Law Commons^™

Injunctions In Domestic Violence: Case Study In Iran, Ehsan Zarrokh

Ehsan Zarrokh

As domestic violence becomes increasingly recognized a widespread social problem, judicial system has begun playing larger roles in providing legal protection to these victims. One way they are doing this in the Iran is through the use of protective restraining orders or injunctions. The purpose of this research was to determine if permanent Injunctions for Protection provide victims of Domestic Violence with a sense of security in alleviating fear of retaliation or on-going violence.

Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.

Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler

Christopher J. Truxler

Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this article places the Crime Victims’ Rights Act within a broader historical context where victims’ needs can be …

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …

Direito Ao Aborto E Direito À Vida: As Perguntas E Repostas Que Importam, Rafael Mafei Rabelo Queiroz

Rafael Mafei Rabelo Queiroz

O artigo traz uma apreciação filosófica organizada de alguns pontos centrais do debate relativo à ampliação do direito ao aborto. Ao organizar os principais argumentos sobre o tema, tendo por base trabalhos de filósofos da moral e do direito que nas últimas décadas dedicaram-se a ele, o artigo pretende não só ampliar a capacidade analítica sobre o assunto, como também refinar a capacidade de deliberação consistente a seu respeito. Nesse sentido, aproveita a todos aqueles que tenham de argumentar em torno de decisões práticas relativas ao aborto e os direitos a ele relacionados. A primeira parte do artigo cuida dos …

La Debida Motivación De Las Resoluciones Judiciales Y Su Relevancia En El Mandato De Detención Preventiva, Elky A. Villegas Paiva

Elky A. Villegas Paiva

No abstract provided.

Analysis Of Digital Financial Data, Robert L. Kardell

Robert L Kardell

No abstract provided.

A Theory Of The Perverse Verdict, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

The concept of a perverse verdict is one that pervades the Criminal justice system of nearly all common law jurisdictions. The English Criminal Justice system is no exception and the concept has become institutionalised as if it were a true occurrence. This paper challenges the idea and argues that it is, technically, a legal non-event given the system of trial by jury. The theory is that besides the jury, no one else is invested with the power and authority to declare a verdict and this position is supported both by legal custom and the mechanism of the criminal justice system. …

Curtains, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

This is the story of life in all its glory and eternal ramifications. This is the story of us.

I Wept, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

It is not always what we expect to find in love but sometimes, we look in the worng places. We fail to notice that what we always wanted and sought was always in front of us.

Vanity Of Vanities, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

All that we see and all that we do are emptied into the eternal abyss of nothingness and vain glory. All the we have and all own us are intertwined in the great deception of man. Vanity of vanities, says the preacher, all is vanity

A Criminal Moment In Time, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Criminal law jurisprudence considers the concepts of motive, intent and the forbidden act integral to the justice process. Throughout the common law jurisdictions, this trio overshadows a central theme that is a precursor to all criminal acts – the idea of a social responsibility continuum or cognitive dependency. While motive is dispositional on a wider application, intent is situational and is a product of one’s socio-cultural experience. The forbidden act, though central to the process, constitutes ‘a faithful mirror of thought’ – the consummation of a deliberate and manipulated cognition. The nexus between the three subjects extends beyond the Cartesan …

Jury Deliberations – How Do Reasoning Skills Interplay With Decision-Making?, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

We may well wonder how the Casey Anthony reached its verdict in spite of what many of us thought was a raft of compelling evidence. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system

Jury Continuum, Bethel G.A Erastus-Obilo

Bethel G.A Erastus-Obilo

Jury deliberations – how do reasoning skills interplay with decision-making?We may well wonder how the Casey Anthony jury reached its verdict in spite of what many of us thought was a raft of compelling evidence for conviction. In order to understand some of the nuances at play, it is important to understand some of the issues that confront a jury and how the criminal justice system ensures or attempts to ensure a fair outcome in our trial by jury system. At the risk of stating the obvious, one of the most enduring features of our criminal justice system is the …

Social Contract Theory Of John Locke (1932-1704) In The Contemporary World, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The 17th century period was marked by an attempt to erect effective safeguard against violations of natural law by governments. Law in this period was conceptualized as an instrument for the prevention of autocracy and despotism. Absolutism in Europe that was associated with governmental encroachments necessitated a strong shield of individual liberty. In this period legal theory placed the main emphasis on liberty, thus the law was to render governments capable of functioning as a guarantor of individual rights. This paper aims at examining the social contract theory of the 17th-century English philosopher, John Locke, its parameters, limitations and its …

Bargaining With Double Jeopardy, Saul Levmore, Ariel Porat

Ariel Porat

Virtually every burden of proof is influenced by a rule regarding relitigation. In criminal law, the prosecutor is prevented from repeatedly drawing from the urn, as it were, by the double jeopardy rule, which reinforces the beyond-a-reasonable-doubt standard. We suggest that if law were to permit the defendant to waive the double jeopardy protection, private and social benefits might follow. The benefits derive from the likelihood that the prosecutor – like most people who can take a test but once – will overinvest in preparation. Somewhat similarly, though far afield, deficit spending by a legislature might be linked to the …

From Here To There: U.S. Export Reform, William Alan Nelson Ii, Correen Wood

William Alan Nelson II

No abstract provided.

A Missed Chance For Justice In Court, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that Osama bin Laden should have been captured and tried in a court of law, rather than assassinated under circumstances suggesting he was unarmed and posed no immediate threat.

Good Guys, Bad Guys -- And Miranda, Tamar R. Birckhead

Tamar R Birckhead

This op-ed argues that we as a society must get beyond our single-minded focus on the Miranda warnings and find a better way to elicit accurate information from suspects while lowering the risk of false confessions.

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …

Legal Outlier, Again? U.S. Felon Suffrage: Comparative And International Human Rights Perspectives, Reuven (Ruvi) Ziegler

Dr. Reuven (Ruvi) Ziegler

The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European …

Corporate Obligations Under The Human Right To Water, Jernej Letnar Cernic

Jernej Letnar Černič

Almost a billion people do not have access to clean and safe water. Access to safe drinking water and sanitation is increasingly being considered a fundamental human right. Corporations play an important role in the realization of the right to water. For example, they can become violators of the right to water where their activities deny access to clean and safe water or where water prices increase without warning. Corporations can have a positive or negative impact on the human rights of individuals, wider communities and indigenous peoples. This paper argues that corporations bear a certain responsibility for the realization …

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Dr.Jekyl And Mr.Hyde: Defending Under The Convolution Of Insanity And Intoxication, Rachel Rose Ostrander

Rachel Rose Ostrander

The classic paradox of the dueling personalities of Dr. Jekyll and Mr. Hyde is exemplary of one of Ms. Ostrander’s most researched topics, the duality of law and the binary relationship in law which has been largely characterized as being fundamentally divided between the desire for autonomy and equal treatment, and the need for constraint to protect people within society from the dangers of the world. The interests of each are important and conflicting, making the argument complex for how to promote the goals of the justice system.

This particular case study raises serious legal questions about the convolution of …

The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld

Adam Shajnfeld

Ever since the Supreme Court declared that the sentences which district courts impose on criminal defendants are to be reviewed on appeal for “unreasonableness,” the standard’s contours have remained elusive and mired in controversy, despite the Court’s repeated attempts at elucidation. In few instances is this confounding state of affairs more apparent and acute than in the Eleventh Circuit’s recent lengthy and factious en banc decision in United States v. Irey. This article explores Irey’s merits, mistakes, and lessons, trying to locate each within the broader context of the Eleventh Circuit’s sentencing jurisprudence. In doing so, the article advances three …

Statistics In Law: Bad Inferences & Uncommon Sense, Curtis E.A. Karnow

Curtis E.A. Karnow

A review of classic fallacies in statistics and probability in the courts. The article briefly, and in plain English, provides an introduction to probability theory, and randomness.

Appellate Jurisdiction Of The Supreme Court Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Islamic Banking In India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.