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The Significance of Trade Dispute
6 pages (1741 words) , Download 3 , Essay
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The Federal Patent Statute of 1952, which was enacted by Congress, is “intended to provide an incentive for inventors to invent and make their inventions public and to protect patented inventions from infringement” (Cheeseman, 323).... It is no longer a remote concept exclusively located in the environmental law sphere.... When two systems of law come into conflict, actually or potentially, there are three potential methods of dealing with the situation: • create some superior balancing mechanism; • determine that one legal system is superior to another, either wholly or in part; • modify either or both legal systems to bring them into harmony....
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Company Authority and Governance on Contracts Involving Managers and Agents
7 pages (1968 words) , Download 0 , Assignment
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Section 191 of the Corporation Act requires that directors disclose “material personal interest” where there is conflict of interest between the duties of directors and transactions of the company (Corporation Act 2001).... In this case a clear conflict of interest is evident because the two directors were transferring a business that they owned to the company in which they are the directors and it appears that the directors did nothing to address and disclose this conflict as required by law....
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The Infringement of the Legal Duty of the Directors
7 pages (1815 words) , Download 2 , Essay
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“Shareholder primacy revisited: Does the public interest have any role in statutory duties?... In ASIC v Maxwell [2006] NSWSC 105210, fund was raised in violation of Part 6D disclosure requirements and it was argued by ASIC in this case; the promotional and loan documents were deceptive.... Financial Services law and Compliances in Australia.... If a company wants to approach the public for raising capital, it has to file a disclosure document like a prospectus, profile statements, or offer info statements with ASIC, unless there is an exception to the same under s 708 of CA 2001....
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Investigating Incidents within Ones Company by Interviewing Personnel
13 pages (3760 words) , Download 0 , Case Study
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More importantly, it is advisable to start investigations instantly because any delays can be seen as lack of interest or will to investigate and could have an effect on the final defense of an ensuing lawsuit (Lisa 25).... Generally speaking, the paper 'Investigating Incidents within Ones Company by Interviewing Personnel " is a good example of a management case study....
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Childhood Protection and Child Rights, Lex Ferenda- Breaking Cycle of Violence within the Child
253 pages (10068 words) , Download 3 , Essay
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By matching and comparing the definition of a 'child' in law and psychology, one realizes the emerging truth of a lack of understanding in law-making, judiciary, and legal pronouncements as to concepts, such as child vulnerability, child needs, and child resilience.... The paper "Childhood Protection and Child Rights, Lex Ferenda- Breaking Cycle of Violence within the Child" concerns mental health promotion in particular with regard to children who have been through adversities, sexual crime, and harsh conditions such as child labor....
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Islamic Sharia Law in Present Day Nigeria
13 pages (3250 words) , Download 2 , Essay
slam an established system of public revenue based on tax and a judiciary based on the Sharia law and the alkali courts, started presided over by learned Islamic jurists.... While recognizing Sharia law and courts, the British also restricted them in several respects.... The other was that criminal law is a public matter to be implemented by the state rather than by private or social action.... The Islamic jurispudence or Sharia law was allowed to be followed, but people started to practice it by combining the sharia laws with their new existing beliefs and this was obviously in their own interest as they were used to mould their religion accordingly....
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Liberal Democratic Tradition
8 pages (2324 words) , Download 2 , Essay
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America was not only home to free and fair elections but also the rule of law and protection of the people's liberties.... America was not only home for free and fair election but also the rule of law and protection of the peoples liberties.... ?(2010) criminal law, Victoria, vol 1 (at Service 95) [3.... iberals perceive the role of the liberal government that the government was being instituted by the Supreme Being for the interest of the people....
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Biological, Sociological and Psychological Theories of Crime
11 pages (2991 words) , Download 4 , Research Paper
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Role of the Law, Meaning of Crime and Image of the Criminals: In this particular theory, the view of the criminologists, postulates about the character of criminal law and its functions in defining the subject of criminology are considered to be the most important focus in the theoretical explanation.... Brief Description of the criminal law Significance of the criminal law has been a priority to governmental bodies since centuries, to maintain a healthy and sustainable societal development process....
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Change Management in Business
1 pages (250 words) , Download 3 , Article
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In the recent past, change management is a topic that has gained a lot of interest from many scholars.... The writer of this paper states that change management refers to the process of directing business operations to the desired future in line with the organizational goals.... ...
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Government Rules and Public Opinion about Hunting
6 pages (1500 words) , Download 2 , Research Paper
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The general public interest in China is not in favor of hunting activities.... The paper "Government Rules and public Opinion about Hunting" focuses on the critical analysis of the laws and public attitudes in China and Canada concerning hunting.... overnment Rules and public Opinion about Hunting A Comparison between China and Canada China and Canada are two entirely different countries, both politically and culturally.... The influence of religion and politics can be observed in the public opinion of hunting in Canada and China....
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France's Resistance to the Membership of Turkey in the European Union
16 pages (4000 words) , Download 2 , Essay
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The EU strongly believes that Turkey desperately needs to consolidate its democracy and stop the violation of human rights.... Moreover, the lack of Turkish interest in rectifying the current situation of human rights violation has without doubt increased uncertainty regarding the prospect of accession.... Soon after the evaluation was made public the Human Rights Association protested and provided evidence which clearly contradicted the Commissioner's evaluation....
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The Refugee Policy in Australia and Human Services Law
13 pages (3619 words) , Download 0 , Assignment
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Principles of public International Law (6th Ed.... he law in Australia should be made clear as regards its provision on refugee law and should not be ambiguous in its construction.... Children and persons with disabilities are also to be given special interest because Australia needs to make proper laws on how they can reunite with their families and tracing and that they can be detained for a short period of time.... One would seek to claim that it is in the interest of the public to be protected from intruders but this would be going back on their international obligations (Burmester & Reye, 2001). ...
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Human Resource Management Policies
8 pages (2278 words) , Download 2 , Essay
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The employee #1 has requested leave to take care of her terminally ill mother in law and has asked for three months leave which is applicable under FMLA Sec 102 wherein leave can be sanctioned to a total of 12 workweeks or 3 months to take care of the spouse or a son, daughter or parent with serious health conditions along with certification issued by health care provider to support the claim of leave entitlement as mentioned in Sec 103 (a).... If the employer found violating Sec 105, shall be liable to any eligible employee affected for damages equal to the amount of any wages, salary, employment benefits or other compensation denied to employee, the interest on the total amount, and equal relief that may be deemed appropriate including employment, reinstatement and promotion....
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Perspectives of Terrorism
12 pages (2750 words) , Download 2 , Essay
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This treatment is a clear violation of the Fifth Amendment right to due process of law.... As the war has progressed since 2003, the Bush administration has lost much confidence among the American public who are more and more of the understanding to what the rest of the world has known since Iraq was first invaded. ... ? This includes the freedom of speech and assembly (First Amendment); the freedom from unreasonable search and seizure (Fourth Amendment); the right to due process of law (Fifth Amendment); the right to a speedy, public and fair trial along with the right to counsel and to confront the accuser (Sixth Amendment), the freedom from cruel and unusual punishment (Eighth Amendment) and freedom from punishment without conviction (13th Amendment)....
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The EU Amendment of Its Procurement Remedies
13 pages (3350 words) , Download 2 , Essay
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Before the 2007 remedy amendments, there existed two directives that concerned the public procurement; 89/665/EEC meant for the sector of public as well as the 92/13/EEC meant for the sector of utilities.... Among other challenges that were noted before the amendment and which necessitated the amendments was the illegal awarding of public contracts for procurement through improper procedures of tendering as well as the problem of corruption as noted by the EIPASCOPE commission 20061....
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Law, Ethics, and Accountability for Nurses
11 pages (3258 words) , Download 2 , Essay
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The relevant legal and professional issues in the above case can be broken down to: a) the RN's independent decision on the NFR decision – without proper consultation with the patient's physician and in violation of orders indicated in the patient's chart; and in b) ordering the withdrawal of the treatment without proper consultation with the patient. ... Based on these considerations, the nurse was in violation of the patient's wishes.... She therefore is in clear violation of the ethical principle of non-maleficence and should be help legally accountable for her actions....
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Democratic Policing in Reference to Sacramento Police Force
11 pages (3084 words) , Download 0 , Coursework
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Based on this argument the police use of force ought to be limited to public interest protection.... Thus, their actions must be directed by both the consent of the public and the articulated needs of public individually.... As such, the force has an office of public safety accountability complaint.... Thus, their actions must be directed by both the consent of the public and the articulated needs of public individually.... These attributes enables the persons joining the Sacramento police force to partner with local communities in enforcing law and order within the city of Sacramento11....
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International Law - the Biodiversity Australia Advice
30 pages (7760 words) , Assignment
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The paper "International law - the Biodiversity Australia Advice " highlights that the CISG has some provisions which eliminate any written form requirement for the global sales contracts within its capacity.... International Arbitration has predominance in the background of the Australian law (International Arbitration Act 1974, section 7(1)) as well as several cases have been observing this.... The reality of the global flavor of such a contract and transaction might result in the selection of the law to be otherwise than the Australian law;c....
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Campus (college and university) speech codes and the First Amendment (topic and
5 pages (1250 words) , Download 2 , Research Paper
This paper will focus on public colleges and universities and cite some incidents wherein these institutions have disciplined their students based on a cyberspeech made.... ince public colleges and universities are considered as state entities, they are obliged to follow the US Constitution by providing procedural due process and other rights to its students, (Goss v....
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Budgetary Shortfall in the Private College
7 pages (1793 words) , Download 2 , Assignment
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Here, based upon the percentages presented in the Problem, 18, there appears to be no violation of Title IX.... Title IX, in relevant part, prohibits all public and private colleges and universities that receive federal funding from discriminating on the basis of sex in their intercollegiate athletics programs....
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Restorative Justice and Young People. A Professionals View
54 pages (10491 words) , Download 2 , Dissertation
Background study The traditional mode practiced in the criminal justice system is based on retributive justice, which is founded on the 'system of institutionalized vengeance'.... Thus, we find that the present criminal justice procedures are primarily offender-centric, and focus on guilt, sentencing prison terms (punishment), and protecting the offender's rights.... High percentages of reconviction of the released criminals, thus, show that the traditional criminal justice system is lacking in some form (Sherman and Strang, 2007)....
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Human Rights in Europe
6 pages (1770 words) , Download 3 , Essay
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Analysis Definition of public Bodies The Act is not clear on which public bodies it expects to adhere to its human rights provisions, while this definition is clear for government owned agencies and their affiliates, private companies and corporations have argued in courts that the definition does not include them.... White, R, Broadbent, G and Brown, K 2009, law and the social worker, Learning Matters, Exeter.... In its provisions, the law stipulated that every public body should uphold the rights of all individuals, failure to which courts should try those cases in accordance to the convention....
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The Right to Work - Employment Relations Act
7 pages (1750 words) , Download 2 , Research Paper
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Labor unions command high public interest and following and people depend on the organizations to advance their rights and interests to the government and the employers.... Forced unionism is a violation of people rights that deny them the freedom to choose whether to join labor union or not.... As such, no labor union, agents, or their representatives are permitted to collect fee from the public without due adherence to the established laws....
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Public communication
9 pages (2250 words) , Download 3 , Essay
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However the nature of the role of public communication is changing in uncertain ways that leads to speculations regarding their role in the effect on the transformation of the democratic process in the contemporary societies.... he objective of public communication is to transmit messages targeting the public and enabling it to have an overall view, while at the same time is able to retain its distance from the general strategy and the central messages being transmitted by government so that to achieve its goals and policies....
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Case Perspective in Juvenile Justice System
8 pages (2282 words) , Download 4 , Coursework
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If the suspect is needy and cannot afford personal representation, the court will assign a counsel at the expense of public.... Increasing public safety and reducing recidivism through successful reentry programs that allow offenders the opportunity to positively contribute to the community are the mottos of any correctional facility.... The role of law Enforcement Agencies concerning crime and justice, such as police, probation officer, defense attorney, and the magistrate is paramount in identifying the culprit, and deciding the severity of the crime, as well as recommending suitable correctional methods in order to transform the delinquent and prevent a recurrence....
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Following Unethical Military Orders
9 pages (2332 words) , Download 2 , Essay
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This is because, they table their argument that it can never being right to use deadly forces to enhance law and order against people intentionally.... However in other companies issues pertaining to finance are usually overlooked since they are seen as matters of the law and not ethics making ethics a vital financial paradigm.... The policy of cooperation is best underpinned by the realism theory that fosters national interest and security over ideological differences....
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Environmental Law Problem
26 pages (6500 words) , Download 2 , Research Paper
On March 3, 2008, the respondents, Natural Resources Defense Council and Santa Monica Baykeeper filed a complaint against the City of Los Angeles and others, on the basis that the water quality standards has exceedances of pollutants, which would constitute a violation of the Permit standards....
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Most Significant Elements Needed in the Universitys Code of Ethics
6 pages (1914 words) , Download 1 , Report
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onflicts of interest ... mployees must not invest, accept any reward or position, engage in any activities or business deals or otherwise behave in a way that perpetuates or appears to perpetuate a conflict of interest unless they fully disclose all facts and conditions to, and secure the prior written ratification of, the University's audit committee (Job, 2005).... Consequently, it will influence the books and records, financial transactions, finances, and public disclosure of the University....
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What Is Aboriginal Customary Law
19 pages (5401 words) , Download 0 , Essay
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In addition, the aboriginal customary law has no distinct differences between the criminal law and civil law matters in the understanding of the general law.... he concept of responsibility between breach of Australian criminal law and aboriginal customary laws differs greatly.... The recommendation of the report covered areas such as family and marriage matters, child fostering, custody and adoption, property distribution on death, criminal law and aboriginal communities' local justice mechanisms in addition to rights of fishing, hunting and gathering, (Blagg....
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Legal Regulatory Framework for the Sustainable Development of Iraqi Oil and Gas
31 pages (7914 words) , Download 2 , Dissertation
Important items of oil and gas legislation will also be evaluated to the extent that they encourage public participation, and elements of precautionary principles.... This dissertation "Legal Regulatory Framework for the Sustainable Development of Iraqi Oil and Gas" includes a specific discussion of the oil and gas law of the Kurdistan region of Iraq.... 22 - 2007, as well as drafts of Iraqi federal oil and gas law....
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Labeling Theory and Gun Control
31 pages (8831 words) , Download 3 , Essay
This essay "Labeling Theory and Gun Control" focuses on not all crimes that fall within the possession of guns.... It is also observed that with the right-to-carry firearms laws, one can see some evidence of criminals switching from violent crimes to relatively different and safer property crimes....
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Social Structural Theories, Social Disorganization Theory and Cultural Deviance Theory
10 pages (2658 words) , Download 2 , Research Paper
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This has taken the interest of researchers who have since come up with theories that explain why youths adopt delinquent lifestyle and are normally caught by criminal law.... Some of the impacts resulting from this theory include the following: Stigma creation: whenever an individual have a public record of acts of deviance, the denounced individual separates himself or herself virtually from a place of group by a successful degradation ceremonies in a legitimate order....
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A Growing Level of Financial Engineering and Risk Management
15 pages (3750 words) , Download 2 , Research Paper
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The adaptability features of source of law and legal justification for Islamic law were closely examined.... However, some sukuk issuance does not execute a true sale as with asset-backed sukuk issuance due to the absence of property law and bankruptcy law under civil law regimes.... Islamic Finance: law and Practice.... - What are the problems that can arise in adjudicating disputes involving Islamic financial transactions in non-Islamic (common law and civil law) legal jurisdictions? ...
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Human Rights, and the Politics of Immediate in the Palestinian Intifada
6 pages (1736 words) , Download 0 , Literature review
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The article is focused on an archive compiled by the Hamas-run Ministry of public Works and Housing as of the spring of 2009, after the Israeli winter attack on Gaza (Weizman 139).... he parallel between the “book of destruction” and Israeli military's “book of targets in Gaza” (Weizman 141) evidently act as a powerful means of persuading the international public opinion that Palestinians as a whole, and those residing in Gaza in particular, deserve sympathy, while Israel should be condemned for these war crimes and blatant violation of international law (human rights)....
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Women in China
15 pages (4988 words) , Download 3 , Essay
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violation of the freedom of marriage as well as the mistreatment of the elderly, women and children is also prohibited.... The paper "Women in China" highlights that the concept of civil society in China is a relatively new concept since the revolution of 1949.... The older generation considered the Chinese revolution and the party to be the most important issue in their lives....
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Fingerprinting Technologies in Forensics
5 pages (1250 words) , Download 3 , Essay
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This is often seen as a flagrant violation of privacy and civil liberty rights of citizens in a free country, like the United States of America.... urther it was also seen that “The possibility of deriving DNA from the ‘abandoned property' of criminal suspects left at crime scene generated huge interest amongst police investigators.... nt/public/forensic/dna/default.... Crimefighters and forensic experts make good use of DNA profiling by matching DNA profiles found at the site of crimes with the DNA records stored in the database of law enforcement authorities....
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Media Law and Code of Ethics
7 pages (1750 words) , Download 0 , Assignment
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This paper presents an analysis of a case involving copyright infringement and violation of the code of ethics.... his paper presents an analysis of a case involving copyright infringement and violation of code of ethics.... According to clause 5 of the APA statement of principle, information acquired through unfair or dishonest means, or a publication that is in breach of confidence should not be published unless there is an overwhelming public interest....
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Should Federal Bureaucrats be Granted Discretion in the Implementation of Public Policies
4 pages (1131 words) , Download 0 , Assignment
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This assignment "Should Federal Bureaucrats be Granted Discretion in the Implementation of public Policies?... Should federal bureaucrats be granted discretion in the implementation of public policies?... It is staffed with officials based on experience and expertise that put into operation public policies in the country.... It is staffed with officials based on experience and expertise that put into operation public policies in the country....
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The Strengths and Weakness of World Trade Organization
9 pages (2624 words) , Download 2 , Term Paper
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Policies that facilitate the investment process are in the investors interest because these policies help foreign investors maintain an edge over local competition.... This paper critically analyses the strengths and weaknesses of the World Trade Organization.... The WTO has become more and more controversial as it has expanded the scope of its work from its original narrow GATT focus on reducing tariffs on manufactured goods....
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UN Protection of Human Rights: Africa and Aids
18 pages (5290 words) , Download 2 , Essay
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Several of the principles are of specific interest with regard to the current research topic.... f the complex relationship between the public health rationale and the human rights rationale of HIV/AIDS.... This is further emphasised in principle 14 which more expressly states that "International support, from both the public and private sectors, for developing countries for increased access to health care and treatment, drugs and equipment is essential....
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Cyber Sex Crimes and the Law
14 pages (3920 words) , Download 1 , Research Paper
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Though Jane Light, the director of the San Jose public Library, believed this to be a minor issue as she was comparing data from 2.... However, if public areas now have access to public Internet, those desiring to commit sexual crimes now have access to equipment without the necessary filters (in some instances) to block the online violation.... All of these software and technological monitoring activities are designed as deterrents for committing future cyber sex crimes and to protect the general public from predatory activities....
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2010 Gulf Oil Spill: An Examination in Regard to International Environmental Law
8 pages (2000 words) , Download 1 , Assignment
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The international environmental laws are less stringent in that the States concerned are assumed to own responsibility by either full recovering from the polluters or partly recovering from them and paying the rest from out of public money to the extent necessary.... And if for business exigency or any economic reasons, the Government of the country needs to patronise the multinational enterprises such as BP, the Government should step in to meet the cost of damages as a public policy....
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International Commercial Arbitration
17 pages (4593 words) , Download 0 , Assignment
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The important fact that brings this conclusion is that the arbitrator's authority is defined and conferred by private agreement, instead of public law.... s it was mentioned in the afore-mentioned context, the New York convention emphasises the intervention of state in case of violation of fundamental rights of society.... It can be nullified if court of law feels that there is violation of fundamental rights of society.... s Egypt ratified the New York Convention, it is the law of the land that the arbitration can reviewed in case of violation of fundamental rights of the society....
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Police Brutality of the Mentally Ill Suspects
9 pages (2250 words) , Download 3 , Assignment
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Contemporary criminologists have devoted their time to misuse of power, ability of groups to control the behavior of others and shaping public opinion.... Any evidence obtained in violation to the fourth amendment renders the evidence inadmissible and may not be used to prosecute the individual whose rights are violated.... Critical criminologists believe that the law is an instrument of power wielded by those who control society to maintain their wealth....
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Gun Control Debate
7 pages (2156 words) , Download 2 , Term Paper
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The author examines the benefits and disadvantages that are associated with gun control and states that the disadvantages are more prevalent as the process involves the violation of civilian rights.... This situation is not about the possession of guns but the error and the violation of laws by the father of the shooter.... However, the disadvantages are more prevalent as the process involves violation of civilian rights....  law and Neurosciences e Journal 4....
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Ethical Decision-Making Project
8 pages (2060 words) , Download 2 , Essay
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It is noteworthy that forcefully testing the worker will amount to a violation of the independence and privacy rights, which may attract legal proceedings.... Furthermore, looking at the prevailing conditions and circumstances the refusal by the worker to take relevant tests together with coming to work in a condition of intoxication amounts to insubordination and a violation of a certain code of ethics.... The management should consider certain long-term interest for the employee....
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Code of Ethics - Creating, Implementing
11 pages (3310 words) , Download 3 , Essay
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If stipulated by national law and even if so, it must be through collective bargaining.... The codes are there to safeguard both the employees' interest as well as the organizational interest.... It encourages one to act freely from personal interest, prejudice and favoritism to serve organizational goals.... On the mandatory standards fairness is more interested in the conflict of interest situations.... This is one's ability to refrain from decision making process in the case of conflict of interest; lack of discrimination of others addresses nonprofessional issues such as race, gender, and religion, among others (Singhapakdi et al....
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Frances Resistance to the Membership of Turkey in the EU
19 pages (5452 words) , Download 1 , Case Study
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The EU strongly believes that Turkey desperately needs to consolidate its democracy and stop the violation of human rights.... Moreover, the lack of Turkish interest in rectifying the current situation of human rights violation has without doubt increased uncertainty regarding the prospect of accession.... Soon after the evaluation was made public the Human Rights Association protested and provided evidence which clearly contradicted the Commissioner's evaluation....
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Ethics - Abu Ghraib
11 pages (2750 words) , Download 2 , Essay
Sexual abuse and humiliation such as forcing the prisoners to masturbate in public or walk around the correctional facility of Baghdad in Iraq naked were seen on photos and videos gathered by the Army's Criminal Investigation Division (CID) (Benjamin 2009; Hersh 2007).... The Abu Ghraib prison scandal has led to a serious global controversy concerning the ethical implications of physically, mentally, and emotionally abusing the prisoners at the hands of the U....
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Sexual Assaults in Prison
10 pages (2711 words) , Download 3 , Essay
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There is need for an effective policy to ensure total reduction of inmate intimidation and violation of their basic rights by prison staffs.... Since sexual assault in prisons amounts to violation of international human rights law, state criminal law, and the United States Constitution, it is important that prevention measures be implemented against this problem.... All the dimensions of sexual assault in prisons amount to violation of inmates rights as enshrined in international laws and the United States Constitution....
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