Criminal Law and Violation of Public Interest Essay Samples and Topics Online

Criminal Law and Violation of Public Interest

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The objective of the assignment "Criminal Law and Violation of Public Interest" is to analyze a particular legal case that features theft and endangering the lives of the general public.... The writer will briefly introduce the concept of criminal law and investigate the case within its context.... critical analysis of the case study shows that John violates the public interest in mainly two ways that can be categorised as criminal activities....

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Criminal Law and Penal Law

10 pages (2894 words) , Download 3 , Essay

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This essay "criminal law and Penal Law" focuses on the body of law that punishes criminals for committing offenses against the state.... criminal law criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the There are four theories of criminal justice: punishment, deterrence, incapacitation, and rehabilitation.... riminal procedure regulates the process for addressing violations of criminal law ...

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Mass human rights violations

13 pages (3250 words) , Download 3 , Essay

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Despite that, it has been found that even after formulation of the human rights convention there has been a wide scale violation of human rights in an around many nations of the world5.... But unfortunately, it can be stated that practices of the states throughout the second half of the 20th century have shown many several evidences of violation of human rights on a wide scale basis.... The phenomenon of gross violation of human rights is not a recent phenomenon....

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Private Individuals in Damaging for Breaches of EU

14 pages (3283 words) , Download 3 , Essay

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Besides, In Courage v Crehan15, the ECJ held that any person could depend on a violation of Article 81 of the EC Treaty (now article 101 TFEU) before a national court.... Nevertheless, in the new amendment, the claimant no more has to depend on any specific violation of the competition rule, for example, it is no more essential for cartel participants to show that cartel was particularly aimed against them when asking judicial relief or seeking loss compensation from the cartel participants....

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UK Security Management Practice and Regulatory Acts

15 pages (3750 words) , Download 2 , Essay

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Iversen et al (2006) therefore argue that, ‘the law allows personal information to be used and disclosed without explicit consent, subject to certain safeguards, when it is impractical to obtain consent and an important public interest is at stake' (Pg.... ) observes that although The Data Protection Act 1998 (DPA) protects individual rights particularly in regards to personal information, the act must balance the need for public interest, research and security that sometimes overrides personal interest....

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Role of Evidence in Civil and Criminal Cases

6 pages (1572 words) , Download 2 , Research Paper

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In certain cases it can be essential to withhold convinced evidence from the protection in order to save the basic rights of another person or to protect a significant public interest.... “The Exclusionary Rule prevents the government from using most evidence gathered in violation of the United States Constitution.... It applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment” (Exclusionary Rule par....

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Non-Malicious HIPAA Violations

6 pages (1788 words) , Download 3 , Essay

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"Cybersecurity in Radiology: Access of public Hot Spots and Public Wi-Fi and Prevention of Cybercrimes and Hipaa Violations.... “Without the information, the HIPAA form is considered invalid, and should the nurses release the information to third parties, such acts shall be considered violation of HIPAA regulations” (Gerard et.... Having listed examples above, I am of the opinion that government or law enforcers should be too strict on nurses and healthcare officials who divulge the patient's health information to the public since sometimes they do so in the best interest of the patient....

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The Human Rights Law

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n addition of conventional law of public interest test is also suggested.... The Act should have a clearer exposition on what the constituents of public interest are.... The test of public interest is designed to make sure that decisions made are in line with the Act's overall purpose.... ecommendations are that, interests under the Official Secret Act's protection should not prevent or curb disclosure if the disclosure is incapable of being curbed or prevented be it under public interest test or harm test (Hoffman & Rowe 2010). ...

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Education and Code of Ethics

4 pages (1000 words) , Download 2 , Essay

pon violating the said student right, teachers are not simply engaging in the violation of the Code but are undermining the very basis upon which creative and critical thought, on the one hand, are based, and that which the capacity to engage in freedom of expression is predicated upon, on the other (Fullan, 2007).... Accordingly, the violation of Article 3(a) of the code has far-reaching repercussions, both as regards individual students and society as a whole....

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Protection of the Right for Privacy

16 pages (4505 words) , Download 3 , Essay

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However, because the violation of personal life cannot remain in certain circumstances without punishment, for this reason, the courts use instead the principles of law that are related with Human Rights in general.... An interesting legislative text in the area of protection of privacy is the Irish Privacy Bill 2006 which covers all possible aspects of personal life that can suffer an intrusion and violation.... However, this is just part of the privacy violation phenomenon which needs to be faced by the authorized legislative bodies....

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A critical analysis of article-3 of the European Convention on Human Rights

16 pages (4000 words) , Download 2 , Dissertation

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Keeping in view, the importance of child's right The United Nations Convention on the Human Rights of the Child defines a child as a human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier, 2 agreed by 192 of 194 member countries....

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The Juvenile Justice System

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Juvenile cases usually start once the probation officer or prosecutor files a civil petition, alleging a minor has violated a criminal law and requiring that the court determines that the young person is a criminal.... The probation officer meets the juvenile periodically and the juvenile guardian or parents have to report any violation of the probation to the officer (Peters, 2011).... In case a juvenile violates the set probation conditions, the probation officer notifies the juvenile court by filing a “violation of probation” notice and when the judge finds the juvenile guilty of violating the probation terms, the judge can cancel the probation option and use a harsher sentence, for instance incarcerating the juvenile in a detention facility (Leiber & Peck, 2012)....

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International Trade: Law and Institutions

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In these instances, much as in the case of the WTO, those who wish to seek remedy against a given violation of their rights under national or international law, present their grievances to the ICC for consideration, and ultimately, resolution and/or mediation (Miller, 2003).... An essay "International Trade: law and Institutions" critically assess and compare and contrast the dispute resolution procedures used by the World Trade Organization (WTO) with those used by the International Chamber of Commerce (ICC) in its arbitration procedures....

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International Trade Law and Institutions

9 pages (2606 words) , Download 2 , Essay

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In these instances, much as in the case of the WTO, those who wish to seek remedy against a given violation of their rights under national or international law, present their grievances to the ICC for consideration, and ultimately, resolution and/or mediation (Miller, 2003).... This paper ''International Trade law and Institutions'' tells that Critically assess and contrast the dispute resolution procedures used by the WTO with those used by the International Chamber of Commerce (ICC) in its arbitration procedures....

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Duty of Good Faith and of Avoiding Conflict of Interest

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In cases where private benefits are seen in the violation of the above rule, liability must also be imposed for the profit attributed to the person to whom the duty is owed.... Adler, the director acted illegally in violation of sections 208 and 260A which pertains to financial assistance.... Ray Williams acted indifferent to the fate of the company also reflected a violation of the shareholder's best interests (Lipton, 2003.... The director's duty to function and to carry out his duties in good faith and in the best interests of the corporation stems from common law and from Section 181(1) (a) of the Corporations Law....

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Immunity of Senior State Officials

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State officials visiting another state enjoy immunities because of the political order of the state that they visit and violation of immunities makes it becomes possible for other states to retaliate.... Within the relatively recent past, the concept of state immunity in international law has changed because sovereign states have demonstrated that they are capable of gross violation of human rights and massive wrongdoing.... Federal Republic of Germany, the Italian Supreme Court refused state immunity for substantial violation of human rights....

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Sanctions and Limitations Imposed on Law Enforcement by the Supreme Court

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This act of the Court mostly involves cases where there is a violation of the constitutional guarantee by the law enforcement agencies.... This paper ''Sanctions and Limitations Imposed on law Enforcement by the Supreme Court'' tells that Much is expected of law enforcement covering a wide range of duties.... Sanctions and Limitations Imposed on law Enforcement by the Supreme Court Much is expected of the law enforcement that covers a wide rangeof duties and responsibilities (Grant, 2002)....

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Anti-Kick Back Laws and Violation

13 pages (3598 words) , Download 3 , Term Paper

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In case there is an omission of any of the fundamentals, then there will be violation of the Stark Law. ... ases Involving violation of Stark Law ... The paper "Anti-Kick Back Laws and violation" discusses that although some people argue that the anti-kickback laws are unnecessary restrictions and are too tough.... Anti-Kick Back Laws and violation Outline A matter Anti-kick Back Laws and violation Thesis or main idea The anti-kickback statute was put in place as a means of protecting patients and government sponsored programs such as Medicare and Medicaid from abuse and fraud....

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Are immunities of senior state officials applicable to jus cogens violations

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On the other hand, as the world shrunk, so to speak, violations of fundamental human rights have been discovered and made public.... Jus Cogens principle in International law is the peremptory norm in which each State must observe with utmost good faith.... It enjoins States and its leaders to act in accordance with basic principles in international law such as prohibition of using force or aggression against another state or acts which are deemed to be crimes against humanity....

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The Doctrine of Cyber Law, its Effectiveness and Reliability

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To answer all this questions, we have to undergo a thorough analysis of the definition and meaning of terms like cyber law and cyber crime, the enactments that make up cyber law, the different types of cyber crime, the outcomes of the cyber laws etc.... The definition of cyber law as given in the business dictionary states that cyber law is a “rapidly evolving area of civil and criminal law” which is applicable “to the use of computers, and activities performed and transactions conducted over internet and other networks....

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Inter-American Human Rights

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Out of the fifty cases, forty two have been unanimously decided in 24 occasions where the state has acknowledged fully and partially the international responsibility associated with the violation of the right of lives of victims.... Although the law and its organisation, reparation and cohesion functions have tried to end impunity, it still remains a major challenge in ending social catastrophes, and this challenge has spilt over to inter-American court as presented by noncompliance by national courts under it (Organisation of American States 43)....

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WHITE COLLAR CRIME

2 pages (500 words) , Download 5 , Essay

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neither it is about violation of another person's core rights and interests or any other immoral activities.... 585, 2005)It should be highlighted that this crime differs from ‘state criminal law' in a way that it does not involve physical violence or aggression that may directly damage someone else....

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Methods and Significance of White Collar Crime

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32) include robbery, burglary, vehicle theft, and others besides extraction of public funds by organized criminal families and drug trafficking networks who make huge profits from illegal dealings. ... The main feature of the crime was a violation of trust.... The main feature of the crime was violation of trust, carried out while the offender performed his occupational activities (Ball, 2001).... Organizational white-collar crimes are of different types under various categories: these consist of fraud and deception, attempting to take control of the marketplace, lack of corporate social responsibility in the disposal of toxic chemicals, violation of human rights and civil liberties, bribery and corruption....

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The Influences of Media on the Law

40 pages (10000 words) , Download 3 , Research Paper

However, media can influence law in many other ways in accordance with the targets set in each particular occasion (surveillance of private/ public activities, provision of evidence in the court, publication of articles/ copyright law, publication of material characterized by the law as 'prohibited', violation of rules related with the online commercial activity and so on).... On the other hand, the law recognizes an increased 'power' of media to intervene in daily activities (either of persons or organizations) in order to guarantee the provision of necessary information to the public....

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Law Problem Questions

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In the case of Jackson Stanfields v Butterworth2, Jenkins J stated: “Bearing in mind that the defendant has had the benefit of the work done and the desirability in the public interest that contracts should be observed, I ask myself whether the Court should regard a purely technical breach of the regulation as .... ??there is a public interest in not upsetting regulations which have been made unless good reason can be shown for doing so, .... Cases like Council for Civil service Unions have established this rule as an integral one within constitutional law on the basis of public policy....

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Pesticide Drift: A White-Collar Crime

9 pages (2250 words) , Download 2 , Essay

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esticide Drift: violation of Environmental Laws ... The FBI actually investigates white-collar environmental crimes, such as the discharge of toxic substances into the air, water, or soil that pose "a significant threat of harm to people, property, or the environment, including air pollution, water pollution, and illegal dumping, in violation of federal environmental law.... There was a willful violation of environmental and criminal laws because of the failure of the farm industry to provide necessary protection to their workers after knowing that their operation caused the illness of many of their workers. ...

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Right to the Truth Paradigm in the UK

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From this incident, one can clearly understand regarding the violation of the human rights of El-Masri without the existence of any specific evidence3.... ‘Presumed Guilty: How the European Court Handles Criminal Libel Cases in violation of Article 6(2) of the Convention for the Protection of Human Rights and Fundamental Freedoms' [2014] (Home) accessed 31 December 2014.... Thus, it can be stated that the implementation of the previously mentioned paradigm by ECHR is specifically meant to control the UK government from overpowering the nation's interest over promoting individuals' safety....

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Corporate Code of Ethics Project

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(AFG), together with Great American Insurance Company (GAI), Great American Financial Resources, Inc.... (GAFRI) and their respective subsidiaries and their respective directors, officers and employees have committed to conduct their business in.... ... ... This Code of Ethics sets out the principles to which all directors, officers and employees of these companies are expected to adhere and advocate in meeting these standards. ...

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Leadership Personal Issues and the Rules of Law

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With disproportionate impact concerns, the 1991 police executive forum sustained that there is an adequate pool for majority and minority postsecondary men and women with an interest in police recruitment.... According to proponents, postsecondary recruits are more mature and more-rounded and are likely to interact easily with the public to offer solutions with understanding rather that authoritarian approach.... he warrantless arrests in a public places are allowed to individuals for a felony arrest, even though the officer arresting suspect had sufficient time to obtain a warrant, so long as the officer deems there is probable grounds that the suspect has committed the an offense....

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A Brief History of the FBI

6 pages (1777 words) , Download 1 , Report

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he bureau first focused mainly on criminal acts, dealing only with the small number of economic offenses like financial fraud and violation of competition law.... Particularly, FBI's powers were expanded in the field of interception and electronic surveillance – which was considered to be the violation of the fourth amendment to the Constitution.... This legislation enabled BOI's agents to apprehend citizens suspected in assisting the enemy and implement preventative measures against potentially dangerous public moods....

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Defining of Health and Safety Violations

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Within the past 10-15 years, there has been an increased interest in the issues of safety within the workplace.... In most cases, these types of violations are identified during inspections which could be carried out after complaints by the affected, or just during a routine inspection by the public health officers (Reason, p.... In the health and safety sector, the violation is termed as any deviation (which is deliberate) from rules, regulations, processes, or instructions which are structured to ensure efficiency or safety in the operation and management of a plant or organization....

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How Social Media and Internet Violates Privacy

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It is important to consider the fact that most of issues that relate to private matters often coalesce around the subject of safeguarding individual privacies within the context of public interests.... The following paper "How Social Media and Internet Violates Privacy" is a combination of a five-source annotated bibliography and interview responses from Respondents A and B relating to the subject of social media violation of privacies.... his paper is a combination of a five-source annotated bibliography and interview responses from Respondents A and B relating to subject of social media violation of privacies....

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Public Law and Human Rights

13 pages (3250 words) , Download 2 , Research Paper

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ntroducing the Human Rights Act 1998 bill to Parliament, Lord Irvine of Lairg observed, “Our legal system has been unable to protect people in the 50 cases in which the European Court has found a violation of the convention by the United Kingdom.... This research paper describes public law and human rights.... he Human Rights Act 1998 has come to be known as one of the most important legislation affecting almost all areas of law and policy....

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Prostitution and Criminal Law

10 pages (2537 words) , Download 0 , Essay

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By prohibiting the person from making their decision, this would constitute to violation of the person's sovereignty only in the event that the choice being made involves an important form of discretionary control over his own mind and/or body.... When one makes a choice to give away sex in exchange for money, this is usually a discretionary control over their sexuality and body, violation of which constitutes violates the self sovereignty of the person involved....

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Global Societies

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); for example, in developing countries mobile phones and Internet are used by volunteers for reporting cases of violation of human rights (MIT Center for Civic Media, 2012, par.... lavery is the most critical example of violation of human rights.... The paper "Global Societies" presents detailed information that human rights, as a concept, can be explained using different approaches: a) Pragmatic approach; it is commonly used in the US for justifying actions that would be otherwise considered as violating the law....

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The Origin of Security Privatization in America

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rofit maximization at the expense of the public interest risks insecurity ... The public interest of security is therefore placed at risk with privatization when the prisons supervision and public's safety are left in the hands of the few and inexperienced prisons' guards.... Such incidences can be prevented if the public interest is given priority and seriousness through sufficient investment in training and recruiting guards to improve supervision....

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What is the Purpose of Criminal Laws

2 pages (500 words) , Download 3 , Essay

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This is because, it focuses to protect the expression of public morality, set boundaries for within society and provide punishment for those that violate the set.... This is because, it focuses to protect the expression of public morality, set boundaries for within society and provide punishment for those that violate the set boundaries and its values (Bundy, 2011).... n spite of the adverse mention of public order, it literally means the wellbeing of the society and interference in its normal functioning by causing chaos or violating rights and privileges of others....

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Intellectual Property Rights and Violations

23 pages (6324 words) , Download 2 , Research Paper

Inventors are granted exclusive rights that are limited to exceptions in the law.... The US struggles with interpretation of the law as evidenced by several cases of intellectual property violations.... The law defines intellectual property as anything intangible product produced by a creative mind (Alin, 2014) (Vidrascu, Cristea, Iacob, & Volintiru, 2014).... The law is founded on the fact that a creative mind should have some exclusive rights attached to his or her idea....

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Is Torture Permissible During Times of Warfare

9 pages (2591 words) , Download 0 , Essay

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The effects are evidence of violation of human rights.... Since establishment it has irreversibly changed the landscape of international humanitarian law and provided victims with the opportunity of voicing their experiences.... The view appreciates the supremacy of the law and legal the respect of legal systems in a well organized and open society.... However, this view prioritizes compliance to law and democracy above any other aspects, aspects like the morals within the practice....

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Area of Intellectual Property Law

17 pages (4689 words) , Download 3 , Essay

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ore recently there have been a lot of tensions in which the courts have been faced with the balancing of public interest with trademarks.... The courts have however struck the balance between ownership and use rights by interpreting the public interests exception to overrule any potentially damaging claims to the public interest under section 1 .... 6So we can see that there is an ongoing tussle between the artists trying to earn a living and the right of public access to material and information. ...

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Criminal Liability Theory and Principles

5 pages (1545 words) , Download 2 , Essay

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Justice Principles and Values in criminal law and Criminal.... Criminal Liability Theory and Principles Introduction A crime is an act or omission forbidden by law or the penal code as a violation of the general public interest.... Petty offenses or infractions are insignificant crimes involving very minor misconducts classified as violations of public welfare, an example is traffic violations.... criminal law formulates that individuals should be punished based on the retribution they deserve as such, they are culpable if they demonstrate insufficient concern for others by choosing to cause risk or harm to others for insufficient reason and does it voluntarily (Fletcher 46). ...

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Berman vs Department of Interior Case

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This concluded the intent of the required element of the violation of 209 of the failure of the jurys instruction from District Court in instructing on intent element (Cooper, 2006).... aking any gratuity, benefit or gift in violation of duty, or acquisition of interest affecting his principal lacking full disclosure is regarded as a betrayal of trust and breach of confidence, requiring accountability for all that is received to the principal.... 286, 306 (1910), which was a seminal case relating to breach by the federal employee where the supreme court explained that the larger interest in public justice may not, at any circumstance, tolerate any public official to retain advantage or profit that may be realized through acquiring interest in conflict related to his fidelity when an agent....

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White Collar and Corporate Crime

10 pages (2500 words) , Download 2 , Essay

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n the late 1980s and early 1990s has served to bring potentially dangerous corporate activities to the general attention of the public and has inspired the academic legal community to pay greater consideration to several very basic questions concerning the potential use of the criminal law in this area.... The higher the degree of effort to conceal corporate misconduct the more difficult detection will be for unsuspecting management, the public, investors, and the government....

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Protection of Human Rights

37 pages (10302 words) , Download 2 , Essay

he aim and objective of this dissertation are to examine the execution of human rights law and its application through the various regional instruments that have been spelled out in different parts of the world.... It will attempt to assess whether human rights are best protected on a universal, regional or national basis, from the point of view of the framework of the law and its execution.... he Methodology that is proposed in this study is primarily a library-based research effort that will examine existing international law and the developments in the execution of human rights over the globe....

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The Hanging as against Husseins Human Rights

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his judge questioned witnesses without the defense team being present, as they either walked out in protest, or were expelled from the chamber in violation of the Covenant of Civil and Political Rights, article 14.... This is a violation of International Law.... he trial of Saddam Hussein was conducted by an invading force, and showed considerable prejudice against him (In violation of both the UDHR and the ICCPR). ... he conviction and death sentence were, according to international law, illegal, and a significant violation of Hussein's human rights....

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What Cases Are Police Stops and Frisks Appropriate in

6 pages (1684 words) , Download 2 , Essay

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Furthermore, the police officers must weigh the seriousness of the public concern that the arrests serve and the level to which they promote public interest.... The scope of violation of an individual's rights permitted differs according to the facts and circumstances of every case.... Extended search after failure to identify any weapon is a violation of the citizen's right.... The above-mentioned interests should be weighed against the interest of the government to effectively detect and prevent crimes besides protecting the law enforcers and other individuals from armed and dangerous people (Ferdico, Fradella, and Totten 297). ...

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Emerging Issues in Criminal Justice

5 pages (1250 words) , Download 2 , Essay

In addition, social pressure needs to be handled in a manner that does not give the public the perception that it has further eroded their constitutional guarantees.... Known as NDIS and CODIS, these programs have the potential to revolutionize law enforcement investigations and significantly reduce the number of repeat offenders of violent crimes.... The rapid expansion of the program has called for increased lab space, storage facilities, and technicians as law enforcement begins to rely more heavily on DNA evidence....

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Human Rights Violations

11 pages (2750 words) , Download 2 , Essay

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The committee has rejected the notion that criminalization may be justified as ‘reasonable' on grounds of protection of public health or morals, noting that the use of criminal law in such circumstances is neither necessary nor proportionate.... The Commission on Human Rights and the Human Rights Committee has confirmed that use of the death penalty for non-violent acts, including sexual relations between consenting adults, constitutes a violation of international human right law29....

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NSA's Phone and Internet Surveillance

20 pages (5484 words) , Download 0 , Coursework

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Paranoia and suspicion do not qualify as legitimate, legally-supported criteria for violation of the Constitution's Fourth Amendment.... This would fundamentally be a violation of the U.... Though such discussions, when intercepted by the National Security Agency as being related to established terminology that is alleged to have national security risks, but is not engaging in terrorist discussion or activity, is being oppressed (theoretically) by sovereign and superior forces which would be an absolute violation of the liberties protected by the Constitution....

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The Criminal Justice And Public Order Act

10 pages (2500 words) , Download 2 , Case Study

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1 Since the Security Services Act of 1996, the meaning of public assembly and public protest has taken on a new meaning, because the Security Act of 1996 it sets out a principle of “common purpose” to control the public agenda in the interest of controlling terrorism and public disorder, so that; ... Ultimately, any group of public persons who demonstrate to express their protest against a particular policy or for a particular reason which is not necessarily criminal in nature, are doing it for some “common purpose” and thus can be liable....

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Essays on Criminal Law and Violation of Public Interest