The Role of Blue Sky Laws After NSMIA and the JOBS Act

State securities laws—in particular, state laws requiring that securities offered by issuers be registered with the states—have been an impediment to the efficient movement of capital to its highest and best use. The pernicious effects of these laws—generally referred to as “blue sky laws”—have been felt most acutely by small businesses, a vital component of our national economy. It has been difficult to remedy this problem. States and state regulators have been tenacious in protecting their registration authority from federal preemption. The Securities and Exchange Commission, on the other hand, has been reluctant to advocate for preemption and unwilling to exercise its delegated power to expand preemption by regulation. In recent years some progress has been made toward a more efficient regulation of capital formation, principally as a result of some congressional preemption of state registration authority. Nonetheless, state registration provisions continue to impede significantly businesses’—especially small businesses’—efficient access to external capital. Further gains in efficient regulation of capital formation can be achieved but require actions both by states and the federal government. States must allocate more resources and effort toward vigorous enforcement of their antifraud provisions. At the federal level, Congress must preempt completely state registration authority. This duty of preemption falls to Congress, because the Commission has shown a sustained unwillingness to exercise its broad, delegated power to preempt state registration authority

Intrinsically Legal-For-Trade Objects by Digital Signatures

The established techniques for legal-for-trade registration of weight values meet the legal requirements, but in praxis they show serious disadvantages. We report on the first implementation of intrinsically legal-for-trade objects, namely weight values signed by the scale, that is accepted by the approval authority. The strict requirements from both the approval- and the verification-authority as well as the limitations due to the hardware of the scale were a special challenge. The presented solution fulfills all legal requirements and eliminates the existing practical disadvantages.Comment: 4 pages, 0 figure

Review of medicine registration system in Tanzania

>Magister Scientiae - MScRegistration of medicines is an essential function of the national medicine regulatory system of any country. Since the start of the medicine registration system in Tanzania in early 2000s, no systematic review has been carried out to document the status of the system and its impact on availability and access to quality assured medicines to the people of Tanzania. Objectives The study was aimed at reviewing the medicine registration system in Tanzania as implemented by the Tanzania Food and Drugs Authority in order to come up with status of the medicine registration system implemented in Tanzania, and evaluate how the system contributes to the availability and access of essential medicines, particularly those needed to support the essential medicines lists and standard treatment guidelines

Dualism of Authority on Divorce Registration

The religion court is one of judiciary power to carry out of judicial process to establish justice. In the legal reforms era that uphold the principles of the rule of law according to the Constitution of the Republic Indonesia 1945, there was still issue of the authority of the religion court in conducting the divorce registration with the authority issued divorce certificates based on Article 84 (4) Law No. 7 of 1989 on Religion Court which was revised  by Law No. 3 of 2006 and Law No. 50 of 2009. On the other hand, Law No. 23 of 2006 on Population Administrative which was revised by Law No. 24 of 2013 envisaged that the authority to conduct the divorce registration with the authority issued divorce certificates is included within population administrative. It is the authority of the government (executive). This way, it is submitted that Law No.7 of 1989 on Religion Court which was revised  by Law No. 3 of 2006 and Law No. 50 of 2009 is unconformity with Law No. 23 of 2006 that emerges the uncertainty law happens. This reasearch uses statute, comparative, and historical approach, and finds that the religion court as judiciary power doesn’t have authority to conduct the divorce registration, but it belongs to the government (executive function or administrative function). Keywords: dualism, authority, and divorce registration

TINJAUAN YURIDIS TERHADAP KEDUDUKAN HUKUM DAN PERLINDUNGAN HAK ATAS MEREK TERDAFTAR YANG MEMILIKI PERSAMAAN PADA POKOKNYA

Registration of a trademark must be based on good faith. If the registration of a trademark is not based on good faith, it will give rise to trademark disputes. Most trademark disputes arise because there are elements of similarity in essence. This research aims to find out the legal position and protection of rights for registered marks which have similarities in essence. The method used in this writing is normative juridical with techniques for collecting library study materials. The conclusion and suggestion from this writing is that the legal position of registered trademarks that have similarities is basically valid, then trademark law in Indonesia adheres to the First to File principle system, which means whoever first registers or obtains a trademark certificate, is the one who has the right to the trademark. It is hoped that business actors can instil a greater sense of honesty in themselves in running their businesses and it is hoped that the Directorate General of Intellectual Property, which has the authority to check trademark registration applications, will be more thorough in carrying out its duties

The South African Medicines Control Council: Comparison of Its Registration Process With Australia, Canada, Singapore, and Switzerland

© 2019 Keyter, Salek, Banoo and Walker.Introduction: Comparisons between regulatory authorities of similar size and regulatory characteristics facilitate value-added benchmarking and provide insight into regulatory performance. Such comparisons highlight areas for improvement as authorities move toward achieving their regulatory goals and stakeholders’ demands. The aims of this study were to compare the registration process and the regulatory review model of the South African Medicines Control Council (MCC) to that of four other similar-sized regulatory authorities and to identify areas for improvement that may inform recommendations to the South African Health Products Regulatory Authority (SAHPRA) as it looks to re-engineer and enhance the registration process in South Africa. Methods: A questionnaire describing the organisational structure, the registration process, good review and decision-making practices of the MCC was completed by the author (AK) for the purpose of this study and validated by the Registrar of the MCC. Similar questionnaires were also completed and validated by Australia’s Therapeutic Goods Administration (TGA), Canada’s Health Canada, Singapore’s Health Science Authority (HSA) and Switzerland’s Swissmedic. Results: A comparison of the MCC regulatory process with the four comparative agencies indicated that they all have similar requirements and employ a full-review model although the timelines for the MCC were considerably longer. However, similar quality measures were implemented by all authorities as part of their good review practices (GRevP) including prioritising transparency, communication, continuous improvement initiatives and training. Conclusion: Comparisons made through this study provided insight into the areas of the MCC registration process that may be improved and have informed recommendations to SAHPRA including the implementation of facilitated regulatory pathways, definition of targets for key milestones in regulatory review and formal implementation and monitoring of GRevP. In order to build quality into the review process the application of a standardised template for the clinical assessment of medicines such as the Universal Methodology for Benefit-Risk Assessment (UMBRA) could be considered as well as enhancing transparency and communication through the application of an electronic management system and the development of publicly available summaries for the basis of approval.Peer reviewedFinal Published versio

Japan's Civil Registration Systems Before and After the Meiji Restoration

This essay traces the evolution of Japan's systems of household and land registration from Tokugawa times to the period of early Meiji reforms in the 1870s and 80s. The paper pays due attention to the distinction between an early modern system designed by state authority and local forms of　registration practice. Thus, in the section on the Tokugawa period, one such local practice of having people 'disowned' and its consequence,　registerlessness, will be examined. The section on the Meiji reforms turns to the issue of continuity and discontinuity, while the next section discusses if any progress in terms of civil identity registration was made by these Meiji reforms. In order to illustrate the actual changes that took place at the local level, the essay begins with an eighteenth-century story about a peasant woman and her disputes with the village officialdom and ends with a case of family dispute that another village woman brought before court some 120 years later.

ANALISIS YURIDIS TERHADAP SURAT KETERANGAN JUAL BELI TANAH YANG DIKETAHUI OLEH KEUCHIK GAMPONG SEBAGAI ALAS HAK DALAM PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL) PADA KANTOR PERTANAHAN KABUPATEN ACEH TIMUR.

Land registration is regulated in Government Regulation Number 24 of 1997 concerning Land Registration. The authority of a keuchik in witnesses to land that is not yet certified is indeed guaranteed by the Law, but the Law which starts from the national to the regional level does not discuss in detail the authority of a keuchik. The land registration system in Indonesia uses the Torrens system. where the evidence produced is in the form of a Land Book and Certificates. The certificate as the final result of the process of registering land rights is only a strong evidence according to the provisions of the BAL, Government Regulation Number 10 of 1961 and Government Regulation Number 24 of 1997. The authority of the Keuchik in making a Purchase Certificate of land that has not been registered to obtain a certificate at the Office Land where the land is located. The status of the sale and purchase certificate of land known to the keuchik as the basis for the rights in complete systematic land registration at the National Land Office of East Aceh Regency is not clearly regulated but if it is reviewed from Government Regulation Number 24 of 1997 concerning Land Registration is regulated in Article 7, Article 8 and Article 39 The aim is to facilitate the administration of the management of buying and selling land in Kantar Land