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Professional Misconduct as Grounds for Dismissal

Professional Misconduct as Grounds for Dismissal I. Introduction Professional misconduct occupies a central position in employment law as one of the most frequently invoked and legally contentious grounds for dismissal. While employers possess a legitimate interest in safeguarding organizational integrity, productivity, and public trust, employees enjoy legally protected rights against arbitrary, disproportionate, or procedurally flawed termination. The tension between these interests becomes particularly acute when dismissal is justified on the basis of alleged misconduct. In Read more

By Tsvety, ago

Cognitive Impairment in Law: Concept, Legal Relevance, and Doctrinal Implications

Cognitive Impairment in Law: Concept, Legal Relevance, and Doctrinal Implications I. Introduction Cognitive impairment occupies a critical and increasingly visible position within modern legal systems. As societies age, medical diagnostics improve, and awareness of mental and neurological conditions expands, courts and legislatures are confronted with complex questions concerning autonomy, responsibility, and protection. Law, by its very nature, presumes rational agency: the capacity to understand, decide, and act in accordance with norms. Cognitive impairment directly challenges Read more

By Tsvety, ago

Types of Legal Persons

Types of Legal Persons I. Introduction: The Concept of Legal Personality Legal personality constitutes one of the foundational concepts of jurisprudence. It denotes the capacity of an entity to hold rights, assume obligations, and participate autonomously in legal relations. While natural persons acquire legal personality by virtue of birth, the law has long recognized that social, economic, and institutional realities require the attribution of personality to entities other than human beings. This juridical construction enables Read more

By Tsvety, ago

The Hierarchy of Legal Norms: Structure, Rationale, and Implications for Legal Order

The Hierarchy of Legal Norms: Structure, Rationale, and Implications for Legal Order I. Introduction Every coherent legal system rests upon an internal architecture that organizes its norms according to authority, force, and function. This architecture—commonly known as the hierarchy of legal norms—determines not only which rules prevail in cases of conflict but also how legal institutions produce, interpret, and apply law. Far from being a purely theoretical construct, the hierarchy of norms safeguards legal certainty, Read more

By Tsvety, ago

Supranational Legal Orders: Concept, Structure, and Legal Significance

Supranational Legal Orders: Concept, Structure, and Legal Significance Supranational legal orders represent one of the most profound developments in contemporary public law. They constitute legal systems in which states, by their own sovereign decision, confer binding authority upon a higher entity capable of adopting rules directly applicable to individuals, institutions, and states themselves. In contrast to traditional international law—grounded primarily in state consent and voluntary compliance—supranational legal orders introduce an innovative legal architecture where norms Read more

By Tsvety, ago

Cease and Desist Letters: Legal Nature, Functions, and Practical Implications

Cease and Desist Letters: Legal Nature, Functions, and Practical Implications Cease and desist letters occupy a central role in modern legal practice, functioning as pre-litigation instruments designed to halt unlawful or harmful conduct while preserving the rights and interests of the aggrieved party. Although non-judicial in nature, such letters possess significant legal weight due to their preventive character, evidentiary value, and capacity to facilitate dispute resolution without resorting to full litigation. Their importance spans across Read more

By Tsvety, ago

Mandela Rules: The Standard Minimum Rules for the Treatment of Prisoners

Standard Minimum Rules for the Treatment of Prisoners: A Legal Analysis I. Introduction The Standard Minimum Rules for the Treatment of Prisoners—revised in 2015 and now known as the Nelson Mandela Rules—represent the most authoritative United Nations instrument governing the treatment of persons deprived of liberty. While not a treaty, the Rules articulate internationally accepted norms and provide a detailed framework that guides national prison legislation, administrative policies, and judicial interpretation across legal systems. Their Read more

By Tsvety, ago

The Different Generations of Human Rights: A Legal and Conceptual Analysis

The Different Generations of Human Rights: A Legal and Conceptual Analysis The evolution of human rights is neither linear nor uniform; it is a historical and normative process shaped by social struggles, philosophical developments, and legal codifications. The “generations” framework—typically divided into first, second, and third generations—offers a conceptual map that illustrates how human rights expanded from classical civil and political liberties to encompass social, economic, cultural, and collective entitlements. While not without its critics, Read more

By Tsvety, ago

The Jury Deliberation Process: Legal Foundations, Procedures, and Safeguards

The Jury Deliberation Process: Legal Foundations, Procedures, and Safeguards The jury deliberation process stands at the heart of adversarial justice systems, particularly those rooted in common-law traditions such as the United States and the United Kingdom. It represents one of the most distinctive institutional mechanisms for ensuring community participation in criminal (and, in some jurisdictions, civil) adjudication. Beyond its symbolic role, jury deliberation is a tightly regulated legal process governed by constitutional guarantees, statutory provisions, Read more

By Tsvety, ago