...International law 1. At the beginning of this course we looked at the functions of purposes of laws, such as protection from violence, a mechanism to settle disputes etc, we need to extend the rule of the law to the international level for the same purposes. 2. International law involves relationships among states (countries) not individuals. 3. There is no world government to enforce the laws. The closest thing is the un security council which can make resolutions to end armed conflicts but the un has no police or troops of its own to enforce these resolutions. It has to member countries to volunteer troops to intervene to stop conflicts. These countries may only volunteer if they feel it is in their best interest as well. Eg the un could not only get countries to send troops to stop the genocide in Rwanda, but the Americans were quick to volunteer in 1991 when Iraq invaded Kuwait because oil interests were at stake. Today most UN peacekeeping missions are done by 3rd world countries. 4. Way back in history, the term sovereignty referred to the power of a sovereign (king or queen) to make over his territory without interference from other states. Today modern forms of government inherit that save sovereign power to make decisions for their own country. Sovereignty cont’d 5. Way back in history, the tem sovereignty refers to the power of a (king or queen) to rule over his territory without interference from other states. Today modern forms of government...
Words: 721 - Pages: 3
...Harry Fryman 11/14/2012 BUSINESS LAW I, SECTION 321A Evaluating Punitive Damages America’s society operates in a way in which crimes and torts are inevitable. The means in which society assimilates this nature is through the use of our legal system. It is commonly known that in civil litigation, the purpose punitive of damages is to punish the tortfeasor and to prevent him or her from performing such conduct. Punitive damages are to be paid by the tortfeasor to the victim. Aspects of punitive damages can vary from state to state, such as the amounts in which the tortfeasor owes to the victim. The purpose of punitive damages may be just in nature, it is however susceptible to exploitation and deception through instigation and other means by the victim. The notion of exploitation and deception in society is not just at all, it is in fact the source of corruption. In order to avoid corruption in society, it would be best to remove the source of this corruption, by altering the law in which the victim does not receive punitive damages. According to Victor E Schwartz, “In their origins, punitive damages were a helpful auxiliary to state criminal Law.” The very nature of punitive damages appears to be an incomplete method of judging as it may punish the guilty at hand; it also fails to recycle the damage in a proper manner. The first issue at hand with punitive damages being rewarded to the victim of a certain case is figuring out how much is being rewarded. Drastic...
Words: 1194 - Pages: 5
...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
Words: 3956 - Pages: 16
...Women and Minorities Obtaining Executive Positions Doreatha Stokes AIU Online Instructor: Dr. Sharon Felton Unit 3 Individual Project/Argument Draft Abstract This thesis first draft will detail an argumentative pattern of development to include the thesis claim, supporting reasons and evidence regarding the idea that women and minorities have the ability to obtain an executive position if they strive to succeed. This paper will demonstrate the use of formal tone and style, while avoiding any personal pronouns of why women should not allow negative influences to deter them from reaching their highest levels of perfection. This paper will display cited and researched information regarding the need for women and minorities to continue to hone in on their strong points, and the need to continue to pursue their strengths while helping to make a change in the way society views them in the work force. Recognizing the very thought that some organizations do not support or guarantee that there would not be some form of bias or bigotry, this paper will display alternatives to insure more effective way to control this very issue. Statistics will provide conformation that no one should allow negative influence to stop them from reaching their goals as an executives. Thesis It is commonly known that in today’s society women are viewed as homemakers, and caregivers. When encouraging women to stay in the workplace it can seem as family unfriendly, says Lynn Utter, (2006) chief...
Words: 2406 - Pages: 10
...Death with Dignity Act Esther Harris November 29, 2015 Business Law – BA3310 Death with Dignity is a very controversial subject that has spanned many decades and continues to spark great debate from both sides of the subject. Death is a very personal matter, and those who support that law believe that a person should be able to die with dignity if he or she chooses to do so. Those who oppose the law believe that there should not be any human intervention into the process of dying. There are two distinct sides of the debate, but people should have the choice if he or she chooses to do so. Death with Dignity should become a legalized process throughout the United States. HISTORY Death with Dignity laws in several states allow mentally competent, terminally-ill adult residents to voluntarily request and receive a prescription medication, from a physician, so they can die in a peaceful, humane manner in a place and time of their choosing (Death with Dignity, 2015.) In layman’s terms, a person who is eighteen years or older and has received a terminal medical diagnosis, with less than six months to live, can request for a physician to provide him or her with a prescription of pentobarbital, which can be used at the patient’s discretion to end his or her life. Some states require that the patient request the medications in writing and then again verbally, while others only require the patient to make a verbal request. The patient’s primary diagnosis must be validated...
Words: 3359 - Pages: 14
...Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection. I INTRODUCTION Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) * Associate Professor, School of Law, Deakin University, Australia. 132 D EAKIN LAW REVIEW VOLUME 13 NO 2...
Words: 21777 - Pages: 88
...Введение в Политологию Программа учебного курса Российская экономическая школа, совместный бакалавриат РЭШ-ВШЭ, весенний семестр 2014 года (64 часа в аудитории) Преподаватель – Балалаева Дина Яновна, Ph.D. Занятия: лекция - среда, 15:10-16:30, семинар- 13:40-15:00 Консультации – TBA Компетенции, формируемые в результате освоения дисциплины: В результате освоения дисциплины студент должен обладать следующими общекультурными (ОК) и профессиональными компетенциями (ПК): ОК-4, ПК-8, ПК-9 Общий объем аудиторных часов – 64 в том числе: лекции – 32 часа. практические занятия - 32 часа. Промежуточный контроль – статья. Краткая аннотация Данный курс по «Сравнительной политологии» охватывает наиболее важные темы дисциплины и прослеживает развитие методологии от сравнительных кейс-стади до крупномасштабных межвременных исследований и экспериментов на местах. Почему, в среднем, самые богатые страны – демократии? Или, заимствуя вопрос Л. Даймонда (2010), почему мир не знает ни одной арабской демократии? Почему авторитаризм не помешал (помог?) «азиатским тиграм»? Насколько устойчивы гибриды? В чем «секрет эффективности» парламентской формы правления? Почему страны с пропорциональной системой выборов больше тратят на социальные расходы, чем страны с мажоритарной формулой? Производят ли федерации больше технологических инноваций, чем унитарные государства? Каково оптимальное...
Words: 5430 - Pages: 22
...2 Negligence: The Basic Principles of Duty of Care The arrangement of this and subsequent chapters Negligence is a large and amorphous subject, and all parts of the law on it are interlocking. It is often difficult to understand one part without having studied the whole, and therefore in arranging the material I have decided to set out the basic principles first, leaving the more sophisticated developments until later. Accordingly the next three chapters on duty, standard of care, causation and remoteness of damage aim to explain the basic negligence action, principally in relation to an action for personal injuries or property damage where the concepts are easiest to understand. More difficult duty problems, such as liability for statements or for pure economic loss, will be dealt with later. Duty is but one element in the tort of negligence, for it must be shown that not only was the defendant under a duty towards the claimant to be careful, but also that he failed to achieve the required standard of care and that that failure caused the damage, and finally that the damage was not too remote a consequence of the act. Duty is about relationships, and it must be shown that the particular defendant stood in the required relationship to the claimant such that he came under an obligation to use care towards him. This relationship is sometimes referred to as ‘proximity’. In cases of personal injury or damage to property the necessary relationship is established if the defendant ought...
Words: 19320 - Pages: 78
...addressing impunity Closing the gap The role of non-judicial mechanisms in addressing impunity No Peace WiThouT Justice No Peace Without Justice Copyright 2010 © No Peace Without Justice Via di Torre Argentina 76, I-00186, Roma, Italy www.npwj.org Permission to reproduce and distribute this document is hereby granted provided that this notice is retained on all copies, that copies are not altered and that No Peace Without Justice is credited. This publication is also available at www.npwj.org. No Peace Without Justice is an international non-profit organisation founded by Emma Bonino and born of a 1993 campaign of the Transnational Radical Party that works for the protection and promotion of human rights, democracy, the rule of law and international justice. NPWJ undertakes its work within three main thematic programs: International Criminal Justice; Female Genital Mutilation; and Middle East and North Africa Democracy, including specific work on Iraq. NPWJ is a Member of the TRP Senate, a Member of the Steering Committee of the NGO Coalition for the International Criminal Court and the Italian civil society partner in the Democracy Assistance Dialogue. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of No Peace Without Justice and can in no way be taken to reflect the views of the European Union. Overall editing of this report was done by Alison Smith. The draft report was prepared...
Words: 86821 - Pages: 348
...HOW TO READ A LEGAL OPINION A GUIDE FOR NEW LAW STUDENTS Orin S. Kerr Copyright © 2007 Orin S. Kerr Second Series • Autumn 2007 Volume 11 • Number 1 Published by The Green Bag, Inc., in cooperation with the George Mason University School of Law. HOW TO READ A LEGAL OPINION A GUIDE FOR NEW LAW STUDENTS Orin S. Kerr† This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and what law students should look for when reading them. W I. WHAT’S IN A LEGAL OPINION? hen two people disagree and that disagreement leads to a lawsuit, the lawsuit will sometimes end with a ruling by a judge in favor of one side. The judge will explain the ruling in a written document referred to as an “opinion.” The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other. Modern judicial opinions reflect hundreds of years of history and practice. They usually follow a simple and predictable formula. This † Orin Kerr is a professor of law at the George Washington University Law School. This essay can be freely distributed for non-commercial uses under the Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported license. For the terms of the license, visit creativecommons.org/licenses/by-nc-nd/3.0/legalcode. 11 GREEN BAG 2D 51 ...
Words: 4473 - Pages: 18
...Subject Discipline/Course Number: Business Law BSAD C131-50 CRN: 50074 [->0] Instructor’s Name: Anthony (Tony) Damiano Class Day/Time/Class Room: On-line Contact: [->1] or (760) 371-0633 (AT&T Cellular Service) After Hours: Monday-Tuesday-Wednesday-Thursday-Friday-Saturday 4:30 PM to 9:30 PM (All times are Pacific Standard) General Course Information: It is every student’s responsibility to ensure proper enrollment or withdrawal from this class. You are responsible for your administrative issues. I am responsible for your education and participation in this class. Course Title: Introduction to Business Law Course Description: This course introduces students to the legal environment of business and the American legal system. Students will examine contracts in depth and agency law. The course will include a study of the governmental regulation of business and the relationship between administrative/legislative (state and federal) law, and business ethics. Text: Business Law 4rd Business Ed Revised (2012): Morgan, Shedd & Corley ISBN: 978-1-61882-007-5 COURSE GOALS & OBJECTIVES: Provides an overview of relevant Business Law principles and practices as applied to contemporary organizations. The focus of this course will be the generally applicable laws affecting people and business organizations in the United States, any United States jurisdictions, and doing business with other countries. Student learning outcomes: Upon successful completion of the course...
Words: 2455 - Pages: 10
...Reardon v. U.S. 947 F.2d 1509 C.A.1 (Mass.),1991. Heard May 8, 1991. (Approx. 19 pages) [pic] Lien on real property created by CERCLA when Environmental Protection Agency (EPA) determines that property owners may be liable for cleanup costs amounts to deprivation of a significant property interest within meaning of the due process clause. Comprehensive Environmental Response, Compensation, and Liability Act of 1980, § 107(l ), as amended, 42 U.S.C.A. § 9607(l ); U.S.C.A. Const.Amend. 5. Absence of notice and hearing may be justified by exigent circumstances. U.S.C.A. Const.Amend. 5. 92k251.5 k. Procedural Due Process in General. Most Cited Cases Constitution allows the process due to be tailored to fit realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn Wright, with whom Robin F. Price and Edwards and Angell, New York City, were on supplemental brief, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees. OPINION EN BANC TORRUELLA, Circuit Judge. After removing hazardous substances from property belonging to the Reardons, EPA filed...
Words: 14694 - Pages: 59
...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an...
Words: 1348 - Pages: 6
...that breaks the Immigration Law should be punished, even if they are not citizens of the country. According to Perez (2001), “In 1986 Congress passed the Immigration Reform and Control Act that, among other things, granted amnesty to illegal immigrants who could demonstrate continual residence in the United States prior to 1982” (Perez, 2001). Because of this law, millions of illegal immigrants can use this act to become citizens of the United States. | According to Mirram-Webster (2012), “amnesty means that the act of an authority (as a government) by which pardon is granted to a large group of individuals” (Mirram-Webster, 2012). Therefore, amnesty is unfair and unconstitutional because all of the illegal immigrants that come into the United States are pardon after they have violated the laws in this country. Why do we continue to allow these illegal immigrants to go unpunished? If it were some of the U.S. citizens breaking this law they would not be granted amnesty; they would be treated differently, so why illegal immigrants should be pardoned? Robert Byrd (2001), a West Virginia senator, says, “Illegal immigrants who have worked for many years in the United States should not be granted amnesty” (Byrd, 2001). Illegal immigrants who work in the United States should be punished because they do not have green cards or permission from the United States to come to America. Although amnesty is an approved law, many peoples do not agree with this law. On the other hand, some Americans...
Words: 1845 - Pages: 8
...Few good man Time from time you may hear stories of abuse by the military justice "system". There are multiple destroyed and financially devastated families out there suffering heartbreak and loss at the hands of an uncaring, unfeeling and unjust process which makes a mockery of our Bill of Rights. Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY. How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. What's special, or even topical, about A Few Good Men movie is it speaks to how military honor can be so readily suborned by the authoritarian impulse. And second, how the same honest pride - not to mention competence - is necessary to bring such posturing would-be tyrants to justice. The main issue the movie touches upon is military justice. A good marine abides by the following code: 1. Unit 2. Corps 3. God and 4. Country For this code to be at its effective best, it must be governed by truth and justice. What happens when truth and justice fail to be active participants of this code? Justice has been defined in many ways...
Words: 948 - Pages: 4
