Critically assess the extent to which the Court of Justice of the European Union, through its interpretation of EU law, has struck an appropriate balance between the need to respect single market objectives
Case study - 5 pages - European union
European integration was always conveyed by economic motives. The European Coal and Steel Community, the European Economic Community, and the European Union (EU) were founded by economic interests. Since the European Union is a sui generis organisation and is also founded by the law, those...
Mandatory mediation and incentives to settle
Thesis - 8 pages - Social sciences
Mediation has long been thought of as a more ideal mode of conflict resolution than when the parties involved instigate proceedings against one another. In the adversarial model, conflict-resolution is possible; however it is based largely on a concrete and relevant appraisal of the...
Franchising
Essay - 4 pages - Economy general
Franchising is not a new concept. North America was among the first countries to successfully develop franchises in 1886 through the famous example of the Coca-Cola company. Franchises grew slowly during the 1950's but helped many firms expand their operations across borders, like Mc...
Digital Innovation: the Impact of Artificial Intelligence (A.I.) and Automation on Jobs and the Economy
Essay - 3 pages - Computer science
While it is certain that AI and robotics are already automating low-skilled jobs such as the job of the cashier, the argument of the article displays a dystopian and technological determinist point of view. The idea is that AI will destroy more jobs than it creates and that robots might take over...
The unfairness of settlement class action lawsuits
Essay - 6 pages - Civil law
When settlement class action lawsuits followed the rise of mass tort class actions and gained acceptance, they eliminated the ability of plaintiffs' counsel to represent cases fairly, threaten trial as a bargaining tool or protect future plaintiffs from attorney conflicts of interest. This...
Comparative law in a global development context
Essay - 7 pages - Management
Globalization and the changes in different countries to ensure that the different laws formulated meet the policies and laws of other countries have been among of the issues witnessed in the present society. There are changes in the technology, systems, health care, education and all the...
Courtroom standards analysis
Case study - 3 pages - Administrative law
The role of a Judge in a courtroom is very important. The Judge has many different responsibilities under his or her robe. A courtroom Judge is the person who signs the arrest warrants that permits an arrest to occur and the search warrants required for the Police to perform legal searches. After...
Consistence between the English Criminal Justice and Article 6 of the European Convention of Human Rights
Essay - 9 pages - International law
The United Kingdom was one of the original parties to the European Convention of Human Rights and Fundamental Freedoms (ECHR). States which contract into the ECHR are obliged to secure the enjoyment of Convention rights for their citizens. Sometimes positive actions may be required as creation,...
What Do You Expect?
Essay - 2 pages - Film studies
Tony Kuschner's play Angel in America is full of contrasts, disparities, and opposite views. Many things are shown at completely opposite ends of the spectrum. There are many differing opinions and complete disagreements that not a large number of things that are constant and similar in the...
Analysis of money laundering risks in priority banking: A unit if Standard Chartered Bank
Tutorials/exercises - 65 pages - Finance
Money laundering, at its simplest, is the act of making money that comes from Source A look like it comes from Source B. In practice, criminals are trying to disguise the origins of money obtained through illegal activities so it looks like it was obtained from legal sources. Otherwise, they...
Financial Market Offenses and Crimes Against the State in the US
Course material - 6 pages - Economic politics
The French AMF is an independent public authority. It is made of two distinct bodies (the board and the enforcement committee), there is no hierarchy, board members cannot be members of the enforcement committee at the same time. The AMF is in charge of overseeing the protection of savings...
Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? advantages and disadvantages of adversarial and inquisitorial criminal procedure
Essay - 7 pages - Penal procedure
As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the criminal...
Essay on the Rome Convention on the law applicable to contractual obligations
Essay - 13 pages - International law
The Rome Convention on the Law applicable to contractual obligations “applies to contractual obligations in any situation involving a choice between the laws of different countries.” The scope of the Convention is therefore clear; its aim is to regulate contractual relations between...
American Psycho: An analysis using the techniques of MacCabe and Macherey
Essay - 7 pages - Film studies
The meaning of the film American Psycho has been much debated since its release. Is it a glorification of violence? a satire of the yuppie lifestyle of the eighties? a disturbing trip through psychosis? Based on the controversial novel by Bret Easton Ellis, it is most often considered a black...
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...
Foxtel TCO Analysis
Case study - 50 pages - Logistics
"Sourcing in China started with low-tech products but it has evolved beyond that," says Jim Hemerling, a senior vice president in The Boston Consulting Group's Shanghai office. "Now, in addition to traditional products, another huge area is consumer electronics. I believe the next big wave...
A closer examination of the phenomenon of globalization and its affect on India
Tutorials/exercises - 117 pages - Economy general
The term "globalization" has acquired considerable emotive force. Some view it as a process that is beneficial—a key to future world economic development—and also inevitable and irreversible. Others regard it with hostility, even fear, believing that it increases inequality within and...
Comparative law : relationship between law and religion
Essay - 7 pages - Other law subjects
The promotion and securing of peaceful dispute settlement is typically one of the most critical, although difficult, objectives of the international legal system. The fundamental principles as well as methods, which govern the settlement of such disputes today, especially interstate disputes, are...
Understanding due diligence
Thesis - 2 pages - Business strategy
Investigative due diligence is meant to answer questions that official records and financial accounts cannot. For example what about the people managing the company? Do they engage in risky or illegal practices? The business of investigative due diligence is more mundane that can be imagined, an...
Independence and impartiality of arbitrators
Case study - 5 pages - Other law subjects
There is a tension inherent to arbitration that raises the sensitive issue of the independence and impartiality of arbitrators; it is the “tension of an ideal, that is, perfect fairness of the arbitrator, against the reality that the very method by which arbitrators may be selected can...
An analysis of the importance of the existence of limited liability companies in the 21st century
Thesis - 11 pages - Economy general
It is the aim of this paper to analyze the importance of the existence of limited liability companies in the 21st century, as a means of fostering entrepreneurial spirit, and to argue that while the above aim is regarded as essential in the market economy, there is invariably a need for a clear...
The economics of the no-fault divorce law
Essay - 5 pages - Other law subjects
Marriage is a specific kind of contract "based upon a voluntary private agreement by a man and a woman to become husband and wife?. So in a sense, marriage is a contract like another one, the only difference being that the two contracting parties are strictly determined by the law as "only a...
Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? Advantages and disadvantages of adversarial and inquisitorial criminal procedure - published: 29/09/2010
Essay - 7 pages - Criminal law
As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the criminal...
Organized crime in Marseille
Essay - 9 pages - Sociology
Academic literature on French organised crime is scarce. Very few - if not any - criminology departments exist within French universities and higher education institutions. Moreover, public debate is centred on the issues of petty crime and unruly youths, as it was the case during the 2002...
The main differences between the civil and the common law systems
Thesis - 5 pages - European law
The majority of legal authors divide the legal systems in the world into two mains groups : the common law on the one hand and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition and then as a...
Patent law essay - Interpretation of claims and infringement
Essay - 6 pages - International law
The intrinsic nature of patents has rendered interpretation of patent claims inherently problematic. The central issue that has exercised the courts is the appropriate method of interpretation, particularly on infringement claims. Bainbridge's observations of the intricacies of patent...
The FA's news rules on the regulation of player agents: A critique
Essay - 8 pages - International law
On 21 November 2006, the Football Association (FA) approved and implemented the new domestic Football Agents Regulations (the Regulations), which came into effect in September 2007. Whilst it is too early to ascertain the impact of the Regulations on conduct of player agents, they have sparked...
Why has the European Court of Justice been so central to the process of integration?
Thesis - 10 pages - European union
“Law is often still treated as if it were a separate field, clearly distinct from the economic or political spheres” . As the European Court of Justice (ECJ) has never been given a lot of media coverage, most of the time, its role in the integration process is either disregarded or...
Essay on restitution obligations throughout Europe
Essay - 13 pages - International law
Restitutionary obligation is the response to unjust enrichment. Unjust Enrichment at the expense of another must be restituted in order to secure a corrective justice. On this very basis restitutionary, as opposed to compensation, aims to deprive the defendant of a gain rather than to compensate...
Asymmetry of information
Essay - 6 pages - Economy general
In economics, information asymmetry occurs when one party to a transaction has more or better information than the other party. (It has also been called asymmetrical information). Typically it is the seller that knows more about the product than the buyer, however, it is possible for the reverse...
