The article is devoted to discussing the phenomenon of secondary victimization of rape crimes victims in terms of psychological, forensic criminology and – above all – law-court execution. The author points to the causes and conditions of occurrence of secondary victimization, shows hazards of this phenomenon, which can also be an outcome of application of the substantive criminal law and process in Poland. The paper also presents the recent amendments to the national legislation pertaining to this subject and identifies the most important international regulations in terms of protection against secondary victimization. The author stresses the need of making further efforts to eliminate the phenomenon of secondary victimization of rape victims, particularly as a result of the operation of the criminal proceedings.
The aim of this study is to present regulations concerning euthanasia determined in Article 150 of the Polish Criminal Code. In the following analysis I examine statutory features of the aforementioned offence, in particular its attendant circumstances related to the issue of the legally valid request and sympathy of the perpetrator. The paper discusses the value of the evidence from court expert opinions (psychiatrist and psychologist) in view of the euthanasia perpetrator’s mental condition. The article also briefly describes the issue of legal protection of Article 150 of the Polish Criminal Code, types of euthanasia (active and passive), as well as the issue of doctors’ criminal liability. The legal dogmatic method has been applied in the study. The paper is based mainly on the analysis of relevant legislation currently in force, judicial decisions and the opinions of the sciences of criminal law representatives. The empirical study conducted as a case study is based on case no. 5 Ds. 23/12 PR w L. r. I also briefly present analysis results of the interview with Igor Tuleya (Judge of the District Court in Warsaw) conducted on 28th October 2016. The study has been carried out based on the legal status as of 1st October 2016.
The purpose of this article is to present the views of the polish doctrine and judicature regarding publicity right. This publication focuses particularly on the image of a sportsperson. The author presents the general concept of this right as existing in American doctrine. The article is concentrated on the notion of commercialization of the discussed right, which results in becoming similar to the right of publicity created in the USA. The analysis gives the ground to assuming that the undergoing social and economic processes lead to situation where the need of creating law based on the structure of the right of publicity is significant.
Intellectual protection in fashion industry issues constitutes an important and difficult aspect of fashion law – the innovative law specialization which is an amalgam of different branches of law. The objective of the article is to analyze the registrability of color per se trademark in fashion sector. The incentive that dedicate the paper to these matters was the proceeding in a case Christian Louboutin v. Yves Saint Laurent based on US law and concerning the infringement of the red sole trademark. For this reason the article focuses on US law and presents regulations contained in federal legislation, Lanham Act in particular, as well as USPTO practice in such cases and appropriate judicature. The analysis covers trademark as a legal concept, judicature’s standpoint towards the nature of both color per se trademark and colors trademark in fashion sector, last but not least – legal problems that arose in Louboutin v. YSL case. The article is summarized by a synthesis of the courts’ opinions and brief conclusions concerning trademark protection of color per se in the fashion industry.
Increased access to technology and widely perceived organizational problems stimulate city governors to turn smart. Efficient smart cities is the growing trend among entities from the whole world struggling with various problems which have to be transformed into reachable challenges. Use of urban analytics or cloud computing solutions aims at creating intelligent communities and sustainability improvement. Smart city, as a complex phenomenon, has already evolved to a wide variety of dimensions, which are incorrectly named, while particular terms usually intend to indicate a philosophy standing behind. Sensing or intelligent cities are no synonyms, but representatives of various ideology and the list of examples is much longer. Ideology treated as a long-term strategy for the city requires particular inputs and outputs, which are unique for each choice. There is a lack of a complex typology or literature review in accordance to smart cities terminology and this document tends to consolidate most valuable knowledge from this field. Moreover, typology itself is discussed only in a few articles very narrowly and mostly with a lack of comment or author’s interpretation. Evolutionary nature of the phenomenon may cause some misinterpretations and inconsistency issues over the articles. This document represents a holistic approach towards the smart city issue with a focus on typological aspects. Standardization tends to widen terminology simultaneously eliminating synonymization, which is common in the literature. Proposed typology may be used by researchers to focus on smart cities dimensions in order to fill the research gap and introduce descriptive papers on particular forms. Systematized typology may also influence city governors’ awareness and improve decision-making complexity.
This study intended to develop an understanding about Smart Cities by investigating into the literature on the system thinking theory and on Smart Cities. We will thus use insights from the system thinking theory in an empirical research incorporating observations and interviews of researchers and practitioners, constructing two cases studies to respond to our research question: How can system theory be applied to analysis and comparison of the recent phenomena Smart Cities? This study was based on empirical study analysis including interviews and field observations conducted in international cities such as Fujisawa and Vienna. Those cities were treated as cases and a comparative case study analysis was conducted accordingly. The stress was put on their core goals and organizations. Smart Cities can be considered as systems under the system thinking theory. Vienna and Fujisawa SST are among them as they fit the systems’ characteristics. While comparing the two Smart Cities, one can notice few similarities and significant differences concerning their location, their main approaches, their methods of management and their financial structure. The concept can be applied to analyze many Smart Cities worldwide relevant in terms of size and conditions. City Halls or Companies involved in that field may be able to utilize some recommendations while building their Smart City initiative. The topic of Smart City is contemporary. As any new subject, it remains to the responsibility of academic researchers to build proper and detailed academic researches to develop theories and models to apply in businesses and organizations. The matter is also crucial to face climate change while keeping high human standard quality of life.
The following paper is a comparative analysis of high speed rail in Poland and in Japan.
Ulrich’s product architecture was used for this purpose along with its extension created
by Takahiro Fujimoto. Based on the secondary data analyses, significant differences in
high speed rail systems in Poland and Japan were found. The aim of this paper was finding
the reasons behind the abovementioned differences. The answer to that question was
found with the theory of product architecture and Product Architecture Matrix, used in
the context of complex services. After analyzing theory and examples of Poland and Japan,
it was concluded that in case of high speed rail, integral product architecture outperforms
modular product architecture.
In the process of recruitment, gender is one of the major categorization – which cannot be omitted or escaped (Eagly and Carli, 2006). Studies show (see Eagly, Carli, Schein, Heilman) that women tend to be evaluated less favorably in comparison to men when being recruited. Even in experiments where both candidates own exact skills and knowledge (see Moss-Racusin et al., 2012; Flynn and Anderson, 2002), still there are existent discrepancies between evaluation of male and female candidates. Within the following research, author wanted to investigate whether the experience of recruiter has a significant impact on assessment of a candidate with regard to candidate’s gender. In order to answer the research question, author has conducted a controlled experiment on sample of 100 participants, with equal representation of experienced (MBA students) and unexperienced recruiters (MSc students). Results indicate that still gender bias within the organization may influence the outcome of the recruitment process resulting in less favorable evaluation of female candidates, additionally, it suggests that more experienced recruiters, are less likely to be biased in this regard.
This paper attempts to construct a short epistemology of economic models by using as a benchmark a comparison between the methodological issues of contemporary physics and of economics. In particular, the paper focuses on the role of indeterminacy in either sciences. Herein the general claim is that the models of economics fail at dealing with uncertainty as effectively as the models of natural sciences because economists did not manage to overcome the identification problem that is peculiar to economics. In this respect, the paper shows that the models of economics assume an untenable determinism that derives from the notion of rationality of agents. The paper is divided in three sections: the first section deals with the issues related to assumptions in the models of physics and economics; the second section deals with the problem of uncertainty in quantum mechanics and in economics; the third section deals with the problem of causality in both sciences. Eventually, the paper concludes that several methodological problems affect the efficiency of economic models. Most importantly, the paper finds that economic models abstract too much from the reality and, thus, do not provide deep investigations of agents’ discrete choices. This is shown to affect the consistency of models and their explanatory power.
In dubio pro tributario, as an unwritten rule of tax law, has existed for many years. On the 1st January 2016 the rule was explicitly included in The Tax Ordinance Act. Tax authorities treat the newly introduced in Artilce 2a The Tax Ordinance Act rule with caution. In dubio pro tributario is most often used by administrative courts when, after applying all the stages of interpretation, the provision remains questionable.