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Whether Burke's Distinction is called upon to analyse politics or economics, the force of public interest is always the scientific factor involved in the analysis.... existence and unrestricted by conscious efforts, public interest has always been and will always remain fundamentally the same in that it must be addressed for survival purposes (Stanlis, 1958, 179).... public interest, in Burke's view, is therefore distinguished from public opinion because of its almost autonomous status (Hoffman et al, 1956, 177)....
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ATT ‘GATT Analytical Index Guide to GATT law and Practice' [1995] Updated 6th ed.... In Article III: 4 which outlines national treatment obligation direction on internal laws and regulations together with issues of internal taxation, a violation is determined through three main enquiries: whether the measure used is rules, regulations, and levies that affect sales decisions; whether the imports are similar or ‘like products' to the local goods'; and whether the imports are accorded differential treatment as compared to the local products....
Director of public Prosecutions [1962] AC 220, Anderson [1972] 1 QB 304.... “criminal law” (8th edn) Butterworths
... Thus, in conclusion, it may be stated that in view of all the legislative provisions that have been addressed above, there is an adequate provision under the law to rigidly and strictly enforce a standard against obscenity so that the members of the public and especially vulnerable children are protected from an onslaught of obscene material transmitted over the Internet....
The author takes into account the discussion of the issue of public opinion, evaluation of the circumstances, civilized norms, and their influence.... he discussion of the issue of public opinion is very important, because it serves to create the difference between the ideal judge as espoused by the law, and the real judge as influenced and determined by the real world circumstances.... n fact, as a matter of admission to the fact that judges are under the influence of public opinion and pressures of the times, Lord Keith, R v R [1991] UKHL 12, admitted that “marriage in modern times is regarded as a partnership of equals, and no longer one in which the wife must be the subservient chattel of the husband” p3....
Judging from this kind of public reactions, it is clear that the ICC can be regarded as inefficient body if those people who have perpetrated crimes against humanity are left free to live among the victims of the crime.... "Developments in International criminal law: The
... criminal law Forum.... This has resulted to greater support of the ICC among the public unlike the ad hoc tribunals have come under sharp criticism in handling crimes under its jurisdiction....
Theories of criminal development and criminal behavior aimed to explain the main trends and factors of criminal activity and factors which influence disobedience.... Police forget that the whole origin of social life-propagation, breeding, and survival of the weak-rests on proximity Applied to criminal behavior of individuals, theories help to explain and understand causes and factors which lead to disobedience and organized crime.
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According to the cases, it permits a vague definition of the offence; broader standards of admissibility of evidence apply; it may provide the solution to prosecutorial problems as to situs and jurisdiction: see Director of public Prosecutions v.... he word "property" in the definition of theft includes even intangible objects that are capable of being converted in some way that deprives the owner of his proprietary interest.... This action caused disadvantage to the economic interest of the victim....
Notable, in this case, is the fact that the top administrators of the hospital were involved in the violation of patient privacy.... Moreover, the workers within the hospital failed to report the violation of patient privacy to the relevant authorities.... Nonetheless it is important to note that the violation of HIPAA provisions for patient privacy is legally wrong.... This essay is based on this story and aims at examining and evaluating how governance, organizational structure, culture and lack of social responsibility led to the violation of the patient's privacy by the hospital....
Hurst made the comment that he believed that this section implied such a duty as it states “The individual is under certain common-law duties to serve the public.... A further case with a similar outcome was public Prosecutor v Allain21.... Under UK law there is no legal obligation on an individual to assist a person in need of treatment unless that person was the cause of the injuries.... The law recognises parents15 or teachers as falling within the category of those that have a duty to protect as they are responsible for the children in their care....
Introduction: the Sullivan conference on global antitrust law and policy.... Antitrust law Anti-trust laws make it illegal to continue such business practices that encourage monopolistic behavior.... The Sherman Antitrust Act 1890 outlawed "every contract, combination…or conspiracy in restraint of trade or commerce" between states or foreign countries (law.... Antitrust law Anti-trust laws make it illegal to continue such business practices that encourage monopolistic behavior....
American criminal law Review.... There are the more insidious methods that feed on the public's fascination with - and doubt of - new technology.... he research philosophy shall be interpretivistic-historical, in so far as it aims to gather data from actual case studies and documents in the public domain, and create a comprehensive picture of the nature and state of online fraud and identity theft from the facts contained therein.
... he research strategy shall include the use of secondary data collected from case studies in the public domain on the subject of online deception and identity theft, and primary data from a survey of police authorities, business proprietors and managers, and commercial online service providers, as may be available and willing to relate the steps and procedures they have taken to prevent or contain these crimes.
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Labor and Employment law Human resource departments are responsible for effectively, legally, fairly, and consistently attempting to maximize an organization's return on its human capital investment while minimizing financial risk.... This paper is aimed at providing a critical analysis of various situations which have occurred in real life businesses regarding employment and recruitment processes....
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ssue: Did the dismissal of black jurors a violation of the equal protection clause of the US constitution?... ssue: Was the containment of the evidence a violation of the Due Process?
... he book criminal procedure: law and practice, is packed with illustrations from real-world scenarios faced by current law enforcement professionals.... ourt cases, especially those decided by the Supreme Court are vital because they make up the case law and set a guideline for cases decided by low courts in the entire country....
Criminal activity is seen as a violation of a norm which in this case refers to the law (Leon-Guerrero, 2014).... It is illegal in nature and therefore attracts punishment from the law.... The law states that there are no time limits for reporting sexual assault cases.... The law also states that a person under the influence of alcohol cannot consent to criminal activity.... This is because society plays an important role when it comes to law-making....
This allegation is because maximization of profits has been broadly linked to overexploitation of employees and violation of some of an organization CCE.
... Such threats posed on the student were an overt violation of the company's CCE.... Most of the operations in Foxconn, for example, were a violation of the employee rights and general policies employment of minors.... To solve this issue the company had first to admit the violation of CCE before embarking on strategies to mitigate further disconcert with employees and even civil organization against such employer malpractices....
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As such, PR undermines their opinion, which is their democratic rite of public participation.... The research is also intended to expose the fact that large corporations and governments have the potential of using the mass media to spread propaganda and manipulate public perceptions in the name of public Relations.... This research is therefore relevant to the public, businesses and the mass media as it explores how propaganda is spread in disguise of public relations.
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It is likely the encounter will go smoothly and the problem will be resolved without complication if you are complying with the law.... s an international student you will have the same rights as American citizens regarding personal safety and should contact law enforcement if you experience a threatening situation.... It is important that you do not react with violence in any situation and that if you are part of a violent or physical confrontation you contact law enforcement and do not attempt to handle the matter yourself....
Darfur in Sudan has been in the news recently for gross violation of human rights that is happening in the country.... In fact, a number of seemingly rational reasons like maintenance of personal freedom, adherence to social balance, and maintenance of law and order are the common refrains that can be heard from people who believe that human rights are being given more importance than that it ideally should get in the international scene.... orld nations must take more interest in poor countries
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It is not rare to see traditional law conflicting with the Human Rights law and domestic law in loggerheads with EU law.... This does not mean that there is nothing in common between civil and criminal law procedures; but the theoretical and practical differences cannot be ignored.... In the civil proceedings too evidence has the most important place, but criminal law literally stands on evidence.... Still, he cannot be punished according to the criminal law, because he is under-aged, and an under-aged person is legally considered to be incapable of making sound decisions....
It is out of the leakage by Edward Snowden, that the issue of the law flouting activities of the security agencies has been disclosed, which now places the public in a better position to scrutinize the impacts of such a law on their privacy (Greenberg, 2013).... However, Edward Snowden has already caused too much damage on the reputation of the government agencies, as well as placing sensitive and classified information that is only accessible by the security agencies in the public domain, thus making the security of the countries prone to many breaches (The Economic Times, 2013)....
Moreover, violation of the terms of use of their guns leads to disputes between them and their governments.... This is because the private colleges are governed by private law and the sign limitations are set to ensure that non-violent protests do not disturb peace within the various locations.... The important factors that should be considered are fairness for all employees as dictated by the Employment law and the need for the company to cut its operational cost....
nnan seems to be saying that the use of force is mandated by the Charter in specific instances under Chapter VII, and that the use of force in this context would not be a violation of international law in the situations Annan outlines in his report.... The paper "International law and Institutions" describes that the UN can be no more effective than the political will of its member states – particularly the permanent members to the Security Council with their right of veto -- to mobilize, equip and fund it....
Inhibition of prayers in public schools would be a violation of the First Amendment.... Interestingly, the same reason why prayers are banned in public schools is actually the same reason why prayers should be allowed in public schools.... The judiciary uses this clause to stop public schools from conducting prayers.... The second clause of the same amendment however offers a loophole through which prayers are allowed in public schools: “or prohibiting the free exercise thereof;” ....
0; The Office of public Sector Information.... Adelaide has not been obstructing the pathway that she had been using, which would be in violation of having an easement over the route (Burdick, 414).... Colls v Home and Colonial Stores LTD (1904) gives Adelaide a good argument for light through her window as being a violation of her easement over it.... Adelaide is in violation of the Storage of Engraver's Chemical Regulations 1996....
The accused was declared guilty before the court of law and he was fined for his unlawful activities on French territory.... The judgment given on any case that has international interest is always bound to raise both fair and unfair criticism from the public and the interested parties.... The judgment given on any case that has international interest is always bound to raise both fair and unfair criticism from the public and the interested parties....
This level of protection by the Swedish government my however fail to be invoked if only it demonstrates proportion such that restriction is only on what is essential in the attainment of public health protection.... However, while residing in Sweden, a violation of the Swedish law results the prosecution of Anna and Baahir.... In this case, as the defendants, Anna and requires a representation by an attorney who understands the Swedish law and who can prove her innocence as an immigrant....
Apparently, the two possible claims presented here are a violation of privacy, personal security and the right to free time.... In most cases, claims of tort do involve state law and are founded on legal premise that individuals are legally responsible for the consequences of their behavior if it results in injury to others.... Tort law is a form of civil law and manifests itself mostly in form of negligence: an act similar to the one Coventina Motors is being accused of....
American Journal of public Health 100.... The malice standard, on the other hand, is useful in determining that the violation of an inmate's rights under the Amendment resulted from the use of excessive force, especially during an emergency.... The rise in cases on violation of the Eighth Amendment depicts how the prison systems are so harsh and unbearable.... This paper explores the justification for the need for drastic reforms in the United States' penal law and prison system with greater attention paid to the introduction of rehabilitation as a method of molding inmates into reproductive people to alleviate recidivism....
One can therefore see that the law and jurisprudence have a rationale for distinguishing between consenting to treatment and refusing treatment.... “Implementing Change for Children: Action at the Centre and Local Reaction” Journal of law and Society, Vol.... "To What Extent Does the Law of England and Wales Recognise a Child's Autonomy interest" paper states that the social worker responsible for child protection must be cognizant of the milieu in which he operates and keenly aware of the vulnerabilities of the individual he is tasked to protect....
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Addressing rape reform in law and practice.... Cases & Materials on criminal law.... The destruction of these misapprehensions has led to advocates for survivors of sexual assault in the country to focus on educating the public with the aim of reducing rape cases.... One would include the specifications, which sexual assault records of clients of women's shelters blueprints and advocate organizations are not made subject to laws on public laws on information....
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This particular argument was refuted by Barak (1975) who indicated that “the high caseload and poor organization of public defender offices place indigent defendants at a disadvantage with regard to case outcomes” (Williams, 2002, 1).... (1992) who all supported that the presence of public defenders in courtroom workgroup resulted more in incarceration with longer sentences.... "A Systematic Comparison of public Defenders and Private Attorneys," 3 American Journal of Criminal Law 265....
To emphasise this crucial point in green light theory, decision-making by an elite judiciary imbued with a legalistic, rights-based ideology and eccentric vision of the 'public interest' .... Administrative law is considered a branch of public law.... Administrative law is considered a branch of public law.... nd Disadvantages of public Participation in the Decision.... The green light theory and red light theory were analysed in Harlow and Rawlings (1984) law and Administration, Weidenfeld and Nicholson, London....
Another aspect of the internet that compromises IP protection is the belief by users that all content on the internet is in the public domain, despite the fact that they are notified of license agreements (Greenhalgh & Rogers 2010).... IP law grants owners of intangible assets rights to their property which includes discoveries and inventions, literary and artistic works and music (George 2007)....
The paper "The Role of Diversity in Today's Retail Environment" discusses that the results of the study somewhat contradict the general perception that because men hold the majority of the key positions in the workforce, women have a different perspective of diversity within an organization.... ... ...
Loss of driver's license could lead to missed work or job loss for individual who doesn't live near public transport, since offenders are not given a chance to relocate before seizure of license and/or vehicle D.... Is “pre se” law, a finding of BAC at the requisite level is considered a violation regardless of circumstance (FindLaw DUI Basics) B.... Determining a violation A.... Current DUI law A.... License suspension or revocation a) All states carry minimum mandatory periods of suspension b) CT and VT require permanent revocation after third offense c) Administrative, not criminal procedure – this is in addition to any criminal penalties imposed ii....
Beck, ‘International law and the Use of Force.... nvolves costs deemed disproportionate for the public authorities of a member state, the Council shall, in the act adopting that measure, lay down appropriate provisions in the form of temporary derogations and/or financial support from the Cohesion Fund”39.... The fact that the human right violation is being carried out by the state against its citizens and the international body sets up a logical and justifiable case of human rights intervention....
The acquisition of Admob by Google raised many eyebrows among those who believe that this move was a violation of antitrust legislation.... There have developed instances where the regulatory agencies have sided with leading private institutions on issuesfromwhich they weresupposed to protect the public.... The failure of the FTC to stop this acquisition is clear evidence that its administrative power has been compromised for the sake of protecting business interests instead of the public....
Thus one is expected to ignore the reality that crime is essentially a conflict between law and behavior and as such can be corrected by rehabilitation and/or punishment (Hagan, 2011).... The renewed interest in biocriminology has resulted in a number of theoretical assumptions.... The paper "Biological Roots of criminal Behavior" discusses that criminology attempts to identify the causes of criminal behavior for the express purpose of preventing offending....
Generalizations are then applied unilaterally to the race, which causes significant issues when witnessed and duplicated by the public (Hall, 2004).... hile the average citizen might ordinarily avoid any overt acts of racial profiling, impactful events such as shattering the nation's sense of security have changed public sentiment.... public surveys have continued to indicate widespread public support of racial profiling of Middle Eastern persons among the African American community....
By considering the existence of poverty as a violation of human rights, the steps towards the development of a lasting solution can be taken from local and international perspectives.... Instead it should be seen as a systematic and enduring violation of hum rights therefore and injustice that required expedient redress (Sane 3).... In his quest to classify poverty as a human rights violation, Sane creates and systematic irrevocable connection between poverty and the five families of human rights, he argues that poverty invariably violates social rights and to a various extent all the other classes of human rights....
As a society, we hear the term "budget" used in all industries and departments.... It is a term loosely applied to any forum whether these departments exist in the educational system, the corrections system or even within our own household accounts.... Distilled to its' most natural state, a budget is a quantified, planned course of action over a definitive time period....
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he pioneer of intellectual property law was the patent law, passed through a congress majority in 1790 (UCSC, 2005).... The 1970 intellectual property law had similar legal undertones as European patent law.... The law stipulates that owner of a property has the exclusive right to access and use the said property (Petersen, 2011).... As a result, intellectual property law is gaining popularity in business today....
UK Aviation Law Jack's Liabilities under the ANO and the ROTAR A reading of the problem at hand would instantly show that Jack committed his first violation of the Rules of the Air Regulations (ROTAR hereafter) when he failed to check the weather conditions of the areas covered by his flight path en route to his destination.... The paper "The UK Aviation law" highlights that Under the Memorandum of Understanding between the Crown Prosecution Service and Air Accident Aviation Branch, the Marine Accident Investigation Branch, and Rail Accident Aviation Branch, there will be a sharing of factual information....
In his defense, Shayler cited the freedom of expression and presented the opinion that it allowed him the right to disclose information on the basis of public interest.... irectorate of public Prosecution v Jones (Margaret) and Anor
... he Directorate of public Prosecution had sued the defendants for unlawfully assembling in an area that had been prohibited from tresspassory assembly under the Public Order Act of 1986.... irectorate of public Prosecution v Jones (Margaret) and Anor [1999] 2 AC 249.
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The essay "Efficiency of criminal Profiling" focuses on the critical analysis of the efficiency of criminal profiling.... criminal profiling can be defined as the practice of inferring the personality, behavioral, and demographic characteristics of criminals based on crime scene evidence.... ritically evaluate the evidence that criminal profiling is effective and Section # of Critically evaluate the evidence that criminal profiling is effective....
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The paper 'law and Criminology: Ability to Conduct an Investigation' seeks to evaluate the data protection act 1998, which came into force with the sole purpose of protecting the fundamental rights and freedom of natural persons.... egally it can be in the shape of an agreed contract (taking services through the organization); to comply with the law; to protect the person's vital interest (i.... he data protection act 1998 was framed which specified the limits up to which data can be collected and used, the new amended act has included CCTV footage and data information stored manually within its ambit and also implementation is stringent so much so that security personnel are also covered within the ambit of this law....
It was established by the Occupational Health and Safety act in 1970.... The main purpose of OSHA is to ensure that employees work in a.... ... ... and safe work environment; this is by setting up with appropriate health or safety standards and ensuring that work organizations and employees adhere to those standards (Roughton, J....
In addition, methods and circumstances used by police to investigate the public were expanded, a development that has raised concerns that the state violates individual rights for privacy (Kegley, 2003, p13).... Coupled with increasing application of technology in crime, it is imperative for law enforcers to ensure public safety under highly unpredictable situations.... In this respect, law enforcers are increasingly incorporating private and public enterprises to access personal details of people in the country....
In this respect, factors such as expenditure of criminal justice, embracement of technology by law enforcers, state of policing, and correctional facilities, and the involvement of public and private sectors in prevention of crime play a part in encouraging or discouraging crime (Ritter, 2014).... These emphasize on the written law more than common law and give the accused few rights.... Under criminal justice, laws have also been put into four groups which are common law, civil law, social law and Islamic Law....
The accused was declared guilty before the court of law and he was fined for his unlawful activities on French territory.... Ministere Public v Deserbais Introduction The judgment given on any case that has international interest is always bound to raise both fair and unfair criticism from the public and the interested parties.... This work called "Ministere public v Deserbais" focuses on controversial cases and possible conflicts after judgments....