International law and normative unity
Thesis - 5 pages - International law
In the Supreme Court of Canada's 1993 judgment in Hunt v. T & N Plc, Justice La Forest laid down the following goal to international law : “develop (…) co-ordination in the face of [the] diversity” of the international system. In other words, international law has to reconcile the...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy?
Thesis - 5 pages - Business law
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties) Act...
The impacts of the common agricultural policy (CAP) in France
Thesis - 10 pages - Administrative law
The CAP is often considered as a debate of the specialists since this is a very complex and technical topic, but nowadays there is a huge public debate on this policy which is one of the most important European policy and also one of the most expensive one. In May 2006 there was the biggest...
Côte d'Ivoire and the ONUCI
Thesis - 10 pages - Administrative law
Located in the western part of Africa, notably surrounded by Liberia, Mali, Burkina Faso, Guinea and Ghana, Côte d'Ivoire constitutes an isolated case in the African History of the twentieth century. Indeed, considered as a model of African success from its decolonisation in 1960 until the...
The power of eminent domain in the United States of America
Thesis - 4 pages - Constitutional law
Since its self-declared independence in 1776, the United States of America has always shown its will to become a grand nation. To fulfill this dream and set itself up as one of the greatest powers in a various domains on the international scale, it has gone through centuries of expansion. As a...
Who has the rights? A case I attempted to salvage
Thesis - 5 pages - Civil law
Some of the US laws seem to exist solely in order to confuse and discourage us from petitioning or adequately defending against lawsuits. It certainly appears for every law there is, another law can be found repealing, invalidating or disallowing it, under ‘special circumstances.' What...
The complicated reasons for Lincoln's first emancipation proclamation
Thesis - 6 pages - Constitutional law
On the eve of the American Civil War, the key issue in the run up to the election was whether or not slavery would be extended into the new expanding territories and states opening in the West. (McPherson, 1988) This same issue sparked the misguided attack upon the South by John Brown and a few...
Evaluation of the national child benefit act: Critique and policy suggestions
Thesis - 10 pages - Constitutional law
Introduction - This research paper will present an evaluation of the 1997 Federal National Child Benefit Act. The NCB was introduced as a way to aid poor working families which include children override income disparities which exist between them and families in higher economic brackets. Research...
Theories and case studies on copyright issues in a digital environment, logo infringement and patents
Thesis - 11 pages - Other law subjects
Locke propounded the theory that protection of property is to justify it as a reward for the labor put in to create / generate it by the creator. Locke started his theory with the presumption that ‘every man has a property in his own person'. Locke claims that an individual's labor belongs...
Information technology related intellectual property rights: Discussed using various case studies
Thesis - 10 pages - Other law subjects
Ms. Rukmini residing in India has taken photographs of small children as a professional photographer. The photographs are taken on the theme of expression of babies. As is present in India, children are like God and hence it does not matter if the photographs are nude. This was an issue in USA as...
Theory and practice: Civil disobedience and the pursuit of justice
Thesis - 4 pages - Civil law
In the Crito, Socrates makes an argument against the notion of breaking the laws even if they are judged by the public to be unjust. This is because by disobeying the law, one is in effect “attempting to destroy... the laws, and indeed the whole city” (Plato 53). Socrates continues...
International criminal courts: An historical and sociological overview of supranational criminal justice
Thesis - 5 pages - International law
The notion of individual criminal responsibility under international law is a recent phenomenon. Many different mechanisms have been employed including domestic courts, the International Criminal Court (ICC) as well as ad hoc UN tribunals and new “hybrid” or internationalized courts in...
Hair and fiber evidence
Thesis - 4 pages - Criminal law
Most trace evidence found at a crime undergoes forensic analysis for two main purposes: identification and comparison. Often tiny strange particles are found, and testing for identification purposes establishes exactly what the material is. Obviously, this is a vital step in determining if...
Fair labor
Thesis - 6 pages - Labor law
“A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.”1 When considered in the context of globalization and modern capitalism, Churchill's words are oddly disturbing. As the global population continues to grow, unemployment and...
Patrice Lumumba: American foreign policy and cover-ups
Thesis - 6 pages - International law
Historically, the foreign policy of the United States has been such that one event has integrated itself into effecting the majority of events to follow. The case of the United States foreign policy in the Congo and, specifically, the assassination of Patrice Lumumba is no exception. This...
Death penalty administration: Racially biased?
Thesis - 9 pages - Civil law
More than 350 people have been executed in the USA since 1990. The U.S.A. has the highest known death row population on earth at over 3, 300. In 1997 the USA carried out 74 executions--the highest number for the last four decades. Only China, Saudi Arabia and Iran were known to have executed...
A discussion concerning the belief that 'Judges do not make law - they only declare it'
Thesis - 6 pages - Civil law
The function of a judge in any legal system remains a true phenomenon even today. Barristers, solicitors, law students and the general public often question the precise role of a judge ? puzzled over whether judges are authoritarian law-makers, or if their profession makes them mere declarers or...
A paper concerning assessing the value of legal Tribunals
Thesis - 4 pages - Civil law
It has become the case that over the course of the 20th century an ever-increasing number of tribunals have come into existence alongside the ordinary civil courts, dealing with a wide variety of disputes, usually between the citizen and the state. Although tribunals do not adjudicate in all...
A critical discussion and analysis of 'The Rule of Law'
Thesis - 5 pages - International law
Central to the general idea of the Rule of Law is the specific intention that it involves the rule of the law rather than the rule of the people. Judges hold a position of central importance in the relation to the concept of the Rule of Law. They are expected to deliver judgment in a completely...
Formalizing plea bargaining in justice and equality in the English legal system
Thesis - 6 pages - Other law subjects
Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to ‘the exchange of a guilty plea for a reduced charge or some hope of a reduced sentence.' In other words it is an agreement between the prosecution and the defense...
Whereas the crucial importance of freedom of expression/freedom of the press cannot be in dispute, some feel that the development of the "Reynolds defence", has gone too far in relegating the role of libel laws to a position of secondary importance
Essay - 4 pages - Public liberties
In most areas where the tort law exists, the concentration is mainly with regard to the protection of personal safety against harm caused by physical interference. The tort of defamation is however concerned with protecting the claimant from harm caused by harsh words (harm caused verbally)....
Brown v Mississippi
Case study - 8 pages - Criminal law
Friday March 30th, 1934. A sixty-year old White planter from the Giles community in Mississippi, Raymond Stewart, was found mutilated at approximately 1 o'clock that day, in his house. The police had discovered his body, and requested a physician come. The wounds, large gashes that looked...
Violence against women
Thesis - 5 pages - Criminal law
Despite the fact that women are much more likely to be killed then to kill, women charged with the murder of their violent male partners are further victimized by a legal system that has been constructed, interpreted and implemented to fit men's experience and homicidal responses. Current...
Discussing and analyzing Restorative Justice: Victims' rights and the future
Thesis - 6 pages - Other law subjects
Restorative justice has become mainstream following the establishment of youth offender panels last year under the Youth Justice and Criminal Evidence Act 1999. It is no longer just another possible option available in some places at various points in the criminal justice process. However, there...
The defense of provocation: The implications of the House of Lords' decision in Morgan Smith [2000] 3 WLR 654
Case study - 5 pages - Criminal law
The defense of provocation is a partial defense, pertinent only to murder. If successfully pleaded, liability is reduced to manslaughter. For the defense to succeed there are three requirements: (i) There must have been some act(s) or word(s) of provocation (ii) The defendant must have lost his...
Consumer Protection Act of India: When the consumer is a king
Thesis - 31 pages - Other law subjects
A consumer is a user of goods and services. Any person paying for goods and services which he uses is entitled to expect that the goods and services are of a nature and quality promised to him by the seller. The earlier principle of "Caveat Emptor" or "let the buyer beware" which was prevalent...
The Information Technology Act 2000
Case study - 22 pages - Other law subjects
Connectivity via the Internet has greatly reduced geographical distances and made communication even more rapid. While activities in this limitless new universe are increasing incessantly, laws must be formulated to monitor these activities. Some countries have been rather vigilant and formed...
Cyber law in India
Case study - 33 pages - Other law subjects
Since the beginning of civilization, man has constantly adapted himself to the changing circumstances and scenarios to usher in new eras of development and progress. Every stage in human history has been important in its own way. However, if today we look back in retrospect and try to analyze...
Law of copyright with amendments and case studies showing infringement
Case study - 23 pages - Other law subjects
The first copyright act in India was passed in 1914. It was a replica of the English copyright act of 1911. The act, presently in use was legislated in the year 1957 and is known as copyright act of 1957 and was amended with the copyright act of 1999.It adopted many principles and provision...
The development of the welfare state and the National health service in Britain
Thesis - 12 pages - Labor law
The Poor Law of 1601 was introduced as a response by the Government to rising levels of concern over how 'the poor' should be supported. As a result of several poor harvests, and soldiers returning from war there was increased vagrancy, which concerned the Government who were...
