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This recent case speculates the tremendous issue that has arisen from the September 11th attacks of racial profiling and limitation of civil rights in order to protect the country. The government may limit certain specific rights when there is a compelling government interest which will be subject to strict scrutiny.
16 pages (4000 words)
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The issue of piracy by the Somali pirates has been a contentious issue especially to the East African communities and also the international community (Walter 75). This has been facilitated by the fact that the Somali pirates have been linked with the Al-Qaida terror group (Ohaegbulam 104).
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The Appellant Yu on behalf of himself and others, appeals the judgment given by the United States District Court Southern District of New York on 31st March 2011 in favor of the Respondent State Street Corporation. On appeal, the Appellant argues that the court erred in denying the Appellant’s claims against the Respondent pursuant to Sections 11 and 12 of the Securities Act of 1933 in that the Appellants had failed to prove loss causation within the meaning of Section 10(b) of the Securities Act 1933.
Ronnie’s acceptance of the offer did not meet the required form of the offer. The offer was for 5,000 pounds in cash. Ronnie’s acceptance was based on the tender of a 5,000 check. Thus John was at liberty to reject the offer. The tendering of a check may well be interpreted as a counteroffer since the offer was for a cash sale.
This study takes a look on the existing tensions, and issues of contravention between free trade and environment protection. There has been a debate on which of the two aspects should come before the other. Majority of the government policies have been placed to protect the environment as free trade has been left to the international organizations.
From the research it is evident that the role of criminological theories and theoretical research on criminals and delinquents in the criminal justice system is not debatable. Conspicuously, theoretical researches have allowed for the development and the entrenchment of plausible explanations to realities of criminal cases in the criminal justice system.
Many people hope that these advances in technology will go a long way in preventing crime and enhancing law enforcement ability to deal with the threat posed by technologically aided crimes, however, the mere constitutionality of these devices is being questioned on a regular basis.
The author claims that events that surrounded and defined September 11th, 2001 totally reshaped American foreign policies, and security measures. By and by, the US government has become cognizant of the fact that strengthening its intelligence against terrorist threats would not in itself suffice.
10 pages (2500 words)
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The establishment clause and the wall of separation have been milestones in the establishment of a secular rule of law that allows individuals to freely exercise their ideological rights. The supreme court indicated that pursuant to its interpretation of the establishment clause that we would have a neutral government.
The Islamic law is the main body of the legal rules of the Muslims, which is in Quran and Sunna. The Islamic finance involves the transactions that follow the set Islamic laws and principles. The Islamic finance is also termed as the sharia finance.
Mergers and acquisitions have prominently figured in the recent past due to the failing global economies. Mergers were viewed as safety measures implemented by business entities of equal capital or assets to strengthen its holdings and enhance its profitability while smaller competitors are taken over or defeated by its competitors through hostile or friendly acquisitions.
‘The World Trade Organisation (WTO) and its predecessor the General Agreement on Tariffs and Trade (GATT) “was mainly established to promote international commerce without any barriers. It has been estimated that both the GATT and WTO have encouraged international trade and it has increased world imports about US3 trillion in 2000 alone or by about 44% It is claimed that WTO has been successful in trimming down the barriers to trade and especially in clothing ,textiles, and agricultural sectors .
10 pages (2500 words)
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Beginning as early as the 1950’s changes began to occur in the prisons of the United States. These changes progressively eroded the inmate code of the past, and new sources of power and control emerged in the state prison system. Traditional Inmate Codes Sykes and Messinger (1960) studied the traditional inmate code in which they identified five main principles.
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The author says that many governments have developed different policies and laws that govern the acceptance and handling of immigrants. Wexler widely studied that the laws vary from one country to another and the judicial involvement in cases pertaining to such topics also varies from one country to another.
Moreover the WTO’s Most Favoured Nation (MFN) doctrine has enabled developing countries to gain access to some sectors in other WTO countries without having to reciprocate. Even so the reduction of tariffs and non-tariff trade barriers in some sectors that are of significant interest to developing countries have been insignificant.
Dispute Resolution and “The Merchant of Venice”.
Shakespearean literature has been long commended by scholars for its incorporation of legal discourse into its plot structures that further paves way for interdisciplinary study of law. Practically all of Shakespearean texts are known to have tangential relation and relevance to legal practice; however, the substance of this prose will focus on the plot structure of “The Merchant of Venice” and assess the dispute resolution tactics that could have been effective in dealing with the conflict.
The author describes that Timothy Evans, an illiterate but an able driver with mental instability made an unprovoked visit to Merthyr Police Station on 30 November 1949 and voluntarily confessed to having disposed of his wife’s body down a drain outside his home at 10 Rillington Place, North London.
The wrongs committed to the innocent people vary from trivial to serious matters. Therefore, the purpose of justice is to find a middle ground with an aim to building consensus on both the less sensitive and more sensitive issues in a fair way (William, 2011).
Sumptuary tax, also known as a sin tax, is a form of taxation that imposes an additional charge on culturally disfavored products such as cigarettes, liquor, gambling, and so on, appeals to voters who view it as a way of discouraging consumption of these objectionable products.1 Yet the temptation to impose taxes is one driven by economic reasons and has proven to be very lucrative and worthwhile.
This research will begin with the definition of penology. The paper describes crime and punishment specially effectiveness of punishments and corporal punishment or death penalty. The paper also presents such sentencing models as determinate, indeterminate and mandatory sentencing, tells about crime prevention and its importance.
Why is the conviction rate for rape so low in the United Kingdom? Rape is an infamously difficult crime to investigate for a number of reasons. Perhaps the main reason is that there is often little or no physical evidence, as there are in other crimes, leading to a situation where the trial is essentially reliant on the word of two separate individuals.
The Jurisprudence of Islamic questions normally concern what they call the next world, which are rules that concern the world of worship. These rules are divided into punishments, domestic relations, and obligations. However, Allah is said to have declared the continuity of the world to the appointed time, which can only be possible by procreation.
China has one of the oldest legal institutions in the world and has created its legal system using a combination of traditional Chinese and Western approaches during the 20th and 21st century. Confucian philosophy has been the base of China’s legal system.
USA vs. Nixon case in fact created a history in terms of discretionary power of the President of the United States of America. The larger bench which comprised of 8 judges of the apex court led by Chief Justice Warren E. Burger unanimously held the then President Nixon responsible for Watergate scam and restricted the unbridled power of the President of America (Kutler 508).
From the research it is clear that the various available ranges of takeover defense strategies and the deal protection measures, and their legal applicability provides the US board of directors of target firms the power to yield control over each takeover deal and aim to derive higher premiums for the firm’s shareholders when compared to their UK counterparts.
Fortunately, it seems that the least we can expect for some minimal disparity on the following reasons: After the elapse of approximately sixty years of constitutional reading so as to defend private belongings, the market economy and the regime, the ultimate court suddenly altered its decision in 1937, neglecting guide and giving the central government a fundamental carte blanche to control the market financial system.
This paper shall now discuss the effectiveness of the instruments used to promote corporate social responsibility (CSR) in the UK and in the international banking sector. Those who have been defending the voluntary approach to CSR have pointed out that banks have to prescribe new self-regulatory rules.
Would Islamic Finance have Prevented the Current Global Financial Crisis? Islamic financial institutions in the Gulf Corporate Council (GCC) states performed relatively well during the global economic crisis of 2008-2009.1 The successful performance of Islamic financial institutions in the GCC states is attributed to sustained growth, a conservative prudential regulatory framework and the implementation of fundamental Islamic ideology.2 It has been argued that the primary cause of the 2008-2009 global financial crisis was a lack of discipline in the market which essentially gave way to high risk behaviour culminating in a crisis of unprecedented proportions.
This essay discusses that concerted activity is any activity by individual workers who are united in an effort to further a common concern in regard to any term or condition of employment. One of the key determinants of concernment of a worker’s activity is that the action must be engaged in with or on the authority of other employees.
11 pages (2750 words)
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According to the paper, the laws, pertaining to the intellectual property protection, can be observed to encourage innovation in the developed economies. On the other hand, it is likely to create negative impacts on the dependent developing economies due to the effect of globalization and international trade relations.
From this paper, it is clear that the communication between Nathan Nobel and Contemporary Caravans indicates a request for information and a response to that request. There was no definitive offer and acceptance communicated between the parties. Nobel simply asked for the lowest cash price to the luxury motor home and Contemporary Caravans responded.
Comparative Environmental Law on Oil Spills
There has been increasing public concern over oil spills in the recent years. Contemporary environment is facing many challenges regarding different forms of pollution. It is undisputable that oil pollution resulting from oil spillages is a significant threat to both aquatic and non-aquatic life either directly of indirectly.
11 pages (3388 words)
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The protesting people were simply victims of poverty and they expressed their anger against the growing inequality in Britain. Throughout England, it caused disruptions in work and created immense disturbances. Although common people have shown sympathy for the protestors the justice system of the Nation has appealed for their punishment.
This essay discusses that one of the established exceptions to the requirements of a warrant and probable cause in a search is that such search was conducted with the consent of the accused. However, such consent must not be coerced by implied threat or covert force, either by explicit or implicit means.
Why Islamic Financial Institutions Need Improved Corporate Governance Legal Framework. Islamic financial institutions have been feeling the effects of the recent global financial crisis. For instance, the Ihlas Finance House located in Turkey, the Islamic Bank of South Africa and the Islamic Investment Companies in Egypt have suffered closures.
The right to due process under the law and rule of law are legal principles highly valued worldwide by freedom-loving peoples like the United States of America. They are important principles that people in a democracy have fought since time immemorial in democratic states. Those charged as criminals are presumed innocent.
The discussion will attempt to address the primary questions framed as follows: What is opinio juris? Is the u.n really a legitimate force in world affairs? The purpose of this research is also to investigate the following: The definition of International law, the emergence of international law, difficulties in adopting state practices and separating state practice from ‘opinio juris’.
Classical trade theories involve inquiring into and identifying explanations for a trade patterns, trade policies and the “welfare consequences of various trade policy instruments”. David Ricardo, a 19th century economist developed the theory of comparative advantage which is a basic trade theory that informs and explains trade patterns indicative of liberalization.
Appellant’s argument focused on his assertion that the Senior Judges misinterpreted the word “inability” and that the conduct of the administrative inquiry against him was marred by procedural impropriety. The appellant pleaded for the narrower interpretation of the word “inability” to which he asserts only pertains to “unfitness through illness”.
This study looks into corruption as the ‘abuse of public office for private gain’. It refers to the malpractice of taking undue advantage of an existing system for catering to some personal requirement. Governments of different countries have introduced various public service programs for the benefit of the local population, especially the poor section of society
The author of this research aims to evaluate and present national laws that do not have extra-territorial application, the measure violates the principle of mutuality, principles of proportionality which are not fulfilled, public morality that not sufficient justification to restrict importation.
This paper attempts to trace the role that case law has played in the legal systems of Germany, France and the United States with respect to the development and evolution of human rights. This paper shall also look into some of the more important and landmark decisions made in the respective jurisdictions and evaluate the degree to which these decisions have impacted on human rights.
According to the research findings the CJEU was of the view that though the legal protection under Trade mark Act was limited to preventing imitation that misleads consumers on this point but in contemporary days, a trade mark is regarded as an expensive asset in its own right and needs efficient safeguard on larger area including investment, advertisement and essential function.
This paper presents brief history of the concept of ecological modernization, characteristics of ecological modernization, environmental policies and its progress overtime, Regulatory Capitalism, reflexive law, ecological modernisation and environmental policies, success and failure of ecological modernisation.
The research brief reveals that there are a number of possible claims under the ambit of occupiers’ liability together with damages under the egg shell skull rule and for nervous shock. Possible defenses of, remoteness of damages, contributory negligence and volenti no fit inujuria may also apply to the possible claims.
This essay discusses that deliberative democracy recognizes that there are certain fundamental truths which should govern all reasoned discourse, these fundamental truths being such aphorisms as respect for others. In this way, deliberative democracy may benefit both state liberal societies and the international stage, which retains many of the elements of a liberal society.
The paper tells that the idea behind the ticking bomb scenario is to brain storm on the methods of torture adopted inflicted upon suspects by the law enforcing agencies of the country to extract information irrespective of the matter whether such acts have valid justification and legality. Every one of us knows that torture in any form or shape is prohibited under local law / international law in most of the countries around the globe.
The researcher of this paper intends to discuss extensively the obstacles in claiming to bring private actions for enforcing EU competition law. Focus of the following research will also be upon some major development in three of the Member States namely Germany, United Kingdom and Italy.
This essay discusses that the notion of business law started to evolve with the beginning of human society. Law has been viewed as the precondition for the existence of society. The notion of law has been in its primitive form has been the use of brute power. In this form one individual controls all other individuals with his power and strengths.
From the discussion it is clear that Kernott v Jones has provided clarity to property ownership of unmarried couples. The case shaded light on how the case such as that involving Mr Kernott and Ms Jones should be handled in the future. It also brought a different approach of imputation and inferring into perspective to cases of such nature.