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"Between the Birksian Theory and the Traditional Approach in the English law of Unjust Enrichment" paper explores the concept of unjust enrichment, a relevant and still-developing area of law in the United Kingdom.... Suppose there is no doubt that the law restitution of unjust enrichment exists.... Understanding that the law is inconsistent in terms of the definition of unjust enrichment, Professor Peter Birks created his own scheme of unjust enrichment definition....
In so doing, the paper will analyze all relevant concepts of economics of law and policy, including externality, market failure, and government failure (Gillian et all p.... Basically, we have positive and normative law and economics which highly govern production.... Positive law and economics use economic analysis to predict the effects of various legal rules.... The common concept of efficiency used by law and economics is a legal rule called Pareto efficiency, (Coase 3-14).
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n order to understand the application of the tort law and how the outcomes can affect future lawsuits against others, it is important to understand the different aspects of tort, how they are interpreted, the theory and practical parts of it.... he case of Annetts v Australian Stations Pty Ltd (2003) is one of the cases that brought into international limelight the Nervous shock law and compensation under such cases.... In addition, if the party being sued is a government or public entity, there are several possibilities that people could exploit loopholes to get huge and undeserving compensation for mistakes of their own doing....
Initially this act was effective and protective for the technologies which facilitated infringement, however, the application of law against the new generation of the p2p application with decentralized severs like Grokester and Bit Torrent were difficult, hence the secondary liability on new generation right holders was announced about the litigation against the direct infringer with 30,000 litigations against individuals in United States2.... Nevertheless, it is not the fault of p2p applications for these infringements, instead it is the greedy individuals who are involved in the law infringement....
The indigenous people are found to abuse drugs and alcohol, along with inhaling substances such as paint and petrol, which results in violation of laws under the influence of substances.... Young indigenous people are especially found to commit offenses related to destruction of property, violence and disturbing public order.... Amongst these, public order offenses such as use of abusive language, offensive behaviour, disorderly and drunk behaviour and other such offenses leads to indigenous people being coming in touch with the criminal justice system on a regular basis....
The Journal of criminal law and Criminology.... erhaps there are very few modern developments that have posed a challenge to this notion of the law and the legal system than the advent of the Internet.... More significantly, the problem is that the law and all its traditional structures are ill-equipped to handle this revolutionary form of communication.... This precisely is the problematique brought about by the interface between the law and Internet technology....
Regulators have devised a number of avenues by which the public interest will be served, and not severed by the single mindedness of economic gain or political expediency.... The public deservers to be informed and not manipulated, they must be informed and not merely led....
In the area of public law, even when a child was being taken care of by the local authority under a care order, the child's parents shared parental responsibility with the local authority.... Her death was investigated by the public and created major change in child protection strategy in England.... Usually, it is necessary to have a mission in order to support rules, regulations and improvements so as to make sure that the rights secures each child and the children are no longer at jeopardy of violation....
"Australia law Research: Restitution" paper examines the unjust enrichment from the perspective of different ideas on the subject as they evolved over years.... As this was an Essay on Australian law the cases in Australia were considered and then the cases in the places of common law were examined.... In the case of Australian authority, this principle was substantially established, but it was not like this in the case of a common-law state; the English Authority....
Section 180 considers that when directors make decisions that do not involve their direct interest, then they are acting in good faith and in the best interest of the corporation.... he decision by the House of Lords in the matter of Regal Hastings v Gulliver [1942] should be disputed as it omitted the arguments on the conflict of interest and duty of directors and equitable principles.... dditionally, the ruling seemed to have omitted the argument on the conflict of interest and duty of directors....
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As a result, health care marketers must conform to the standard ethical policies to prevent violation of the trust.... This development, in consort with the consumers' rising interest in controlling their expenses, has substantial insinuations for hospital and health care marketing experts.
... Basically, health care specialists have a legal responsibility to provide directions in the best interest of the patients' welfare.... Apparently, the domain has grown from a simplistic dependence on public service promotions to a more refined methodology which draws from effective systems engaged by commercial marketers....
5 According to Lessig as mentioned in the literature review therefore regulation by technology bears the risk that legal standards are set by technologists and therefore raises the question of how to protect fundamental values and how to protect public interest values such as fair use exceptions from copyright.... Within months 50 million people were using a service which was a blatant violation of copyright laws.... They also gave some useful insights on the current desirability of the copyright law and it should be said at the outset that these were some very interesting insights.
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Since there is no enactment of international law as such, only by the customary law and equitable principles, it can be decided whether an expropriation resorted to by the host state is justifiable or not.... ith this perspective, this paper will examine the customary law and various instances of expropriations across the world and interpret them in the light of competing views of the parties involved.... The paper "Capital-Exporting and Capital-Importing Countries" states that although international law based on the principles enunciated by Cordell Hull is still valid, the Bilateral agreements are more explicit and detailed ruling out chances of frictions between the host state and investor-state....
The recent Conference of the Parties (COP/15) to the United Nations Framework Convention on Climate Change (UNFCCC) in Copenhagen, December 2009, concluded in a regime of strategic planning in finance, technology, operations, law and policy.... Exigencies in the global energy market in the past nine years have been in part to the energy sector's convergence with the environmental securities markets, and the carbon market in particular....
The decision was that race can be one of many factors considered by colleges when selecting their students because it furthers “a compelling interest in obtaining the educational benefits that flow from a diverse student body.
... made it unconstitutional for the schools to be segregated ones and allowed the African Americans to gain access to the public High schools that the whites had access to.... he public Opinion
... he public opinion of the African Americans in this regard has always been shaky....
re-charge detention which was passed into law at that time also allowed fourteen-day detention of individuals in terrorism cases which compared to any law was the longest in detention of individuals before trial.... "The Measures of Governments to Counter-Terrorism and Their Effect on Human Rights" paper argues that the state laws and the international laws should work hand in hand with the requirements of the international human rights standards to establish compatibility....
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n most organized societies, there exists some form of law and order in order to protect its citizens from both internal and external threats.... But the extent to which citizens can take law and protection into their own hands can be questionable and even controversial.... criminal law, Jones & Bartlett.... Looking for Trouble: Framing and the Dignitary interest in the Law of Self-Defense, Ohio State Law Journal, 71(2).... he apparent general public opinion on the topic is in favor of stricter gun control laws....
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Equal Employment Opportunity Commission (EEOC), sexual harassment is a “form of gender discrimination that is in violation of Title VII of the 1964 Civil Rights Act” (workharassment.... Vinson, the Supreme Court observed for the first that sexual harassment is a violation of Title VII and made employers more liable for sexual harassment at the workplace (as cited in EEOC Enforce Guidence, 2010).... If anyone retaliates against the person who reported a sexual harassment situation, it would constitute the violation of federal law (US Department of State)....
Noting that the UNSC was established “at the dawn of the nuclear age,” he made a passionate plea for the world to unite together to demonstrate that nal law is not an empty promise.... At the recent historic summit meeting of the United Nations Security Council (UNSC) held in New York on 24 September 2009, United States President Barack Obama, who presided over the meeting, called on the thirteen Heads of States to pledge their support to tackle....
Xerox was charged with violation of disclosure requirements.... o escape from the charges and recover their customers, Xerox reported that it discovered an error when calculating a certain non-cash interest expense.... This was from a debt instrument and interest rate swap agreement.... This led to an understatement of its interest expense from $5million to $6.... Instead, the senior leaders agreed to pay $22million for interest, disgorgement and penalties....
These problems directly tie in with growing evidence regarding the negative health consequences of consuming more than a certain limit of these beverages and the responsibility of public disclosure.... Delays, therefore, may be interpreted as a violation of this agreement and, if delays are regular and extended, they may have economic repercussions on the service user.... They are quite likely opposed to the reformation of the law and given their influence, may stand as a formidable obstacle to its reformation.
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However if returns to scale, imperfect market, public goods etc are considered, there can be some justification for the subsidies.... 203) The idea of subsidy undertook for the first case during the Uruguay Round and the definition of subsidy following the WTO law is very much motivated by the explanation of the US law....
This is mainly because the Code Enforcement Officers carry out their tasks in an effort to achieve the objectives of the State governments on violation of and adherence to state and municipal codes, among others.... part from being professionals, Code Enforcement Officers are communicators, educators, community advocates, public servants, problem solvers and zoning and housing inspectors.... In addition, since Code Enforcement Officers are public employees, the state governments stand to benefit from this paper....
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The concept of rights in America is often misunderstood, as is the concept of what are referred to as “Constitutional Rights.... ?? Since it is widely recognized that the Supreme Court is arguably the “supreme power” in the US, we check to see what they think about the.... ... ...
public opinion polls have continually shown an overwhelming opposition to illegal immigration as well as for the concept of amnesty.... llegal immigrants receive more from public monies than they contribute which lowers the standard of living for legal citizens.... The children of illegal aliens do not have to prove citizenship to attend public schools which has resulted in overcrowding – a tremendous sapping of resources.... ongress is under tremendous public pressure and is attempting to undertake the most extensive renovation of the country's immigration laws in four generations....
Moreover, to strengthen the ruling of the court, Justice Marshall provided two prong tests concurring with the court's ruling that determines the actual nature of a reasonable expectation of privacy: (1) A person must exhibit an actual expectation to privacy-thus, for a person claiming violation of the Fourth Amendment right he/she must demonstrate a subjective expectation to privacy.... constitution grants protection to individuals against unreasonable searches & seizures thus requiring police obtaining a search warrant to allow them to wiretap a public phone booth (Katz v....
1999) Thus it follows that it is acceptable to spend other people's money in light of public interest.... The ‘occupy wall street movement' is a manifestation of this paradigm shift of public opinion from unregulated free markets to relatively regulated markets.... The government being a representative of public interests has to ensure that the economic system caters to the needs of a majority.... (Standford University, 2007) It was only after a host of public complains created an unavoidable situation of policy shift, that Walmart sought to to being change....
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The positivist theory has the same conclusion; that is, the law is a valid law, “but if the duties it imposes are duties in violation of the demands of justice, it will follow that the moral issue whether or not to comply is prima facie an open one” (McCormick 1994: 109).... Natural law and natural rights.... Housing homeless persons: Administrative law and the
... Natural law and the separation of law and morals....
For example, blacks are more likely to commit and recommit offensive behaviour because they may have developed a perception that the law and its enforcers treat them differently.... The interest in the effectiveness of the justice system in reforming the individual gave rise to a wealth of literature particularly in the subject of re-offense.... The interest in determining the tendency of an individual to commit a crime again has given rise to several studies concerning recidivism....
MF, which claims a membership of 23 million worldwide, threatened in a letter to the Sony corporation chairman in Japan a public campaign "to taint the image" of Sony for its "serious human and labor rights violations" in Indonesia.... raakman, 1999, Vicarious and Corporate Civil Liability Harvard law School can be found at: http://encyclo.... 4 HP understands is there is a lack of accountability and transparency in the management structure then a single employee's actions can open up the company, relevant managers and himself to civil and criminal actions; therefore an appropriate management structure needs to be adopted to ensuring accountability and efficiency into the organization....
Checking the violation of ethics through the Internet is extremely difficult.... It should be noted that empirical evidence can, often, be differentiated, from the findings of the qualitative research mostly because of the following two reasons: a) the findings reflect the actual view of the public, i.... This strategy has been used for eliminating costs but has led to another implication: public is often given a false impression in regard to the actual potentials of a specific organization....
4 Awards can be challenged based on various grounds; most of them typically referring to excess of mandate, errors in procedure, invalid arbitration agreement, and violations of public order.... In this case, the fact that the parties have already agreed upon the terms of their dispute and settlement, may already be considered a waiver of the right to challenge the awards based on the above grounds, except on matters which disturb the public order16.... This essay "UNCITRAL Model law on International Commercial Conciliation of 2002" discusses a solution to the issue of confidentiality is not one that is readily available – not in the courts, not in the arbitral institutions, and certainly not among the disputing parties....
Belgium and Greece,10 is one that put focus on the violation of Article 3 of the ECHR.... 3 Under the ECHR, any individual could claim to be allowed to stay in the UK if their removal would constitute a violation of their human rights and said individual will never be expected to voluntarily return to his country.... In cases where an individual performs an immigration decision made by public authority as provided in s.... Kibi's in the sense that it touched greatly on the European Convention on Human Rights violation, particularly those of Articles 2 and 3....
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Telecommunication mergers, on the other hand, are additionally subject to review by the Federal Communications Commission (FCC) under the commission's public interest standard.
... Companies such as Sprint opposed the merger for perceived violation of antitrust laws by creating a duopoly in the market.... Communications law and practice, Volume 1.... Companies are expected to meet certain social responsibility requirements so as to maintain a favourable public image....
The ancient way of discipline was then composed of public killing of the criminals and rigid daily activities for the prisoners though the penalty for crimes may differ from one another.... public viewings were once very common as the executioners deliver the punishment upon the accused.... Everybody saw the activity and it served as a public discouragement of committing any societal harm and crimes.... Also the enclosure increased as the reformists tend to avoid the infliction of actual and public physical pain, but the invisible pain are still felt as people go from one compartment to another like home to school to military bases and then to factories and hospitals....
The Jews themselves reacted strongly enough against the new religion which they regarded as striking at the very foundations of their law, and their opposition would have been far more formidable than in fact it was, had they not been temporarily annihilated politically after the destruction of the Second Temple by Titus in 70....
For example, blacks are more likely to commit and recommit offensive behaviour because they may have developed a perception that the law and its enforcers treat them differently.... The interest in the effectiveness of the justice system in reforming the individual gave rise to a wealth of literature particularly in the subject of re-offense.... The interest in determining the tendency of an individual to commit a crime again has given rise to several studies concerning recidivism....
Incentives for private sector investment include low interest rates on loans, subsidized loans for start-ups in high potential sectors, and in innovation and R&D.... daptability in sending representatives; a different workforce has its points of interest, particularly amid happy and occasion periods where associations can minimize planning clashes.... Therefore, an increased cooperation and coordination between the public and private sector will be indispensable to solve the job shortage....
This power is often exercised for purposes of public benefits, such as taking private lands for building roads, canals, bridges, schools, highways, and other public utilities or infrastructures.... This power is often exercised for purposes of public benefit, such as taking private lands for building roads, canals, bridges, schools, highways, and other public utilities or infrastructures such as airports and seaports.... This power is exercised for purposes of compulsory acquisition of private property through a legal process known as condemnation proceedings but the private owners are also entitled to due process of law and at the same time covered by the protections of the Fourteenth Amendment of the U....
5] "Iran, International law and Nuclear Disarmament", by David Krieger, February 2006.... Even the results of so many treaties and meetings on banning nuclear weapons have not yielded encouragement of a considerable amplitude and one inclines to conclude that with the progress made so far in this direction and with sustained efforts to mobilize public opinion against building nuclear stockpiles, renunciation would be an impossible feat.... Kirgis, The American Society of International law (ASIL) Insight, dated: August 22, 2005....
For example, the purpose of UN is to offer security, ensure economic development and observance of human rights and its International Court of Justice arm is the legal authority mandated to ensure non-violation of rules.... It also emphasizes on equality under the protection of the law and universality hence private property ownership is encouraged.... has to use military threats or force to force nations to uphold peace or it sometimes may be driven by self-interest....
This NGO has been very active in promoting the women's rights and justice as well via documentation of incidences of violation of these rights and freedoms, making exchange of skills possible, enhancing communication mechanisms, increasing knowledge to manage situations and to help each other on how to triumph over the gender disproportion (Ishkanian 2008)
... Local non governmental organizations have been very important in Latin America as national interest groups have put up a combined effort to conserve the environment and currently even those that were previously not interested in ecological issues are currently participating(Guilhot 2005)....
According to this view, the provision of public services is a matter for elected representatives.... The companies, like Thames Water company in this case, must produce a corporate responsibility report which should be looked with scrutiny chartered accountants, certified public accountants and the like.... epresentative Self-interested Corporation identified as no 10-2003 International Centre for Corporate Social Responsibility Research Paper Series ISSN 1479-5124, Nottingham University Business School, United Kingdom which was done in the year 2004, they stated that "There continues to be increasing public and governmental concern regarding business ethics and corporate social responsibility or CSR....
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Introduction: In most organized societies, there exists some form of law and order in order to protect its citizens from both internal and external threats.... But the extent to which citizens can take law and protection into their own hands can be questionable and even controversial.... The apparent general public opinion on the topic is in favor of stricter gun control laws.... Another view is that the public is not relatively informed about the issue....
he 'Borstal Philosophy' was based on the regimes of public schools, advocating discipline and work training.... There is no 100% when it comes to law and the enforcement of it, take a look at Karl Holmolka.... MSO 1994 J HOLT No Holiday Camps - Custody, Juvenile Justice and the Politics of law and Order Association for Juvenile Justice 1985
... However, under present circumstances the media has shifted it's focus from the children in trouble, to menacing youth whom the public should fear....
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Any violation of the Regulations attract penalties and fines.... ??Individuals are prohibited from using the Internet to harm national security, disclose state secrets, or injure the interest of the state or society.... China's primary goal is to exercise a measure of control over public opinion.... (Lau, 2005) Historically, China's information control policies were characterised by a stranglehold on the media with respect to public communication and denying the masses the “right and means” to access uncensored information from outside sources....
This has allowed big corporations with strong financial muscles to exploit this legal system to intimidate media houses to prevent them from publishing legitimate stories that are of public interest.... The act of bribery of public officials is illegal according to the US's Foreign Corrupt practices act.
... The inquiry was opened with this Leveson quote “the press provides an essential check on all aspects of public life.... his doctrine was considered a violation of the press freedoms enshrined in the constitutions.
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The concept of public interest is essential in our discussion as it is viewed as the heart of genuine advocacy for social change.... The members of the parliament represent the people and therefore they have a duty to protect public interest.
... Power-holders have more direct influence in the short-term rather than that of public opinion (Ricketts, 2012).... To determine the timelines, it is essential to find out information about government approval procedures, avenues for court action, legislative timetables, prevailing laws, and methods of public consultation....
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The reputational driver refers to the greater pressure from the public and the investors for strict guidelines for ensuring sustainability.... This research paper "The Return on Investment of Sustainability" presents elements relating to the possible investment in the Chilean mining industry by Veolia....
The factors include intimidation, self -interest and the like.... The auditing rule states that the auditor must not have any material self interest in the clients.... An auditor has self interest if the auditor, the auditors spouse and children owns a share of stock or two in the audit client(Pollitt et al....