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In: Cambridge studies in constitutional law
Corporations can significantly affect the fundamental rights of individuals. This book investigates how to determine the substantive content of their obligations that emanate from these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights. From an investigation of existing legal models, a clear structural similarity surfaces in how courts make decisions about corporate obligations. The book seeks to systematise, justify and develop this emergent 'multi-factoral approach' through examining key factors for determining the substantive content of corporate obligations. The book defends the use of the proportionality test for ascertaining corporations' negative obligations and outlines a novel seven-step test for determining their positive obligations. The book finally proposes legal and institutional reforms - on both the national and international levels - designed to enhance the quality of decision-making surrounding corporate obligations, and embed fundamental rights within the corporate structure and the minds of key decision-makers.
In: Legal framework series
The law of the European Union continues to increase in complexity, importance and momentum, and is having an increasing effect on the lives of every person living in Britain. This book provides a focus on subjects such as the supremacy of EC Law and free movement of persons, and includes charts and diagrams in order to make what is often a complex subject more approachable
The crime of trafficking in persons is still a problem in people's lives. Trafficking of persons undertaken includes the process of hiring up to the act of buying and selling people. The existence of Law Number 21 Year 2007 concerning the Eradication of Crime of Trafficking in Persons as protection for trade acts. The legal policy in the realm of human trafficking is not only about central government elements but also related to the policies issued by the local government. The law as an existing regulatory instrument in Indonesia is based on the existence of regional policy to protect its citizens. Trafficking can not be separated from various parties. This concerns various aspects of the community elements involved in it. There is a need for comprehensive prevention to avoid trafficking. In this case both the office and the law enforcers must play a role in the prosecution and protection of trafficking. Keywords: Policy, people trafficking, protection
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In: Teorija i praktika obščestvennogo razvitija: meždunarodnyj naučnyj žurnal : sociologija, ėkonomika, pravo, Issue 3, p. 126-130
ISSN: 2072-7623
The article highlights and analyzes the problems of criminal and administrative legislation related to deviations from the principles of consistency and fairness of law. The present article delves into the consideration of the actual problem associated with the peculiarities of differentiation of legal responsibility for falsification of vari-ous evidence in criminal cases and cases of administrative offenses. The author analyzed the current legisla-tion establishing administrative and criminal liability for falsification of the specified evidence, distinguished the features and problems of regulation and differentiation of these types of legal liability for the committing these unlawful acts. The work uses dialectical, analytical, comparative legal and other methods. Based on the con-ducted research, the author formulated specific conclusions and proposals aimed at improving the regulation of liability for falsification of evidence in an administrative offense case.
In: Law & policy, Volume 7, Issue 2, p. 225-247
ISSN: 1467-9930
The Legal Services Corporation is faced with the problem of allocating limited resources in order to meet the legal needs of the poor. It is forced into the dilemma of setting priorities, creating workable regulations to meet an ambiguously defined and elusive concept of legal need. Recently enacted regulations require annual reports by legal services programs that are based, in part, on the assessment of eligible clients' needs as expressed by their attitudes. These regulations are premised on unarticulated implicit assumptions relating attitudes, problems experienced, and legal need. This study examines these assumptions in an analysis of perceived problems, help seeking behavior, attitudes toward the allocation of legal services resources, and how these have changed over time for the eligible client population of one legal service program in California.
In: Criminal Justice and Behavior, Volume 35, Issue 9 (September 2008)
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Chapter 1: Artificial Intelligence and the Law -- Chapter 2: Artificial Intelligence and Access to Justice -- Chapter 3: Criminal Justice System and AI -- Chapter 4: Autonomous Vehicles -- Chapter 5: Autonomous Weapons -- Chapter 6: Inequality -- Chapter 7: Social Protection -- Chapter 8: Human Creation -- Chapter 9: Health Liability -- Chapter 10: Labor Law -- Chapter 11: Climate Change -- Chapter 12: Conclusion.
In: Cambridge studies in law and society
"As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development"--
In: Private regulation
"Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher
In: http://hdl.handle.net/2027/mdp.35112101558551
Bound with: 1959 Seminar on Judicial and Other Remedies against the Illegal Exercise or Abuse of Administrative Authority. 1959. ; Mode of access: Internet.
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In: The international & comparative law quarterly: ICLQ, Volume 52, Issue 2, p. 489-498
ISSN: 1471-6895
Whilst the political aspects of Cyprus's membership to the European Union have become the main focus of academic analysis over the years, its trade relations with the Member States have raised issues just as interesting from a legal point of view. This has been illustrated quite recently by the Anastasiou II judgment delivered by the European Court of Justice in 2000. The article aims at highlighting some of these issues. It is structured in three parts: the first part outlines the provisions of the EC–Cyprus Association Agreement governing trade between the parties; the second part analyses the Court's first ruling on imports of certain produce from the northern part of Cyprus;1 the third part examines the recent judgment of the Court on imports of produce which, whilst originating in the northern part of Cyprus, are being accompanied by phytosanitary certificates issued by the Turkish authorities.
In: Liberal Arts & Social Sciences International Journal (LASSIJ) 2021
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In: Journal of Comparative Legislation and International Law, Volume 15, p. 203-211