capacity building and governance for sound development management, the Bank continues to expand law and development work, promoting policies, legal reforms, and regulations supporting economic growth; enhancing the status of women; and protecting the environment.
		Such work has focused on capacity building among institutions responsible for the administration and enforcement of laws and regulations, continuing legal education for government lawyers working with front-line development ministries and with government enterprises, and fostering research into the relationships between economic development and legal reforms.
		Such law and development programming took on a new dimension in 1998, as legal and regulatory reforms became a central element in DMCs' responses to the Asian financial crisis and in the Bank’s assistance to those countries affected.
	www.adb.org /Law (304 words)

	Document: Complaint, US Telephone Association v. FBI, 8/19/98.
		The statute was intended to balance several goals, including preserving law enforcement’s ability to conduct lawful electronic surveillance in the context of rapidly evolving technologies, protecting the privacy of communications that are not authorized to be intercepted, and not impeding the introduction of new services or technologies.
		The notice of capacity appears to indicate that carriers must have the capacity required for a county available in every switch in the county, which would vastly inflate the amount of capacity carriers have to dedicate to law enforcement.
		CALEA requires that carriers meet the "actual" capacity levels specified by the government within three years of the final capacity notice and be able to meet "expeditiously" the specified maximum capacity requirements.
	www.techlawjournal.com /courts/ctiavfbi/80819com.htm (5006 words)

	International Bar Association (Site not responding. Last check: 2007-08-20)
		As well as this, office premises and procedures have been established, the Law Society is now running CLE courses, contributing to the debate on the constitution and the rule of law, and organised a highly successful conference held at the end of August 2004.
		The Law Society has also held a strategic planning workshop to focus its activities for the next two years, and is producing a newsletter, created with the Legal Specialist to help focus the work of the Law Society, and establishing legal aid.
		A mission was sent to Zimbabwe in March 2001 in light of growing international concern at the apparent erosion of the rule of law in Zimbabwe evidenced by reports of lawlessness in the country and the intimidation of the judiciary.
	www.ibanet.org /humanrights/Capacity_Building_Technical_Assistance.cfm (2342 words)

	Military law Article, Militarylaw Information (Site not responding. Last check: 2007-08-20)
		Military law is a distinct legal system which members of armed forces are subject.
		Declaration of Martial or Military law is sometimes used by dictatorships, especially military dictatorships, to enforce their rule.
		Military law in the United States is controlled by the Uniform Code of Military Justice (Title 10 United States Code, Chapter 47) and implemented by the Manual for Courts-Martial, an Executive Order issued by the President of the United States in his capacity as Commander in Chief of the US military.
	www.anoca.org /martial/united/military_law.html (236 words)

	SSRN-A Blueprint for Testamentary Capacity Reform by Pamela Champine
		This article presents a proposal to reform testamentary capacity law in order to facilitate the right of individuals to will property as they choose while protecting family members from the possibility of disinheritance due to the testator's defective understanding of a will or its consequences.
		Approaching the problem from a perspective that integrates considerations of testamentary capacity policy, doctrine and procedure, the article argues that testamentary capacity case law reflects a bifurcated standard that probate procedure ought to facilitate by allowing testators alternative means of satisfying the testamentary capacity standard.
		The centerpiece of the proposal is the introduction of an option to validate a testator's capacity during her lifetime through use of a forensic assessment instrument that measures the cognitive elements of testamentary capacity.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=696081 (297 words)

	SSRN-The Mismatch Between State Power and State Capacity in Transnational Law Enforcement by Mariano-Florentino Cuellar
		Capacity, meanwhile, describes the nation-state's ability to detect the most serious offenders and to effectively focus its extraordinary legal powers specifically on them.
		This article uses the global attack on criminal finance to highlight some of the agency problems created by the separation between power and capacity in transnational law enforcement, where the public (acting as "principal") may have trouble evaluating the work of government officials (the "agent").
		As with other challenges in transnational law enforcement, the global attack on criminal finance evinces a trend toward growth in state legal power - a trend as clear as the extent of capacity is opaque.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=474662 (629 words)

	Let Judges Be Judges! -- Post-Koon Downward Departures: Part 1 -- Diminished Capacity - Law Firm The Law Offices of ...
		We believe that a defendant's ability to control his or her own conduct is a relevant consideration when determining the defendant's eligibility for a downward departure pursuant to § 5K2.13.
		Thus a defendant's reduced mental capacity prevents the individual from appreciating the wrongfulness of certain conduct, § 5K2.13 then applies so long as the other requirements of that section are satisfied (assuming the defendant is not entitled to a complete affirmative insanity defense pursuant to 18 U.S.C. s 17).
		The court of appeals went on to state that defendants may be eligible for a departure under § 5K2.13 regardless of the severity of their underlying condition.
	www.alanellis.com /CM/Publications/judges-1.asp (1500 words)

	International Plan of Action for the Management of Fishing Capacity
		Excessive fishing capacity is a problem that, among others, contributes substantially to overfishing, the degradation of marine fisheries resources, the decline of food production potential, and significant economic waste.
		Inter alia, States and regional fisheries organizations confronted with an overcapacity problem, where capacity is undermining achievement of long-term sustainability outcomes, should endeavour initially to limit at present level and progressively reduce the fishing capacity applied to affected fisheries.
		When developing their national plans for the management of fishing capacity, States should assess the possible impact of all factors, including subsidies, contributing to overcapacity on the sustainable management of their fisheries, distinguishing between factors, including subsidies, which contribute to overcapacity and unsustainability and those which produce a positive effect or are neutral.
	www.oceanlaw.net /texts/faocapacity.htm (2074 words)

	"Capacity" Defined
		The Constitution requires that the president, senators and representatives should have attained certain ages; and in the case of the senators and representatives, that out these they have no capacity to serve in these offices.
		All laws which regulate the capacity of persons to contract are considered personal laws; such are the laws which relate to minority and majority; to the powers of guardians or parents, or the disabilities of coverture.
		The law of the domicil generally governs in cases of this kind.
	www.lectlaw.com /def/c185.htm (126 words)

	Children's Law Blog: The Capacity of a Mentally Retarded Parent to Consent to Adoption (Site not responding. Last check: 2007-08-20)
		Most states hold that the capacity to consent is determined by analyzing whether the parent is capable of caring for the child, and/or considerations of the best interest of the child.
		In the case of parents who are mentally retarded, an initial hearing must be held to determine the capacity and fitness of the mentally retarded parent.
		An additional issue concerning the mentally retarded parent’s capacity to consent is raised by cases where parents want to rescind their consent after the adoption has occurred.
	www.childlaw.us /archives/2005/01/the_capacity_of.html (1384 words)

	Environmental Law Capacity Building Programme for Sustainable Development
		This initiative provides a framework for environmental law capacity building for sustainable development at all levels, one that serves to forge links between existing institutions and processes, and to facilitate 'good governance' for sustainable development.
		The IUCN Environmental Law Centre, Bonn hosts a range of interns, fellows, students and visitors, hosts one of the world's largest publications collections on environmental law and policy and is the Management Unit for ECOLEX "a gateway to environmental law" (FAO, IUCN, UNEP).
		The most recent examples are the recognition of the University of Witwatersrand, School of Law and a water law 'centre of excellence' and Ecopravo Lviv as a regional 'centre of excellence'.
	webapps01.un.org /dsd/partnerships/public/partnerships/297.html (1817 words)

	Assessment of Earning Capacity, Second Edition
		Earning capacity is quite often underappreciated and not fully understood.
		From there you will be taken through several comprehensive case studies examining common situations that may require vocational assessment, such as personal injury cases, family law, employment law, and an all new chapter on long term disability insurance.
		Assessing a person's earning capacity is one of the most complicated issues in litigation.
	www.lawyersandjudges.com /productdetails.cfm?PC=1047 (376 words)

	CIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA (Pre 1998)
		The stipulations of this Law as regards citizens shall apply to foreigners and stateless persons within the People's Republic of China, except as otherwise stipulated by law.
		He shall have full capacity for civil conduct, may independently engage in civil activities and shall be called a person with full capacity for civil conduct.
		A minor under the age of 10 shall be a person having no capacity for civil conduct and shall be represented in civil activities by his agent ad litem.
	www.novexcn.com /civil_law_1994.html (758 words)

	Environmental Law Programme
		Its purpose is to build capacity worldwide by providing the most comprehensive possible global source of information on environmental law.
		Environmental law has, over the past thirty years, become a recognized legal discipline, and a major tool for the achievement of environment and natural resources management, in the context of sustainable development.
		It continues to be one of the main assets of the capacity building activities of the IUCN Environmental Law Programme, as well as a constant source of expertise for the work of the Programme in the fields of law development, technical assistance, and expertise building.
	www.iucn.org /themes/law/info03.html (1027 words)

	Comparing 42 USC 1983 and Tort Claims Acts
		Can sue state officials in their personal capacity, but cannot sue them in their official capacity.
		Official capacity claims (non-state employers): not done pursuant to a state policy.
		Official policy is a defense to a tort claims act case, unless it violates some other law.
	biotech.law.lsu.edu /cases/immunity/FTC_v_1983.htm (290 words)

	oxford law - undergraduate study (Site not responding. Last check: 2007-08-20)
		Existing achievement (as revealed in official examinations, predicted examination results, and school reports), as well as performance in the written test and interview, is relied upon mainly as evidence of future potential.
		In the case of applicants for admission to the Law with Law Studies in Europe programme, competence in the European language applicable to the year of study abroad is also a criterion of admission.
		Existing knowledge of the law is not a criterion of admission.
	denning.law.ox.ac.uk /undergraduate/criteria.shtml (260 words)

	JURIST - Hotline: The judicial capacity to try Saddam
		Their capacity to understand the intricacies of concepts like war crimes, crimes against humanity and genocide were always in question - despite rigorous training by well-qualified experts in the field like Michael Scharf (Case Western) and assistance from international legal experts.
		Now their capacity to control cagey defendants and move the trial along smoothly is equally in question.
		Chief judge Amin resigned this month in direct response to criticism both from the public, press and Iraqi government over the chaotic situation in the courtroom and his inability to bring it under control.
	jurist.law.pitt.edu /hotline/2006/01/judicial-capacity-to-try-saddam.php (448 words)

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