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22 pages (6999 words)
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Apart from civil penalties, response costs, damages due to destruction, loss, or injury plus interest are leviable under the Act.... The Act provides for the imposition of civil penalties as high as $ 100,000 on any person and each day of violation constituting a separate violation....
The case was thus referred to the ICC by the UN Security Council through Resolution 1593 due to atrocities committed in Darfur (United Nations Department of public Information, 2006).... Human Rights Policy Graduate Workshop: Woodrow Wilson School of public and International Affairs Princeton University , Pg.... nited Nations Department of public Information (2006) Security Council Refers Situation in Darfur, Sudan, To Prosecutor of International Criminal Court....
But, such measures should essentially be prescribed by law and should also be made in legitimate interests of the local community and state authorities.... All such harsh and deplorable realities suggest that though UN indeed made a great effort by introducing the international human rights law and encouraging nations across the world to implement it, still it has remained unable to grant rights as they should have been granted to women in many areas to a great extent....
The paper "The Role of public International Law In Relation to Darfur" highlights that although the principles are wide enough to cover all the problems, what needs to be done is to modify some legislation so that the law of the land will be in line with these principles.... The paper is an essay that critically discusses the role of public international law in relation to Darfur.... Three major areas are put into the spotlight; these are the principles of public international law involved, whether there is a need to modify some of these involved principles and finally the nature of any modification of the said principles as well as the likelihood of the advantages and disadvantages of any modifications....
In this situation, the ACS renders bad citizenship and violation of the law from the individuals involved in the infringement of copyright.... The international codes of ethics such as CSI, ACS, and BCS emphasise on professionalism and consideration of integrity, public interest, competence, as well as adherence to the relevant authority in order to offer quality services.
... In the technology sector, the internet usage and digitization has prompted the government agencies to track companies and the individuals because of the suspected violation of exclusive rights from download of online content....
?? Journal of criminal law and Criminology, 49(6), pp.... While many in society may consider criminal behaviour to be a violation of societal order, those who have such behaviour consider it a form of freedom, which allows them to do as they please (Farmer, 2008).... American law and Economics Review, 4(1), pp.... Tight-knit societies, based on kinship ties and mutual interest, began to unravel as individuals dispersed to other parts of the world in a bid to make life better for themselves....
20 pages (5000 words)
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Meeting of national energy needs should not be at the cost of public health, safety and marine and coastal environments, sea life, property, seabed, subsoil and water.... The solution lies in the Government itself undertaking such huge ventures as a matter of public policy.... in Uhlmann M David (2011) After the Spill is Gone: The Gulf of Mexico, Environmental Crime, and the Criminal Law, Working Paper No 227 January 2011 Public law and Legal Theory Working Paper Series, Michigan Law, University of Michigan Law School
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Censorship is a violation of the freedom of speech.... s this a violation of the First Amendment Rights of a prisoner?... violation of the First Amendment includes a prison ban against sending letters to media that tend to denigrate the management of jails (p.... It is this course of action that can resolve such an issue involving the need of Jail Officers to ensure enforcement of laws against contraband materials and the need of prisoners and Civil Rights groups, defence lawyers, and media for non-violation of privacy as well as freedom of access to lawyers, court, media, relatives, and friends....
It could be argued that sentencing a person to death purely on the basis of the expression of his or her views amounts to a gross violation of the right to freedom of expression that is granted under the Human Rights Act of 1998 that is based upon the principles set out in the European Convention of Human Rights.... This essay will consider whether the right to freedom of expression must be upheld and whether there has been a violation of Streitcher's rights in unfairly sentencing him to execution....
The execution of Osama bin Laden was a moral outrage and a violation of human rights.... he execution of Osama bin Laden was a moral outrage and a violation of human rights.... The police can not say they killed him for self defense, so it qualifies to a violation of human rights act and a violation to Osama's right to live.... Killing Osama in this manner is an outright violation of the law.... The suspect was not armed so this is a violation of humanity rights as well as the individual rights to live....
This essay "International law and Mega Energy Projects" is aimed to study the effectiveness of the international environmental laws and the challenges faced by the energy megaprojects cross borders.... Numerous international investors are showing interest in the energy sector.... Developed countries invest in developing countries for their own interest while this results beneficial for the host country too....
The paper "The Liability of public Authorities for Negligence" highlights that the judiciary seems to find it difficult to come to terms with the ground realities compelled by the Human Rights Convention, as the judges are considered the bearers of common law culture.... he cases cited relate to the liability of public authorities for negligence in the discharge of their statutory duties owed to the pubic.... This was being denied already as public authority not being liable for tort negligence for reasons of public policy....
188-200) notes that it proposes that expropriation, nationalization, or requisitioning will be founded on reasons or grounds of public security, utility, and national interests, both foreign and local.... The paper "Differences and Similarities of International and Sharia Laws" discusses that there are differences and similarities in the way international law and Sharia laws operate.... here is a great difference between the international law and Sharia law in terms of their sources....
n preparing reports however, WIPO (13) clearly states that quoting from copyrighted documents as long as proper recognition of the source is provided does not constitute violation of copyright.... Copyright law and Internet downloading, social boundaries and the Internet Copyright law and Internet downloading, social boundaries and the Internet
... There are motivations in sharing in fact copyright protection was “viewed as offering an incentive for the production of artistic, scientific, and other creative content, while permitting the public to access, use and innovate with such creative works....
13 pages (3250 words)
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The Supreme Court emphasized that evidence seized in violation of the 4th Amendment is considered inadmissible in evidence.... On appeal, the appellate court decided that there was no violation of the Fourth Amendment.... The nature of the situation legally allows for the violation of a person's dwelling in order to successfully bring about the apprehension and the arrest of criminals.... On appeal, they invoked violation of their Fourth and Fifth Amendment rights....
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a guarantee of a fair trial), it is necessary to consider a proper balance between individual rights and public interest (e.... This implies a severe shape and structure of human rights, its goals and activities of public organizations and officials.... If such kind of violation of Human Rights Act and other regulative documents occur, the state's authority and safety will be undermined.... n unprecedented violation of Human Rights Act in UK can be illustrated on the example of the immigration control cases (Stevens, 2004)....
One basic controversy among all the issues discussed or condemned under humanitarian intervention is of violation of human rights whether that was a civil war situation or ethnic cleansing crisis or mass killings or demonstrations but one main commonality was the negation of human rights by the state itself.... Russia and China have a tendency to reject the concept of intervention arguing about the consequences of intervention beside violation of sovereignty....
4 pages (1000 words)
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Yet, as the disparities between the rich and poor increase and government expenditures in different public service departments decrease, corruption becomes serious and pervasive more than ever.... Discussion Corruption in law enforcement is a very serious problem because it is a kind of evil that can render the whole public administration system of a country defunct.... Government acquires the necessary funds to finance the law enforcement departments from public sector and other sources of revenues....
The court had ruled that a reasonable search at its inception may constitute a violation of the Fourth Amendment owing to its intensity which is not tolerable and its scope.... By focusing on the interest of the government justifies the officer's intruding into the private interests which are protected by the constitution and thus arguing that balancing the need for search and seizure pertains the reasonableness test for the law enforcing agents.... mploying the government interest to prevail entails the prevention of crime and its detection, which the fundamental role of an officer....
"Preventing and Solving Crime through Electronic Surveillance and Human Rights" paper analyses the issues surrounding law enforcement use of surveillance systems, the criminal justice view of surveillance techniques, and the conflict between human rights and crime prevention.... Information technology in the criminal justice system for instance increased the effectiveness of law enforcement through surveillance and other forms of high-technology data gathering....
3 The prosecution is under no obligation to reveal material which is irrelevant or relevant because of public interest.... 5 Balancing of public interest and adjudication of public interest immunity claims is impossible where disclosure of material is prohibited by the law.
... public interest immunity cannot attach to materials which are relevant to the accused individual's defense.... 5 “In Australia, the evidence of guilt procured by the illegal or improper police is not an abuse of the individual right, although such evidence may be excluded, at the discretion of the judge, on the grounds of public policy”....
In the event this is not forthcoming, it would be possible for the State, certain individuals or class of people to file a public litigation case against the company and claim damages and violation of public rights law.... here are several aspects to this case that hint at bid rigging and certain norms that do not serve the public interest and at worse, do not benefit customers.... Further, it is also seen that the lack of public benefit does create anti-trust environment for a large section of consumers....
The author of the "Criminal Solution to the Corruption in Libya" paper argues that the solution to protecting multinational corporations from corruption should involve defining vice as a criminal offense punishable through Libyan and international criminal law.... It reveals the necessity for criminal law to get introduced in the economic field as a means of prevention of harmful activity and cons deterrent to abuse.... ffective use of criminal law assures the protection provided by other legal agencies such as civil law that have a weak social payoff....
Below, we explore the elements that constitute violation of the Sharman Act.
... he other way in which the antitrust laws are enforced, and which is of our basic interest for the purpose of this paper is to do with private civil suits.... I did not find violations which would strictly concur with the requisite violation elements for section1as we earlier on stated.... I haven't observed evidence for horizontal price fixing which would be a requisite element for a violation per se....
The mayor had dismissed the policeman for his violation of police regulatory guideline, which states that no officer of the department has the permission to be a political participant or even solicit aid or money for any political purpose.... Further, the public relies on law enforcement agencies and their personnel to have total control about matters concerning security.... aw officers can also not talk candidly in public without risking punishment because negative remarks lead to substandard service delivery to their respective community....
It will further argue that consensual acts in which consent lacks validity should also fall under the scope of the law and the control of private and ‘harmless' behaviours fall beyond the aforementioned categories and is none of the state's business.... This intrusion is a threat to a person's security as well as sets back ‘the interest' that the owner being intruded in maintaining his property which provides him a secure abode.... Philosophy & public Affairs, Vol....
Restorative justice considers crime as primarily harm to the victim, rather than violation of criminal law.... In contrast to the conscience, which is the only internal reaction of the person to the violation of the moral demands, shame is associated with the fear of condemnation of the actions or negative attitude of others towards these actions.... From the paper "Shaping public Opinion" it is clear that the courts may play a role in the enforcement of agreements, considering the cases in which the defendant refuses to plead guilty, and monitor the process in order to ensure its maximum recovery....
The language of public relations is to mitigate concerns of the public.... King was on parole from having done time for robbery and had consumed a few drinks which was in violation of his parole.... In addition, there is evidence in the nature of the language of the reports on these incidents that protection, to an extent, is officially available for those who have indulged in the violent violation of rights for citizens.... Society has become acculturated to believe that the underlying violation of rights is a part of the overriding need for justice....
Cardillo Travel System, Inc, a company whose board of directors is headed by Walter Rognlien, is under the spotlight for serious accounting irregularities.... Being a travel agency, the company signed an agreement with another company known as the United Airlines.... The serious.... ... ...
It also continues to say that the freedom to manifest one's religion or beliefs shall be subject to such limitations as are prescribed by the law in the interest of public safety.... Brownlie, I Principles of public International Law (6th Edition).... The injunction had a unbalanced impact in that in prohibited counseling regardless of age, health or circumstances of the pregnant women, this was because Ireland has a legitimate interest in protecting the life of the unborn....
Amidst widespread public interest directed at the appropriateness.... Amidst widespread public interest directed at the appropriateness and viability of state monitored regulation of computer and telecommunications activities in the Computer Misuse Act (CMA) of 1990 in the past year, were the amendments to the Act came into force last summer that made a crime of ‘making, supplying or obtaining articles likely to be used to commit computer crimes', as well as the parameters pertaining to denial of service attacks (Computing 2009)....
In recent years, the violation of human rights supposedly committed by it has been hounding the company, prompting to become one of the prime examples of how globalization and transnational companies can bring about disadvantages to its local employees as well as to the livelihoods of peoples based in developing countries who supply it with raw materials.... It is apparent that this constitutes violation of human rights.... Human Rights law and Business: Corporate Responsibility for Fundamental Human Rights....
A fatal end is what describes the eventuality of copyright violation of any type.... The violation of copyrights act occurs when the users of these sites fail to create their own unique images and instead takes available images or copies from another website without prior permission of owner of copyright.... The violation of copyright laws in YouTube is mostly due the viral video that lack original contents.... However, this brought complaints from various production industries that accused it of inducement of copyright infringement and the violation of common law of the state that prohibits copyright infringement and unfair competition....
By taking an active role in entities that liaise with regulators, promoting high-quality professional standards and insisting upon high standards of ethical behavior, senior member firm partners can influence the development of their profession, equipping themselves in the process with up-to-date information to enable them to participate in the development of standards in the public interest.... By making it a violation of employment agreement to not report such breaches and violations, the firm gives a clear message to its employees as to how important business standards are....
Establishment of public Company Accounting Oversight Board (PCAOB)
... onduct inspection of public companies
... Analyst Conflicts of interest
... This allows the shareholders and other public to become aware of the accurate and correct status about the performance of various companies in order to make an informed decision about their existing new investments.... This sequence of events negatively affected shareholders' and general public's trust over the reliability and accuracy of financial information as published by companies....
There are pitfalls of entertainment industry in the form of wrongful disclosure of information and violation of copy right and Trademark acts (Biederman et al.... he violation of data protection act (1998) and wrongful recording of events and violation of copyrights in video recording is highly punishable as it was reflected in some previous cases (Elvis Presley Enterprises V Passport videos, 2004).... lso be examined under breech of confidentiality and violation of data protection act (1998)....
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Despite these undisputed facts, Federal Judge Meade instructed the jury that their determination of the violation of law would be based on a finding of whether or not the Defendant crossed the line into the park.... Whether or not the Court sufficiently satisfied the elements in violation of an existing law or statute.... violation of this Act may be committed by any “Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources on public lands or Indian lands unless a permit was issued for such activity” referred to in the Act (16 U....
Retribution when used in crime is the doing away of one injury with another though not literally equal in equality but equal in value to the court system and to the opinions of the public.... Though the word retribution is used here, it is not meant to imply sentencing and punishment rely on the feeling of the victim or the public but on created constitutional laws that are applied regardless of the heinous nature of the criminal action.... This hatred and desire for revenge however should not continue to dominate one's person or life; through various stages of grief and acceptance victims will usually overcome these emotions though time varies with the degree and depth of the violation and also is dependent on whether there was a connection between the victim and criminal....
Due process is enacted under the human rights and thus prohibits the violation of basic rights of the accused until proven guilty (Hartigan, 2003).... The government, at times, abuses the accused individuals and their property, for example by eminent domain for a public purpose without giving the fair value of land.... Until a criminal activity is not proven, the accused will have rights that have to be protected under law, and the investigations will take place by procedural code....
The media has played a major role in bringing forth or into the limelight the violation of human rights that occur in different democracies around the world.... Weak governance is seen evidenced in corruption, public services that are inefficient, and a range of other incompetence.... edia Theory Media effects have been attributed to some theories that characterize the public sphere today.... he last one is liberal democratic theory and media as significant to pluralism and where public opinion may be formed independently....
Dantzker (2005) states that according to Black's law Dictionary police discretion can be defined as “the power to act in an official capacity in a manner which appears to be just and proper under the circumstances”.... n the maintenance of order and in crime prevention police officers play a complex and sensitive role which extends far beyond merely arresting law breakers....
For example, the obligation placed upon States in matters such as apartheid or violation of basic human rights in any aspect would evoke the erga omnes obligation – prohibition of torture was also deemed to belong under this category of obligation.... Therefore he concludes that there can be additional autonomy granted to the people of Kosovo, however this should not extend to complete independence of the territory, since it would be in violation of the European territorial integrity of States.
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"Legally, a crime is any act or omission proscribed by the criminal law and thus punishable by the state through the criminal justice system" (Davies, Croall and Tyrer, 2005) Legal systems in the civilized world - whether in civil or common law jurisdictions -- have, at least in theory, given primacy to the rights of the accused, understanding that ambiguity should be resolved in his or her favor.
... he more serious the crime and the greater the public interest in securing convictions of the guilty, the more important do constitutional protections of the accused become....
This issue not only goes against the public interest and the interest of the accused, it also violates human rights conventions.... Included here will be the right to speed trial and the public interest in a speedy trial.... violation of the principles of the 6th Amendment, e.... It is a major development in the country's criminal law, as is the Saudi Commission for Investigation and Prosecution establishment.... It is a major development in the country's criminal law, as is the establishment of the Saudi Commission for Investigation and Prosecution....
The Chinese government also responded by closing one of the manufacturing plants linked with the Apple because of the mistreatments and violation of law that was prevailing.... One of these reports on violation of Apple suppliers was associated with its Chinese factories where workers were reported of committing suicide because of the mistreatments they received.... He therefore never took keen interest on public grants to charity organizations and other programs that are aimed at improving the well-being of the society....
hrough taking advantage of the existing whistle blowing opportunities, obligations and protections, Allen would benefit from avoiding a possible legal action being taken against him, since the law provides that a legal action can be taken against a supervisor who fails to honor the obligation of disclosing any illegality or the violation of public health and safety measures by an organization (Kohn, 2000).... Under this provision of the law, Allen is protected against any action that the employer may take, in case of expression of opinion or complaint regarding the working conditions of the employees within the company, which is a matter of personal and also public interest.
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Defamatory acts and violation of privacy are torts under Article 6, which primarily deals with violations of privacy and rights relating to the personality.... Whereas, in Reynolds v Times Newspapers Ltd9the House of Lords upheld action of the newspaper as it was deemed to be investigative journalism that was genuinely in the public interest.... The courts were at liberty to employ that standard and to abstain from implementing any law that would contradict Article 10 on the basis of public policy....
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If President Bush and all the other policy makers are convicted of resorting to torture, they must be brought to book and should be penalized with full justification to the US penal code, failing which would be the greatest failure of law and order in our times.... It justified such acts as being legal and “morally permissible”, when they became known in public.... Accordingly, the Bush Administration is punishable by law, as its secret policies on torture are not secret anymore....
ailing to disclose information is commonly a fraud that occurs in organisations mostly perpetrated by the reporting officers and the directors of public limited companies.... DTI is responsible for the disqualification of directors of public limited companies which have engaged in misdeeds.... The report also analyses the responsibilities of various agencies that enhances the rule of law and minimize the prevalence of the same offenses.... Without tangible solutions and remedies, business crime victims would not be reinstated to their original status, this makes criminal law approach to solving business crimes wanting....
There should have been no restriction or oppressions because of gender discrimination and violation of the laws of morality.... Delvin, being a moralist lays stress on the importance of ethics and the revolt of which must be taken in the same patterns as violation of law is considered.... There is a strong relationship between law and moral values.... Collective behaviour is seriously responsible for maintaining law and order situation....