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The Philosophical Premises Behind Property Rights
19 pages (5660 words) , Download 3 , Case Study
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enerally trademark infringement under section 10 is an issue to be dealt with by the civil courts but there are criminal law options available for the counterfeiters and the Trade Marks Act(1994) itself contains criminal provisions which enable the law enforcement authorities to take action in the public interest.... o on a concluding note the courts and the parliament have been involved in balancing the economic rights of the owners of "intellectual" property as well as the public interest of fair access and us to retain the incentives for the creation of useful industrial and cultural products at the same time not allowing "corporate vampirism" to take over fair use especially in the field of trademark use and fair enjoyment. ...
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The Fundamental Principles of English Law
8 pages (2000 words) , Download 2 , Essay
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This may occur where the law forbids the contract, or where there is a violation of public policy at common law where the contract is for an illegal purpose (The Law Commission 2011).... In express prohibition and under the Resale Prices Act of 1976, the restrictive practices court, for instance, has the jurisdiction to deal with the resale price maintenance arrangements and decide whether they are in the public interest (Youngs 1998, p.... A contract for the sale of public office or the attainment of a title of honour will be illegal, for instance in the case Parkinson v College of Ambulance (1925)....
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Exploring the Dispute Between Samsung and Apple
6 pages (1748 words) , Download 3 , Essay
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Therefore, Samsung was identified to be copying innovative technologies, other than taking on their products development independently; thus, there was a violation of Apple's precious intellectual property rights, through the distinctive interface, packaging and product design. ... They have also developed a profound interest concerning their distribution channels, which incorporated in their marketing strategy.... The other element of the marketing mix is the promotion, whereby the marketers in these companies use advertisements, public relations (McDaniel and Gates, 20)....
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Internal Management of Coco Company
11 pages (2729 words) , Download 0 , Assignment
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n the case, three issues of violation of the rights of Bryan, a minority shareholder and director of Coco Company arise.... he common law and the Australian Corporation Act offer adequate protection to minority shareholder to curb potentially exploitation and oppression by majority shareholder and directors.... ipton, Phillip, and Abraham Herzberg, ‘Understanding company law and Corporations Legislation', (Law Book Company, 2013).... Contrary to these, Don holds separate meeting with his directors to adopt a stand that is inconsiderate of Bryan opinion and interest in the internal management of Coco Company....
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A Critical Analysis of New Labours Youth Justice Policies from 1996-2009
8 pages (2208 words) , Download 2 , Case Study
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Firstly, the reforms that have been implemented appear to be more focused on retribution and public order, and have forgotten that criminal justice – particularly criminal justice involving children – need to have a restorative and rehabilitative component as well.... The savage looting of establishments, the injuries caused to innocent civilians and the wanton destruction of property by masked thugs must be condemned, and their perpetrators should be prosecuted to the full extent of the law....
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Accounting Fraud, Earnings Manipulation, and Creative Accounting
6 pages (1500 words) , Download 3 , Research Paper
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How Conflict of interest Contribute to the various Frauds Conflict of interest plays a significant role in accounting fraud.... Arrangements between management, auditors, investment bankers, and Wall Street analysts may pose serious conflict of interest issues.... Conflict of interest may lead to persons asserting the fear of jeopardizing the relationship between the parties, which has the capacity of impairing the ability of parties such as auditors to carry out their duties diligently and independently (Jones 5)....
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Impact of the European Union and EU Law on the UK Law and Business
18 pages (5115 words) , Download 3 , Article
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This article considers the impact of the European Union and EU law on UK law and business.... It discusses the tension between European Community law and national law.... The Impact of the European Union and EU law on the UK law and business The Treaty of Rome 1957 officially created the European Union (EU), with the promotion of social and economic harmony as its primary objective.... Whilst the sheer complexity of multifarious issues raised by the impact of EC law and EU institutional policy making on the UK is outside the remit of this paper, in evaluating the issue this paper will focus on the policy initiatives of the EU, impact of legislation and undertake a contextual evaluation of the impact of the Human Rights Act 1998 (“HRA”)....
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Constitutional and Administrative Law
8 pages (1806 words) , Download 2 , Essay
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MPC4 ,it was held that it was it is the right of an individual to be protected against arbitrary interference from public authorities in his private life.... Administrative law is directly related to public law, which deals with making decisions in various administrative units of the government such as commissions, boars and tribunals.... Constitutional law alongside administrative law should ensure that its citizens are protected against exploitation by any body or organisation, in Prescott v Birmingham Corp, any decisions made in relation to public in interests should be carried with an aim contributing to the overall public good....
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Has international intervention trying to end violent ethno-national conflict had successful outcomes
17 pages (4250 words) , Download 2 , Essay
The issue of humanitarian intervention arises from this tension (Chomsky 1999: 73) This leaves us in a precarious position on course of action where a government persistently violates the human rights of its citizens as engaging in one set of commitment might involve violation of other international laws....
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A Conviction for Murder in the UK
21 pages (5564 words) , Essay
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urder, wrote the law Commission, should 'be regarded as a special category of the act, requiring special treatment from the rest of the law of homicide'.... ustice, the United Kingdom branch of the International Commission of Jurists, captured its extraordinary standing when it declared that murder 'has a unique place in the law of England not only because it is the most heinous crime in the criminal calendar but also because it is the most serious crime for which the sentence is fixed by law....
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Whether or Not the Internet Should Be Censured
15 pages (3904 words) , Download 1 , Coursework
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Internet censorship also can be misused by the authoritarian regimes for selfish interest, leading to the exploitation of the people.... However, although restricting organizational intellectual property rights to socially important technological inventions will deny organizations rights to other intellectual property that are not socially important, the restriction, however, will be in the interest of the society for it will encourage organizations to focus on technological inventions that are socially important. ...
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The relationship between justice or rights
15 pages (3750 words) , Download 3 , Essay
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This section of the paper looks at the tenets of criminal law and how they are connected to the concept of rights.... ?? this is part of public law and it stipulates that all citizens under the state's jurisdiction have a duty to abide by the laws which are meant to protect the interests of the society as a whole and it is the duty of the state to punish transgressors against the rules prescribed (Kleyn & Viljoen, 2002).... ?? On the other hand, a crime is further defined as, “any act or (commission of an act) in violation of a public law forbidding it....
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Police Brutality
5 pages (1369 words) , Download 0 , Essay
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However, it also involves a different set of actions where it does not conform to the spirit of the law and its understanding in the corridors of justice.... It is imperative to note that the issues of acquittal of the police officers have the effect of sending a message to the public that any given police officers can get away with crimes (Egharevba 78).... Although most of these boards have faced criticism due to many issues that touch the interests of the public, they may be useful in increasing the transparency of the department of police, which may help in improving the confidence that the people have with the police through the process of complaints....
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First Responders: Are We Ready for Another Attack
45 pages (10294 words)
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Privatized security firms provide forces for banks, industries, and personal service where the burden on public law enforcement does not provide adequate coverage in order to focus the security on a specific, private target.... Privatized security firms provide forces for banks, industries, and personal service where the burden on public law enforcement does not provide adequate coverage in order to focus the security on a specific, private target.... The nature of that event changed the culture of security through the impact that it had on citizens and the impact that it had on security officers, both public and professional....
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From Jam: Data Mining
12 pages (3000 words) , Download 2 , Essay
It is believed that through the use of these technologies, either individually or in combination, the constant war against crime and criminals could be continued with greater degree of competence and capability.... My chosen sub area is biometric technology which has received great.... ... ... Biometrics could be used both for verification and identification purposes....
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How Drugs Cause Crime
12 pages (3188 words) , Download 4 , Essay
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Journal of criminal law and Criminology, 88 (1998): 1233.... he most obvious and superficial way to define crime is to say that it is the violation of regulations of society.... In advanced societies which have transcribed their rules of conduct into criminal law, crime is a violation of the code.... Whether society is dealing with crime in an advanced society having a written criminal code or crime in an unadvanced society having unwritten mores, it is evident that criminal behavior is a violation of the rules of the social order....
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The History of the Human Rights Law in Great Britain under the Common Law
15 pages (3750 words) , Download 2 , Assignment
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iability of public authorities ... There it was decided in favour of the plaintiff for the failure of police to protect to give protection of a member of public during violence as the police ought to have known the risk.... Article 13 provides for remedy in the national courts for violation of the Convention Rights.... lays down standards and promotes legal accountability when it comes to violation of elementary freedom of human rights....
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Finality of Arbitral Awards under Islamic Law
50 pages (10475 words) , Download 2 , Dissertation
It is actually in the greater interest of Islamic countries which issue Sukuk bonds to streamline arbitration proceedings to reduce the perceived risks investors assume when investing in these Sharia-based financial instruments.... The paper "Finality of Arbitral Awards under Islamic law" argues that countries in the Arab region have not fully developed a legal system implementing arbitration, lit seems that the courts in Islamic countries too often have impermissibly interfered with international arbitration cases....
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Death Penalty Subject of Debate in United States
7 pages (1750 words) , Download 2 , Case Study
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Journal of criminal law and Criminology 95.... Death penalty is considered a violation of human rights.... One life can endanger many more lives and in the interest of the society and nation, death sentence is the right solution.... Going by the scriptures, what right does any public authority have to grant mercy to murderers?... udziszewski J (2004), First Things: A Monthly Journal of Religion and public Life....
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GLOBAL FINANCIAL MARKETS - LAW AND PRACTICE
16 pages (4000 words) , Download 2 , Essay
There are a number of systems that a bank can adopt to maximize profitability.... One of the best ways to generate funds for a bank is through securitization,.... ... ... According to Fisher and Shaw (2003), “securitisation is the packaging of designated pools of loans or receivable with an appropriate level of credit enhancement and the redistribution of these packages to ?...
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Risk Assessment for Vertex-Speed Ltd. Durham County, UK
14 pages (3500 words) , Download 2 , Essay
Ford has ceased production of cars at the Dagenham plant, but began producing diesel engines at that location.... While still making cars in the UK, Ford has shifted to the luxury classes such as Jaguar, Aston Martin and Land Rover.... Jaguar plants are located in Coventry and Birmingham producing over 100,000 cars....
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Theories of Justice - Nozick's Theory of Distributive Justice, Compared to Rawls
13 pages (3444 words) , Download 5 , Essay
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The involuntary transfer from the richer to the poorer caused by taxation is a violation of a person's rights, but if it can be proven that the taxes they pay are advantageous to their own purposes then some might consider voluntarily paying taxes.... e believes that this redistribution of income is a violation of human liberty, which can be considered as forced labor.... However, restrictions on such acts would be a fundamental violation of the liberty principle. ...
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Political Science
4 pages (1268 words) , Download 0 , Essay
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Republicans are also opposed to immigration reform that advocates for issuance of amnesty, since they think this perpetuates violation of the law.... Of particular interest are the parties' contravening outlooks on immigration.... This difference extends to policy positions on matters crucial to the welfare of the American public.... The Republicans take a strict stance on immigration, and argue that the current administration's leniency and advocacy for immigration undermine the American rule of law (Democrats n....
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The war between Samsung and Apple
6 pages (1500 words) , Download 3 , Essay
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Therefore, Samsung was identified to be copying innovative technologies, other than taking on their products development independently; thus, there was a violation of Apple's precious intellectual property rights, through the distinctive interface, packaging and product design. ... They have also developed a profound interest concerning their distribution channels, which incorporated in their marketing strategy.... The other element of the marketing mix is the promotion, whereby the marketers in these companies use advertisements, public relations (McDaniel and Gates, 20)....
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Copyright Law and Contemporary Works of Art
10 pages (2868 words) , Download 2 , Essay
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?? Boston University public interest Law Journal 7 (1998): 41-57.... The paper "Copyright law and Contemporary Works of Art" highlights that is not very new existing copyright law protects original works of art against being protected.... The paper discusses the inconsistency between Copyright law and contemporary works of art (appropriation art).... Copyright law and Contemporary Works of Art Teacher's 11 October Copyright law and Contemporary Works of Art Introduction ...
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The Correlation Between Crime And Poverty
13 pages (3250 words) , Download 4 , Research Paper
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Even criminal law and justices system are thought to be serving to the whims and fancies of the ruling class and social elite with resulting laws aimed at controlling the have not's.... Background Crime is defined s an act committed or omitted in violation of law.... The criminal seldom respects the law and authority and no faith in government.... Journal of law and Economics, vol: XLV (April 2002)) Research analysts say the rate of crime depend on the economic benefit the perpetrator gets over the cost of sentence he is caught....
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Copyright Law and Intellectual Property
4 pages (1291 words) , Download 2 , Essay
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This essay "Copyright law and Intellectual Property" explores The fundamental objective of law which is to secure the rights of creators of works and to provide them with significant control over their works.... he Institute for public Policy Research or the IPPR claims that millions of consumers infringe the copyright law by illegally copying the content of CD's and DVD's.... However, there are certain requirements to be fulfilled, if copyright protection is to be obtained Copyright law Copyright comes into force, immediately upon the creation of a creative work or music composition, either by an individual or a company....
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How Does Race Influence Judicial Decisions
14 pages (3849 words) , Download 6 , Thesis
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It is often the case that in the legal jurisprudence of the United States of America, children are often tried in adult Courts of law, instead of being tried in juvenile Courts, or Centers.... It is often the case that in the legal jurisprudence of the United States of America, children are often tried in adult Courts of law, instead of being tried in juvenile Courts, or Centers.... By incarcerating the child to jail sentences, their future lives are spoiled and even after their sentences are completed, it may be too late to being them back into the mainstream of social life, and thus, later, they would prove burdens for themselves and society and may indulge in large-scale criminal activities due to non-correctional measures. ...
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Intellectual Property Law
12 pages (3000 words) , Download 3 , Essay
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In dealing with this ambiguity, this paper will address the reasons for patents, its provisions in law and examine previous case laws with the view of identifying its success with regards its stipulated role of excluding others from using, making, offering to sell, importing or selling a novel patented invention or idea without the authorisation of the patent holder.... However, Timbersnake can go ahead and sue Burchill for giving his private photos to The Sun Topical for public display....
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South Africa Apartheid
10 pages (2500 words) , Download 5 , Essay
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From 1960, South Africa became a special case at the United Nations, which officially condemned the apartheid system for violation of accepted norms of international law.... In many ways, the Sharpeville massacre forced the development of international law and behavior against racial discrimination.... The event awakened national interest and international protest.... Following the killings, the crowds went on a rampage, rioting and burning schools, public buildings, and others symbols of oppression....
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Social Problem: Single Parent Families
9 pages (2562 words) , Download 1 , Essay
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This essay "Social Problem: Single Parent Families" will demonstrate that it is important to understand how the institution of marriage has formed the basis of much of public policy regarding single mothers today.... arriage has formed the basis of much of public policy regarding single mothers today. ... The oscillation of public policy changes is interesting as it moved from often ruling favorably for absent fathers to a much more punitive model....
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British Police Should Be Armed
7 pages (2249 words) , Download 3 , Assignment
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The debate has divided the various experts, scholars and the public right in the middle; some arguing that the police should not be routinely armed as this makes the state a police state while those supporting the routine arming of the police have posed the questions if the arming of the police makes a nation a police state what about a scenario where only criminals have firearms?... The police officers in this case failed to stop a killer; they thus were unable to appropriately, execute their duties hence the public became exposed to killer on rampage....
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The 2003 Intervention in Iraq
4 pages (1240 words) , Download 0 , Assignment
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America or other major powers should not act unilaterally but rather should act with others or allies particularly with the United Nations because such countries have a strong interest in advocating and upholding international law.... Over the years, such powerful nations have intervened unilaterally on the pretense that their national interest is threatened but in the real sense, they normally intervene even if the situation does not pose an immediate threat to them....
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Copyright Law: Copyright and Performers' Rights in the Music Industry and Opposing Parties on the Internet
18 pages (4500 words) , Download 2 , Term Paper
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It is a fruitful area for the application of law and economics, for modern theories of industrial organisation and for public choice theory.... he right way to evaluate policy on copyright is to undertake empirical analysis of the economic effects of changes to the law and to see how markets respond to them.... ) Use in certain other cases of minor importance where exceptions already exist under national law and free circulation of goods and services within the Community is not affected....
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Trade with Countries That Have a Bad Human Rights Record
10 pages (2500 words) , Download 3 , Article
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Indeed, Macintosh et al highlight the fact that “the Global Compact relies on public accountability, transparency and the enlightened self interest of companies….... For example, in certain war torn countries, where human rights have been abused under international law resulting in Western government imposed trade bans, Chinese companies have had no such reservations about entering the same market; which begs the question as to whether trade bans are the correct approach to addressing human rights....
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Relationship between Intellectual Property and Human Rights
13 pages (3672 words) , Download 2 , Essay
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TRIPS states in its preamble that IPR are private rights which implies that it ignores the creativity of groups or communities whereas an human rights approach would recognize an invention to a society for the sake of public interest.... TRIPS is found to tilt the balance inherent in the IP law away from the public interest to the favor of IPR holders.... Similarly, the African Charter on Human Rights which was adopted in 1981 also enforces that “The right to the property shall be guaranteed while it may only be encroached upon the interest of public need or in the general interest of the community” (Sinjela, 2007)....
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Relationship between Intellectual Property and Human Rights
13 pages (3250 words) , Download 3 , Essay
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TRIPS states in its preamble that IPR are private rights which implies that it ignores the creativity of groups or communities whereas an human rights approach would recognize an invention to a society for the sake of public interest.... TRIPS is found to tilt the balance inherent in the IP law away from the public interest to the favor of IPR holders.... Similarly, the African Charter on Human Rights which was adopted in 1981 also enforces that “The right to the property shall be guaranteed while it may only be encroached upon the interest of public need or in the general interest of the community” (Sinjela, 2007)....
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Employees should decide on what information to surrender to employers
6 pages (1500 words) , Download 2 , Essay
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Using the sample for drug testing or determining the illness of a person is a violation of privacy (Cantoria, 2011).... The fact that the result of drug testing may be subject to error or rigging that reveals a person to be a drug user (even if not true) is a violation of the due process of law.... Through such information, they can determine if their interest and investments would be safe from such person.... The intrusion into the privacy rights of an employee would be substantiated based on three justifications, which are: for the interest of the employer, the interest of the employee and that of a third party (Persson & Hansson, 2003)....
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Questions police administartion and crime
4 pages (1000 words) , Download 3 , Coursework
The best squad is the squad that follows the due process of law and the constitutional guidelines.... Police Administration and Crime (Names) (Institution Affiliation) (Date) Question 1 The best way of rating police officers in an agency is by using behavioral anchored rating scales....
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Enron Company Failure Analysis
12 pages (3367 words) , Download 0 , Assignment
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Consequently, the venture was sued for the violation of financial rules and policies, and consequently charged a fine of $10 Million for the offence (Dickie, 2006, p.... First, the executive management agreed to bend the law and manipulate the financial statements due to proper corporate governance structures.... n evaluation of the Enron Company operations indicates that there was a culture of self interest among both the employees and the executive workforce....
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Analyzing a Quote On Liberty by John Stuart Mill
11 pages (2921 words) , Download 0 , Math Problem
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The relationship between law and morality is a significant controversy in western legal philosophy.... The authority of law: Essays on law and morality.... ‘Law versus morality as regulators of conduct', American law and Economics Review, vol.... The paper "Analyzing a Quote On Liberty by John Stuart Mill " states that it is seen that using criminal law to decide the moral conduct of individuals is like employing the thoughts of individual persons, who are also operating independently to satisfy their personal interests....
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John Locke and Edmund Burke and Karl Marx on the Role of the State
6 pages (1806 words) , Download 3 , Essay
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In essence, the government should familiarize itself with the needs of its citizens so as to maintain an appropriate definition related to protecting the national interest.... John Locke on one hand, articulate on issues concerning the general public with a main focus on toleration.... As explained by John Locke, the state should exist to protect the rights of its citizens, but not to compel public morality.... Locke further suggests that, men often focus in establishing a civil society by voluntarily, relinquishing their personal right to defend themselves against the established public authority....
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How to Eliminate Workplace Violence
9 pages (2377 words) , Download 3 , Essay
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Repeated violation of company policy should result in action against said employee in order to safeguard the wellbeing of the organization and that of other employees (Shumaker & Feldstein, 2004). ... Factors including exchange of money with the public, interaction with volatile characters, lone work or working in small groups and isolated work areas increase the probability of workplace violence occurring.... public Management , 34-35. ... These include nurses, taxi drivers, mail carriers, law enforcement officers, customer service employees and utility workers....
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Designing and managing networks
12 pages (3000 words) , Download 2 , Essay
This paper will look at the various types of public inquiries with reference to organisational learning, mentioning the principles.... n the UK, ere are principles that are consistent with standards set by the UK public inquiries Act and according to Justice Cory criteria for conduction of public inquiries.... It operates by way of public hearing and that members of the media or public are invited to participate in the hearing process.... t should also be understood that public inquiries are neither prosecutions nor trial cases but rather seeking answers about a criminal or civic liability of any organisation or person hence it does not express any solution (Hamerton-Kelly, 1999)....
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Meta-Analysis: Discretion in Criminal Justice System
13 pages (3250 words) , Download 2 , Research Paper
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Thus this study has directly called for withdrawing police discretion as much as possible and indirectly taken a stance in favor of the rule of law and accompanying judicial discretion (Chan, 2011).... This paper hypothesizes that in view of the individual nature of each case involved and in cognizance with the existing legal framework, the prevailing ambiguities that restrict judicial discretion has led to the citizens being denied their right to the rule of law....
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Effectiveness of Bilateral Transnational Policing as Compared to Multilateral Approaches
16 pages (4000 words) , Download 2 , Essay
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ifferent schools of thought exist on the effectiveness of these two approaches in fighting insecurity and global terror with Universalists arguing for the development of one world, governed by one law and protected by one transnational security system similar to multilateralism.... & Madsen, M 2013, Transnational power elites: The new professionals of governance, law and security.... Multilateral policing approach to transnational security issues on the other hand involves a number of countries who have interest in the security question at hand....
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Economic and Social Progress: International Management
6 pages (1735 words) , Download 2 , Essay
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Indeed, in the analysis of the experiences of state-controlled economies, there is the prominence of political economic repression characterized by the stifling of civil liberties and the violation of individual human rights.... In some countries, there is a growing notion the global economy is systematically tipped in favor of the interest of the West.... Finally, there is the reason of, creating a critical mass for new public and economic policy initiatives that are possible within the context of the regional population and in competition with other trading blocs or countries with humungous population and economic capability in the landscape of the increasing integration of the global market....
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The Nature of Private Armed Security Guards to Terrorism within the State of Ohio
46 pages (10421 words) , Download 2 , Dissertation
The culture of law and security enforcement has some similarities and some striking differences.... he topic of Ted Kaczynski is of interest, not because he was a crazy man committing crimes in a serial fashion against the United States, but in the fact that he may not have been crazy and acted in a way in which to change society.... Over the course of time, Kaczynski placed 16 bombs into the public, killing three people and injuring 23 (Ottley, 2012)....
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The Refugee Question and the European Court of Human Rights
20 pages (5559 words) , Download 2 , Term Paper
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The Refugee Act explicitly covers refugees, who are, by definition, aliens applying for a refugee visa from abroad with a UK embassy for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.... recognized as [a] violation of our human rights Services for the victims include shelters.... Female genital mutilation is a violation of all the protocols of the 1951 Convention, the 1967 Protocol and the ECHR provisions since it causes harm to the integrity and health of the person....
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Legal Frameworks in the Built Environment
7 pages (2055 words) , Download 2 , Essay
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In this regard, a private nuisance refers to the violation of another person's quite enjoyment of his/her property while public nuisance is simply any interference with the safety, health, convenience and peace of the members of public.... Another possible case of public nuisance from the above scenario is offensive dust that is produced in the factory belonging to Harrington & Nephew limited company.... The law allows David's family to file a complain regarding the dust from the factory using the tort of public nuisance if there is evidence that they have suffered from the effects of dust more than the other members of the public (Planning Inspectorate UK....
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