Suchergebnisse

One of the most controversial statutes in the federal criminal code is that entitled "Racketeer-Influenced and Corrupt Organizations," known familiarly by its acronym, RICO. Passed in 1970 as title IX of the Organized Crime Control Act of 1970, RICO has attracted much attention because of its draconian penalties, including innovative forfeiture provisions; its broad draftsmanship, which has left it open to a wide range of applications, not all of which were foreseen or intended by the Congress that enacted it; and the sometimes dramatic prosecutions that have been brought in its name. RICO's complexity has attracted several efforts to unscramble the many issues of interpretation it poses. The potency of its sanctions and the procedural advantages it bestows on prosecutors have drawn polemics of praise and criticism from practitioners and scholars with ties to law enforcement or defense practice. Yet there has been little discussion of the fundamental questions RICO poses concerning some of our basic assumptions about criminal law and procedure. One reason for this lack of discussion may be that the uses of RICO that most starkly raise the issues I have in mind were not contemplated in the congressional debates about the statute and have become more clearly dominant with the passage of time. Congress viewed RICO principally as a tool for attacking the specific problem of infiltration of legitimate business by organized criminal syndicates. As such, RICO has hardly been a dramatic success. Few notable RICO prosecutions have dealt directly with this sort of criminal activity. Instead, prosecutors have seized on the virtually unlimited sweep of the language of RICO to bring a wide variety of different prosecutions in the form of RICO indictments. All but ignoring those subsections of RICO that directly prohibit the act of infiltrating legitimate business by investment of illicit profits or by illegitimate tactics, prosecutors have relied principally on the expansive prohibition of the operation of an enterprise through a pattern of racketeering activity to strike at those – whether or not they fit any ordinary definition of "racketeer" or "organized criminal" – who commit crimes in conducting the affairs of businesses, labor unions, and government offices.

AbstractWhat is the role of legal ambiguity in the creation and institutionalization of private property regimes? In what ways does the (ab)use of legal ambiguities affect market‐making processes? I address these questions through a detailed analysis of two large‐scale urban renewal projects in Istanbul that impose a formal private property regime on informal settlements. My research reveals that without the strategic utilization of legal ambiguities and administrative arbitrariness by public and private actors, private property cannot be easily created and hence capitalist markets cannot function efficiently. My findings challenge the assumptions of several social science traditions such as neoclassical and neoinstitutionalist economics, as well as most works within the law and economics tradition regarding the relationship between law, property and economic development. These approaches to economic development are underpinned by the legal certainty that private property entails as the most important element for an efficient economic order. However, in their unconditional support for private ownership, they fail to realize the degree of legal ambiguity and administrative arbitrariness needed to create the private property regime in the first place. As such their arguments remain theoretically and empirically incomplete. A more complete analysis of the relationship between law and economic dynamics must focus on how private property is constructed, and the extent to which legal ambiguities and loopholes are utilized in this process.

The emblem book was invented by the humanist lawyer Andrea Alciato in 1531. The preponderance of juridical and normative themes, of images of rule and infraction, of obedience and error in the emblem books is critical to their purpose and interest. This book outlines the history of the emblem tradition as a juridical genre, along with the concept of, and training in, obiter depicta, in things seen along the way to judgment. It argues that these books depict norms and abuses in classically derived forms that become the visual standards of governance. Despite the plethora of vivid figures and virtual symbols that define and transmit law, contemporary lawyers are not trained in the critical apprehension of the visible. This book is the first to reconstruct the history of the emblem tradition, evidencing the extent to which a gallery of images of law already exists and structuring how the public realm is displayed, made present and viewed

Foreword -- Preface -- Acknowledgments -- Contents -- Table of Statutes -- Table of Statutory Instruments -- Table of European Legislation -- Table of Cases -- Chapter 1 Section 20 of the Children Act 1989 -- Introduction -- History of the Children Act 1989, s 20 and current pressures -- Accommodation under s 20 -- Current law in relation to s 20 -- A draft s 20 agreement -- Claims for declaration and damages -- Conclusion -- Chapter 2 Threshold: Children Act 1989, sections 31 and 38 -- Introduction -- Basic principles of the CA 1989, ss 31 and 38 -- Tricky issues -- Use of split hearings -- Pleading threshold: a guide -- Conclusion -- Chapter 3 International public law orders -- Introduction -- Introductory procedural tips -- Care orders: jurisdiction -- Care orders: welfare -- Placement and adoption orders: jurisdiction and welfare -- Placing children abroad: adoption and special guardianship orders, BIIa, Art 56 and placements under the Hague Convention 1996 -- Relinquished babies -- Conclusion -- Chapter 4 Children's evidence: 'achieving best evidence' and court evidence -- Introduction -- Achieving best evidence: the process -- Children giving evidence in family proceedings: guidance and tips -- Children giving evidence in family proceedings: advocacy -- Children meeting judges -- Conclusion -- Appendix 1: Guidelines in relation to children giving evidence in family proceedings (24 June 2011) -- Appendix 2: Guidelines for Judges Meeting Children who are subject to Family Proceedings (April 2010) -- Chapter 5 Forced marriage, honour-based violence and female genital mutilation -- Introduction -- Forced marriage -- Honour-based violence -- Female genital mutilation -- Conclusion -- Chapter 6 Child trafficking -- Introduction -- Definition of trafficking -- Relevant statutes -- Local authority obligations to trafficked children: general.

A person or a human community needs learning (the need for knowledge, skills, and attitudes) to emerge, so there should be non-formal education. It's in this capacity that non-formal education is said to be multi-audience, not only in terms of age, but also individual and social characteristics such as gender and gender, demographics, geography, occupation, formal educational background, and so on. Various problems are still often faced by these non-formal educators, where they should be guaranteed protection under the law. In fact, non-formal educators continue to experience discomfort conditions without an adequate protection system. Legal efforts to improve the status of non-formal educators according to the national education system, so that non-formal educators haven't been recognized by the government even though they are temporary teachers who work in private educational institutions, so they haven't received the protection and protection of the government as provided to teachers. Civil servants and private teachers.

Recent debates about the moral climate in China have focused on its citizens' purported loss of traditional values and interest in the public good. Chinese society, particularly in the countryside, is described in terms of a moral vacuum: the absence of shared values through which citizens' public behavior might contribute to the nation's greater good. The Chinese state is reforming its judicial system with the aim of making it more accessible to its citizenry, so that law and legal rights create bonds between individuals and the collectivity. This approach envisions legal mediation as a vehicle to bring law to the countryside. This article, however, shows that in rural Yunnan, the law and legal rights are seen as instruments of disenfranchisement. This article demonstrates that Yunnanese rural society is better described as a moral "plenum" than as a "vacuum." It also shows that Chinese law, via temporary use rights to local resources, is ousting alternative regimes of resource management. These alternative regimes are predicated on local villagers' participation in and responsibility for the public good.

In China, 'residential surveillance at a designated residence,' as provided by its current Criminal Procedure Law, is a special form of pre-trial detention designed allegedly as a non-custodial measure to reduce the rate of pre-trial custody. However, legal provisions concerning this measure tacitly allow suspects to be held incommunicado for up to six months without access to relatives and lawyers. The measure is also highly problematic in legal practice, because it often acts as a convenient tool for bypassing regular legal safeguards. 'Residential surveillance at a designated residence' is very similar to two other measures—'shuanggui' and 'liuzhi'—with Chinese characteristics. The repressive detention measure stains China's struggle for the rule of law. (J Contemp China/GIGA)

This article discusses the problems and proposals in the practice of civil law regulation of the LLC, as well as the legal status and scope of responsibility of its founders, different approaches of scholars in this regard and the founding documents of the LLC and their registration, legal and legal capacity of the LLC. ziga specific properties are analyzed. The novelty of the study is the study of a wide range of problems, as well as scientifically based and important practical recommendations for improving the legislation in the field of improving the civil regulation of the LLC