When should the State become involved in family life?
It is generally accepted that the state should not intervene in family life, unless intervention is necessary to “correct inequality” and to “prevent abuse”.1 An absolute non-protection stance on the part of the state will be far more “harmful” than “helpful”.2 Developments in family relations during the 20th century indicated that state intervention in family life was increasingly necessary for resolving a familial crisis: child neglect and abuse.3 Highly publicized incidents of child abuse which resulted in the death of children have renewed and intensified public demands for a more aggressive form of state intervention
This essay critically analyzes the notion of corporate social responsibility giving particular attention to minimum legal expectations. The issue of corporate social responsibility has emerged and developed in the past few decades. Earlier on, most individuals pointed out that the sole responsibility of various business organizations is to maximize the financial returns for their stakeholders and nothing else
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According to the research findings it can therefore be said that though international human rights law contains many rights for the benefit of mankind but it also has its share of weaknesses and fails to be considered a foolproof law which could be exercised for the optimum benefit of the mankind without any difficulties.
The treatment programs listed in this paper do not posit about long-term effects of their programs, only short term ones of up to two years after the program has ceased. Incorporating psychiatric screening for every driving under the influence (DUI) offender might be the most effective program in the long run.
This paper argues that whilst there have been some measures put in place as a result of the assumption of non-executive directors, there still are a plethora of issues and problems that need to be addressed and resolved, including the degree to which directors can be held liable for wrongdoing and the existence of mechanisms to ensure redress for corporate malfeasance and misfeasance.
The thesis statement this paper would be holding is “No exhaustive list has been compiled and perhaps no exhaustive list can be compiled of the considerations which are relevant in determining the question of employment status, nor can strict rules be laid down as to the relative weight, which the various considerations should carry in particular cases.”
The researcher compares employment procedures of the USA and UK. The important difference between the USA and the UK employment procedures are that in the UK an employer cannot fire an employee at will. They believe that the relationship between the employer and the employee is always contractual in nature whether written contract between the employer and the employee exists or not.
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White collar and corporate crimes. The continuous increase of criminal activity in all aspects of social and economic life has become a key problem for legislators worldwide. Current paper focuses on white collar and corporate crimes, as related to a wide range of professions, organizations and businesses.
As the paper declares s 175 has to be interpreted in conjunction with the s 182 CA 2006. It is the latter section that deals with the scenario where a director has an interest in a present business arrangement or transaction. If A Ltd wants to enter into business dealing with B Ltd and X is a director in both the companies.
One of the major torts is negligence. For an unfair act to become a tort, it is very important that it must cause damage. In UK, it is very important for the party that has suffered a loss to know that it has to prove that the damage caused was a direct result of the action of the defendant i.e. there must be a proximate cause.
Control over a Third Party.
The establishment of negligence claims relies heavily on the specific relationships between parties. Negligence claims against a third party, under omissions and acts, can only be imposed when all the elements of negligence claims have been proved.
Though there was no dispute with the exact time at which the intoximeter was being used, the computer time mentioned in the printout of the Intoximeter reading demonstrated that there was an error of about 1 hour 13 minutes. The Divisional Court took into consideration this error and provided a decision against the DPP.
Therefore, it is advisable that any organization should have legal and ethical policies that guide the management and employees towards complying with legal and ethical requirements (Key, 1998). One of the main ethical issues that relate to work environment is sexual harassment.
In all the fifty states of United States there are Rape Shield laws enacted to protect the interest of the so called complainants. Evidence as to previous sexual conduct provided by the defendant in a criminal suit relating to the prosecution of an accused in rape cases and sexual assault cases are inadmissible.
The bond linking religion and democracy in this dissertation is the government, exclusively the American government. It will be sensible to ascertain the effect caused by the merger of the American government and religion. The thesis of this paper, which will seek to guide the inclusion of viable content in the paper will be, the influence and power of religion make vulnerable the establishment clause plus the free exercise clause of the American constitution.
The author states that currently as a general rule, environmental compliance costs are recoverable in rates because these costs are not costs that an energy utility can chose to incur; they must incur them. In ratemaking, a PUC may deem that a measure taken by a utility was not the most economical or efficient way to reach compliance.
A harmless protest in February 2011 turned into an uprising that led to a conflict. International community intervened, and after months of bombardments by the North Atlantic Treaty Organization (NATO), as well as ground conflict between the opposition forces and the Gaddafi forces, the Gaddafi government was overthrown.
The paper shall choose to discuss three crucial components of the GATT/WTO that impact upon developing countries: the tariff and subsidies issues surrounding the trade in agricultural products, the protection of trade-related intellectual property rights, and the application of the dispute settlement mechanism.
From the research it can be comprehended that companies are still in the habit of offering bribes to officials of other states in order to get their products into those states faster. Also bribes offered to political heavyweights for smoother navigation of the product within the political climate of the state.
From this research it is clear that even though Dodd’s argument received government favor in 1930s, all along, Berle’s argument has been in mind of people. The company act 2006 has borrowed a lot from Berle and Dodd debate in 1930s. It has attempted to link their argument and proposed neither a non-pure popularity theory nor a shareholders supremacy theory.
The right to roam which is a statutory right in England and implies that no individual may make an absolute claim to private ownership of mountainous terrain or parts of the country. The right to roam and various statutes provides for public access to private property irrespective of the property owner’s claim to his or her property under traditional theories of private ownership.
According to the research democratic deficit of the European Union is engaging and multi-faceted and confusing sometimes. The existing debates on this particular issue have resulted to contributions by various authors and their thoughts are quite provocative. For instance, some conceive the European Union democratic deficit to be a problem that is false, not a dilemma or even a contradiction.
Petsmart, Inc is the largest retail business that offers complete pet grooming, pet adoption, and pet training. The company is the leading provider of pet and training information. The retail chain operates in Canada, Puerto Rico, and the United States. The company’s products range from dog, cat, horse, bird, fish to small animal products.
This research provides background on climate change and the benefits and drawback of Cap and Trade with respect to California. Moreover, it also discusses the importance of Cap and Trade implementation and factors which led California to employ this particular regulation program. On the other hand, the paper explores the impact of Cap and Trade on the utility rate formula.
In the modern business environment, the use of World Wide Web and internet is ubiquitous. The business environment is very competitive and companies are forced to adapt to latest technologies, as well as emerging business trends in order to survive and improve their profitability.
A decade into the new millennium and more and more women are looking for employment in Saudi Arabia. We are living in a modern time; there are economic pressures and extreme competitiveness for both sexes in the workplace.
The present research has identified that the criminal justice system is designed to enforce the law and maintain public order to preserve the peace at all times. The whole intent and objective of punishing a person found to have committed a crime is not only justice and to exact retribution but to protect society from further harm being perpetrated by lawless elements.
According to the research while drafting the contract, more significance has to be given to the areas like the notice clauses, the choice of law clauses, the force majeure clauses, the delegation and the assignment provision. It is advised to use LOGIC standard contract form as it is having drafting efficiency and to costs fewer pounds and takes less time to input the standard clauses into the contract.
"...one thing is clear, and that is that liability in negligence for harm caused by the deliberate wrongdoing of others cannot be founded simply on foreseeability that the (claimant) will suffer loss or damage by reason of such wrongdoing. There is no such general principle. We have therefore to identify the circumstances in which liability may be imposed." Lord Goff in Smith v Littlewoods  1 All ER 710at 731.
Advocacy-LLM Criminal litigation. What in your opinion are the most important qualities of the effective criminal advocates? Criminal Advocates and the Necessity for Accreditation Program in UK In UK, more than 3600 legal professional are enrolled with the Criminal Bar Association (CBA) who either directly employed or under self-employment.
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According to the study the effectiveness of mandatory sentencing can only be as harsh as society and lawgivers want them to be. In general, States have opted to move towards more effective and less restrictive strategies intended to maintain or lower the population of prison inmates, give them treatment, counseling or other means of combating crime and so reduce the possibility of their returning to jail.
According to the study international rights laws and relations provisions are not serving the general interests of justice. There are major gaps in the implementation of the laws, especially in terms of interpretation and application of these rights. There are vague provisions and elements of the international laws which often leave states doubtful in their implementation and interpretation of provisions.
Furthermore, the company was founded in order to construct residential properties only. While the company was being formed, it was also decided that any transactions of the company’s business that exceeded one million pounds would require the consent of the entire board of directors.
“Malaysia, a middle-income country, has transformed itself since the 1970s, from a producer of raw materials into an emerging multi-sector economy. Under Prime Minister NAJIB, Malaysia is attempting to achieve high-income status by 2020, and to move farther up the value-added production chain by attracting investments in Islamic finance, high technology industries, biotechnology, and services”1 In the year 2007, Malaysia’s economy was the 3rd main financial system in South East Asia, and the 28th biggest economy in the world, by purchasing power parity among gross domestic products for the year 2008.
The dissertation succinctly expounds on the key aspects of the entire study about the ethics in organ procurement to be taken into consideration for the purpose of preparation of the actual study in the subsequent chapters. This paper mainly describes the main topic for the reader to comprehend and understand since the next chapters will get into deeper details of the study about the ethics in organ procurement.
Insurance companies have made strong lobbying for fixing cap on the award of punitive damages under tort laws. As of 2005, 45 out of 50 states in the USA pursued cap on punitive damages or more realistic evidence to prove it. Under Arizona state constitution articles XVIII, § 6 , the privilege to initiate action to recover damages for harm shall never be abolished, and the quantum recovered shall not be subject to legal cap.
Moreover, he contends that firms tend to interact with each other in a planned fashion such that they tend to act as independent entities that are devoid of each other’s existence. However, if this were the case then theoretically all activities carried out by firms would never result in disputes since they would be well planned and thus well executed.
The decision to gamble a given sum of money gets based on three factors, namely the amount the individuals have agreed on betting, the predictability, of the sport or event they are betting on, and conditions the gamblers have agreed upon among themselves (Finley, 2008).
Then it views the PRC law system before 1978 and after 1978 by citing relevant examples and statistics. Further, the paper delves into how China’s previous contract laws had many contradictions and failed to meet the needs of China’s developing market economy.
The integrity of a witness, therefore, should only be questioned when there are connections, familiarity, or resentment, existing between him/her and the accused.1 Evidence from only one witness is not adequate because while the defendant refutes what the witness corroborates, truth stays undecided.
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Domestic terrorism is defined as “the unlawful use of force or violence, committed by a group(s) of two or more individuals, against persons to intimidate or coerce a government, the civilian population, or any segment thereof. There can be numerous objectives of domestic terrorism and most of them have been known to be of political nature.
The scarcity of resources in the world has taken an urgent turn in light of the explosive combination of an expanding global population, climate change wreaking its disastrous effects and unsustainable consumption patterns.
Research findings indicate that historically, states have taken a command and control approach to regulating business firms’ environmentally significant behaviour. Research findings also indicate that this approach has been highly complex and fragmented with the result that firms either find it difficult to comply or do not have the requisite incentive to fully understand or follow institutional and state standards of behaviour.
The research centers on the responsibility of the debtors in a Chapter 11 bankruptcy and reorgnisation process. The research deals with the required acts of the creditors in a Chapter 11 Bankruptcy and reorgnisation proceeding. The main purpose of the essay is to show convincing evidence that the Chapter 11 Bankruptcy and reorgnisation law can successfully breath new revenue-enhancing life to once unprofitable companies.
According to the report the management process involved in law enforcement includes various skills, knowledge, and attitudes which seek to ensure that the officers are functioning adequately at all times. The leadership and management process is one which must involve appropriate and adequate tools.
The World Trade Organization’s (WTO) Anti-Dumping Agreement permits member states to take unilateral measures to in circumstances where goods and products imported are damaging to the domestic industry’s like products and goods (Cook, Alston & Raia, 2004).
This will be done by examining recent developments in the field of immigration and movement of people from one country to another. Definition of Immigration and Asylum Immigration is the movement of people from their country to another country permanently.
The relevant classical statement suggests that all adults “of sound mind” have the right to decide “what shall be done with” their bodies and any doctor who “performs an operation without his patient’s consent commits an assault”.3 In general, the principle of autonomy under UK law holds that when a patient refuses to submit to a recommended course of treatment, the attending physician is required to respect the patient’s decision unless it can be proven that the patient lacks legal competency.4 Thus the underlying right to autonomy depends on legal competency.
For example, legal instruments such as common legal principles are being developed by UNIDROIT1 in the form of CISG2. On the global scale these common legal instruments are more or less concerned with commercial transactions. In a similar manner, the move on mainland Europe to create a common legal framework is designed to facilitate commercial transactions in order to enhance commerce.
The parties tend to find solutions that fulfil their interest. While doing that, they come up with concessions that are consistent with their varied concerns and needs (Cronin-Harris 1). For those taking part in the negotiation process should recognize that interests and needs frequently differ.