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Such abductions are usually in violation of the domestic law of the country in which they occur, as infringements of laws forbidding kidnapping.... Many also regard abduction as violation of international law, in particular of a prohibition on arbitrary detention.... Such restrictions are occasionally controversial in other countries when, for example, a citizen of these countries commits a crime abroad and then returns to their home country ANALYSIS OF EXTRADITION law and ITS PRINCIPLES TABLE OF CONTENTS HEADING PAGE I....
The author examines the involvement of Foucault in the political life of the 20th century which can be characterized as of importance not only because this criticism referred to as many aspects as possible of people's lives but also because his criticism played a catalytic role to the reform .... ...
The Court agreed that such a law was in fact in violation of the Constitution and that the states could not abrogate the Federal establishment clause.... Journal of law and Society (2007): 3-13.
... The court found that though unemployment-benefits are a "privilege" to deny that privilege simply because she was unwilling to break a fundamental tenet of her religious belief was unconstitutional and that given no compelling state interest to deny her those benefits was indeed misguided (Walker 412)....
partnerships and the changing meaning of public and private.... Marshall (1996) defines restorative justice as “a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implication for the future” (4) Crime is considered to be not just a violation of the law, but a violation of people and social relationships.... The Australian National University conducted a study in Canberra which indicates that ‘Reintegrative Shaming Experiments', which are part of the restorative justice process, are more effective than traditional court proceedings and punishments in controlling crime and in increasing respect for the law and the police....
In addition, the companies involved in the Car Glass case were in blatant violation of article 101(3), which states,
... Leniency ensures that competition is fostered in cases of violation of TFEU laws since it allows investigations to find the underlying cause of the case and all cooperating members of involved cartels receive a slash in their fines.... Putting together these bodies (NCAs and the European commission), a balance is struck between competition law and intellectual property rights with consumers gaining the largest benefits due to violation of dominant position by companies....
?? A Senate Select Committee which undertook a report of the Ministerial Discretion in Migration Matters, discovered that the only requirement of the Minister to explain his exercise of matters relating to visa grant was to “table in the Parliament” his reasons why his granting or not granting of a particular visa was in his opinion, a matter of public interest (Ministerial Responsibility 2006).... However, it is also a matter of public interest that “public interest” be determined not by one man unfettered by any semblance of the usual system of checks and balances institutionalized in every democratic country....
This rationale is particularly important, in light of the interest group that is requesting this paper.... At several junctures in our life as a nation, street protests and demonstrations have altered the course of history and all over the world, there are examples of how public protests have toppled despotic leaderships and restored human rights and democracy.... However, the right to public protest is not without limitations.... The London riots have demonstrated that there is a fine line between legitimate protest and public riots and it is essential for any State to clamp down on illegal activities while maintaining and ensuring the rights of citizens to peaceful protests for valid grievances....
Subsequent to several disasters and scandals, such as the British Royal Infirmary heart operation, the public interest Disclosure Act 1998 was enacted.... Subsequent to several disasters and scandals, such as the North Wales child abuse, and the British Royal Infirmary heart operation, the public interest Disclosure Act 1998 (PIDA) was enacted.... he PIDA specifies a system for public interest whistleblowing.... The Employment Rights Act 1996 (ERA) defines the parameters for protected disclosures, the manner of the permissible disclosure, and protects those who make certain disclosures to safeguard public interest....
learly, after the Enron scandal, investor sentiment was not expressed as public outrage but it affected the valuation of public firms and the US stock market and hence creating a need to improve investor confidence in US financial markets.
... ne of the most important changes effected by the Sarbanes-Oxley Act is the requirement that the CEO and the CFO of public companies personally certify annual and quarterly SEC filings.... ccording to Gifford, SOX is a result of public demand to “do something” about a problem of concern regarding American corporations (2004)....
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Journal of criminal law and Criminology , 80-180.
... Gender, Crime and the criminal law Defenses.... A study carried out by the Center for Women Policy studies made public that women mentioned about career opportunities and compensations, in addition to interest in the job, as justifications for looking for employment in corrections.... The study of Joanne Belknap (1991) of female correctional officers in a prison located at the Midwestern section discovered that the women preferred to become offices due to the compensation packages, promotional prospects, interest or challenge in the job, their duty in other jobs in the criminal justice, wanting to be of assistance to people, or faith that it was a professional path to becoming a law enforcer or patrol officer....
5); violation of patients' confidentiality (Panting et al.... 4 - Medical law and Ethics.... Botch should be for the greater benefits or the best interest of Major Tom.... Botch for the grounds of disclosing his health condition to the public.... As a general rule, health care professionals should not disclose any forms of patients' information to the public unless: (1) the court of law orders a particular health care professional to make a disclosure; (2) an act of parliament requires the health care professional to make a disclosure; or (3) the patient consented the health care professional to make a disclosure....
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The writer of this paper focuses on the law of Electronic Commerce and the Internet.... law of Electronic Commerce and the Internet
... A number of particular issues arise in a consumer protection context in respect of online auctions.... The first important point to note is the sheer frequency with which fraud occurs on online auction sites....
According to Gordon and Milakovich (1998: 495), when an employee discloses of any legal violations, mismanagement, gross waste of funds, abuse of authority, or dangers to public health or safety, whether done within or outside the organization, this is known as whistle-blowing.
... Yet, they persist, desiring honesty in government and wanting an end to infringements of law....
learly, after the Enron scandal, investor sentiment was not expressed as public outrage but it affected the valuation of public firms and the US stock market and hence creating a need to improve investor confidence in US financial markets.... ne of the most important changes effected by the Sarbanes-Oxley Act is the requirement that the CEO and the CFO of public companies personally certify annual and quarterly SEC filings.... ccording to Gifford, SOX is a result of public demand to "do something" about a problem of concern regarding American corporations (2004)....
Rawls argued that any party who can obtain a huge lead, benefit, or advantage from an imbalance of opportunities will be considered to behave unjustly and largely in violation of the guidelines.... Although just and even-handed sports competitions are present when all partakers abide by the guidelines, in the end self-interest should be compromised if justice is to be attained (Black, 1996).... Many are hesitant to compromise self-interest.... It appears evident that public policy involvement is decided by the core aspect of sports ethics....
ONCEPTS of public interest
... Having concepts of public interest provides an impression that these concepts, if being followed, will result to a harmonious relationship towards the public and the government and towards co-individuals.... In a sense, these three structures are governing without government for these concepts of public interest are self-organizing networks which existed because they liberated them selves from the binding laws and grouped together to follow the interest of the public and society as a whole....
Where a matter is of public interest public laws apply.... The outcome of such claim is of public interest because it will determine similar cases in the future.... The issue of public interest hence the court can conveniently apply the law to determine whether publication of the photographs on the websites constitutes publication in the context stated by the Council.... The public authority should carry out all the activities appropriate for the public interest....
Since the employees were working for the federal government, their strike was a violation of the federal law which prohibited federal employees from striking.... 0 His move showed his intent to work within the constitutional provisions not only to promote economic and national interest but also to leave a legacy that individuals could not be allowed to violate the law and get away with it; there was a cynic belief that no President would ever the law of firing employees on constitutional grounds....
This may contribute to bias during reporting and hence compromising the quality of information being provided to the members of public.
... According to the article, most of the members of public perceive most of the sentences on violent crimes to be lenient and hence the media reporting.... In a case study in the article, the media contributed to the violation of rights of past offenders after a child disappeared.... Such actions by the media also contribute to the violation of the laws as the media campaign in the case study attracted riots and suicides among the past offenders....
Until these days, the Magna remained significant for human rights advocacies and for its defenders because this was the first document which challenged the monarchical power of the King and systemically becomes the legal foundation against feudal relations -- that ‘no man should be above the law (National Archives and Records Administration, 2012, p.... The document expressly stated, "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled except by the lawful judgment of his equals or by the law of the land (National Archives and Records Administration, 2012, p....
In addition, it demonstrates various types of cyber crimes in both private and public schools and what the local education authority is doing about them.... The paper "Internet Use in Schools and Security Issues" explains the effects cyber crimes are having on the economy as well showing the responses that are being taken by governments and organizations....
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A good example of such internet websites is stormfront formed by white supremacists and provides an avenue for white nationalists and other racial extremists to make their views public.... he benefits of internet censorship laws become apparent when the government comes up with legislations that prevent sensitive information from getting to the public.... A number of laws have been criticized as promoting high handedness, including the law criminalizing the defamation of government agencies, divulging the country's secrets and the promotion of separatist course on the internet....
violation of human rights takes many forms in the US prisons (Crank 304).... Using a male CO to monitor the whole strip search is an act in direct violation of international and national laws.... There is an increasing need for encouraging public awareness about sexual victimization in the US prisons and jails.... Research has labelled prison strip search and videotaping a sexually abusive practice (law).... The correction officer (CO) who has the video camera and is required to video tape the whole event as women are being strip searched “is almost always male” (law).
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Moreover, in this regard, it has been observed that the negative attitude of public stigma is also likely to be observed within the health care system in which, people who are labelled as mentally ill are less likely to be treated fairly with the health care services in comparison to people without such illnesses7.... Nevertheless, it has been evidenced that people who are labelled with mental illness probably receives lesser apartments, social support and more likely to be changed for the violation of rules in the society.
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However, from the enquiry report, it can be deduced that the teacher was also responsible for the violation of this clause because he tried to take ‘revenge' from Isaiah for the fact that he laughed at her favourite student's learning abilities.... The attitude of the teacher is a clear violation of the clause.... Often professionals are not aware of the ethical dilemmas that may arise due to their slightest irresponsibility but the process may encourage them to take more interest in what they have been assigned to do....
The trespass on protected land access land as created by Countryside law and rights may advise possible users on their entitlement to returning to the land within 72 hours.... Subsidiary regulations as per Joanna would mean that basic rules of civil law and environmental law are substituted through the obscene of legal regulations to manage Jesmond Forest.... The approach taken by conservationists is that of procedural institution and application of civil law and within environmental and consumer protection....
Feminists who have called for the reform of rape law have demonstrated that “the law of rape historically has regulated competing male interests in controlling sexual access to females, rather than protecting women's interest in controlling their own bodies and sexuality”.... s a result of this, women were then considered less able than men to hold jobs, embark on careers, make decisions, and hold public office.... On the one hand, more and more women are being elected or appointed into public office....
Heather, 1996 Expanding Exclusionary Rule Exceptions and Contracting Fourth Amendment Protection Journal of criminal law and Criminology.
... osephson Mark 1996 “Fourth Amendment - Must Police Knock and Announce Themselves before Kicking in the Door of a House” Journal of criminal law and Criminology, Vol 86, 1996
... Independent source Exception: This was declared in the case of Wrong Sun v United States (1963) stating that if the evidence was obtained directly through violation of the fourth amendment but through an independence source, it can be used for the evidence....
The author examines a case involving confidentiality issues between patient and midwife.... The issue is whether the midwife (Grace) violated her legal obligation of confidentiality which she owed to her patient (Justine) and whether she has breached the ethical standards of her profession.... .... ...
It becomes more difficult when the right to free speech competes with another principle, for example, the principle of public order.... this right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.... Explore the issue of interpretation and compatibility between the European Convention on Human Rights and UK law in the context of any article 2-12 of your choice.
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This goes to say that a violation of the right of the other would entitle the violator or offender a punishment.... This is how the rule of law works.... When a criminal commits a crime, he or she is imprisoned.... Q1) Article 3 of the Universal Declaration of Human Rights states that “Everyone has the right to life, liberty and security of person....
t a time when asymmetric terrorism is increasingly posing the greatest threat to our homeland security, such campaigns as used in the Dearborn case also help in the achievement of community policing goals because they encourage community members to voluntarily provide information that may lead to the prevention of crime and terrorist activities, and the improvement of public security.... The post 9/11 homeland security demands that the local law enforcement agencies should work closely with communities through “campaigns” such as voluntary interviews, even if the individuals For example, following the rail system bombings in both London and Madrid, a number of suspected terrorists were arrested in Florida, Britain and Canada with the help of the cooperation between the locals and law enforcement agencies....
All these forms of privatized community are implicated in the deep erosion of public space and the fortressing of the cities.... In 1962, there were fewer than 500 housing associations in the United States, but by 1988 with the boom in towns and cities, the landscape began to change: 30 million people or 12 percent of the population lived in 150,000 common interest communities and in 2004, 50 million Americans lived in 260,000 association-managed communities with an average of 6,000 to 8,000 new housing associations being formed each year....
This end can only be achieved if the period of imprisonment is used to ensure, so far as possible, that upon his return to society, the offender is not only willing but able to lead a law-abiding and self-supporting life' (United Nations Office on Drugs and Crime, 2010, 2).... The paper "The Management of Secure Institutions" discusses that effective prison management tends to stem from a clear understanding of the values, the mission and the end goals of the processes in existence that comprise three main interlinked factors....
OPSI: Office of public Sector Information.... OPSI: Office of public Sector Information.... n this case study, the fact that defendants were indulging in rowdy conduct may be accepted; but this, by itself is not illegal or in violation of any laws.... n interpretation of this section could be in terms of fact that it is possible that this article shall not circumvent enforcement of legal limits on enforcement of these rights by members of the law or others, “in case this is necessarily prescribed by law and are necessary in a democratic society in the interests of national security or public safely, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others....
Further, many of the ruling elites who pretend to speak on the behalf of the peoples of the developing world lack political legitimacy and public support, and have embraced ideological outlooks at odds with the surrounding cultures.... ertainly, the paradox of universalism and cultural relativism remains to be thorny issue to this day, but it cannot be denied that the vast majority of nations in this world, coming from virtually all political and cultural traditions, covering all economic subdivisions, have come together to adopt and ratify the main international human rights and international humanitarian law instruments....
In the OBrien Test, governments must have a substantial government interest that is not related to suppressing the message before contemplating action restricting expressive conduct or symbolic speech such as it is unconstitutional to have a flag desecration law if the only reason for having it is that people should respect the flag (Stevens, 2003).... She did this because of the political value of protesting against men being allowed in public without their shirts on and women being not allowed to do the same....
he Spam problem has raised the legal issue of trespass and violation of First Amendment rights in the United States.... The two cases of Cyberpromotions v AOL and Compuserve v Cyberpromotions, raised the issues of trespass of private property and violation of First Amendment rights.... Therefore, issues of violation of privacy, trespass and damages are equally applicable in cyberspace, although the manner of trespass or violation of fundamental rights to privacy and confidentiality of one's personal information may occur in a different manner.
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As a preliminary matter, it is essential to note that corporate corruption is not a single, precise type of abuse; quite the contrary, cases of corporate corruption take many forms and manifest themselves in the abuse of different types of public trust and the violation of different types of legislative frameworks.... As a preliminary matter, it is essential to note that corporate corruption is not a single, precise type of abuse; quite the contrary, cases of corporate corruption take many forms and manifest themselves in the abuse of different types of public trust and the violation of different types of legislative frameworks....
It is inferred that employers and government should collectively fill the gaps between law and emerging technology related privacy issues for better workplace.... With the advent and rapid proliferation of technology, the world has become a smaller place where accelerated communication and networking has nearly removed the personal boundaries in all aspects of life....
Further, many of the ruling elites who pretend to speak on the behalf of the peoples of the developing world lack political legitimacy and public support, and have embraced ideological outlooks at odds with the surrounding cultures.... ertainly, the paradox of universalism and cultural relativism remains to be thorny issue to this day, but it cannot be denied that the vast majority of nations in this world, coming from virtually all political and cultural traditions, covering all economic subdivisions, have come together to adopt and ratify the main international human rights and international humanitarian law instruments....
Under these circumstances, law-enforcers must invent creative ways of stimulating interest in community policing.... Another factor that makes deterrence an attractive alternative to punishment is the failure of more severe sentences to enhance public safety(McAlinden 400).... billion without compromising public safety.... The implication for policy-makers and law-enforcement agencies to enhance their capacity to apprehend offenders....
nder common law it is Equity adopts a wider scope and has developed to an extent where property such as money can be traced even where there is mixed funds.... ommon law is capable of tracing the legal ownership of property but is limited to being able to do this only where there have been clean substitutions Smith, The law of Tracing, (1997) pp 162-174 (1815) 3 M & S 562 One of the main cases that established the ability to trace property is Taylor v Plummer....
n advertising cases, the basic remedy for a violation of the FTC Act is a cease and desist order.... he most common remedy of violation of the FTC Act is a cease order.... arketing communications is a concept arising from management and covers aspects lijke advertisements, sales promotion, direct marketing and public relations.... Penalty actions can also be brought against the advertisers in case of law violations.
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In fact, it would be useful for the country to conduct extensive research to determine whether imposing death penalty could deter criminals from carrying out gross violation of human rights (Hammel, 2011, p.... Besides, imposing death penalty could safeguard the people's interest due to increase in insecurity.... A critical examination of his statements shows a strong political influence than the public's interest.... He also indicated that while, the public opinion was in favor of capital punishment and the country generally remained conservative, there is still enough chance and room for changing this position for the country to abolish capital punishment (Piket, 2011, p....
It has increased the level of alertness as well, which, mostly serves the cause of public good.... When the police force works in tandem with the corrupt politicians, it has created law and order problems, and damaged the peace in the society.... In US, any study will be incomplete without considering the prison-industrial complex, and the network of private corporations that have direct interest in increasing the number of prisoners.... The police/crime/prison administration has been typical sectors that draw interest of the authors, dramatists and the movie makers....
In the case of Factorame III, the point at issue were the provisions of Part II of the Merchant Shipping Act of 1988, which spelt out conditions relating to the nationality, domicile, etc of fishing vessels registered within the United Kingdom and were deemed to be in violation of Article 52 of the EC Treaty.... The sections in the Maastricht Treaty that dealt with public health issues and consumer protection were tightened up, but the most significant aspect of this treaty was the introduction of qualified majority voting, so that the emerging European Union comprised of a greater number of States began to assume a more democratic role....
The law on mental health in Australia is anchored on many listed policies that occur within the mental health and well being doctrine that buttresses the segment of public healthcare.... The policy is founded on the provision of human rights with reports on violation of such rights serving as a catalyst to progressive review and enactment of changes in the Australian National Mental Health Plan (ANMHP) (Rosen, 2006).... Sifting the context to Australian viewpoint, social policy is discussed in the sense that connotes the government tools that aid in structuring and integrating public social services to satisfy the welfare state....
The author who is a law professor presents the approach of the Supreme Court in determining the implications of juvenile death penalty and the role played by the societal norms in determining the course of legal action against juvenile defendants.... In the article it is illustrated that the law has been amended to cater for the sentiments of the society on the issue of giving children a capital punishment.... The findings of the study are critically presented in the paper illustrating that there is a less significant criminal deterrence of juvenile crime....
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When others make use of the author/creator's name to produce cheap, derivative works that could destroy the integrity of the original work and thereby besmirch the author's good name and reputation in the market, then this would constitute a violation of the moral rights of the author, since moral rights under the CDPA protect the personality and reputation of authors12.... have also upheld moral rights to disclosure, where unauthorized publication of manuscripts without an author's consent were found to be in violation of the author's rights....