Criminal Law Commons^™

The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …

Good Call, County Attorney Gaertner; Your Turn, Legislature, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Recent Private International Law Developments Before The Supreme Court Of Canada, Antonin I. Pribetic

Antonin I. Pribetic

A trilogy of interesting cases involving private international law recently wended their way to the Supreme Court of Canada: (1) King v. Drabinsky (an Ontario case addressing the applicability of the Charter in respect of the enforcement of a foreign judgment); (2) Teck Cominco Metals Ltd. v. Lloyd's Underwriters (a British Columbia case involving declaratory relief in the context of parallel proceedings and forum non conveniens); and (3) Yugraneft v. Rexx Management Corporation (an Alberta case which affirmed that the two-year limitation period under s.3 of Alberta's Limitations Act, governs when a party seeks the recognition and enforcement in Alberta …

The Real Authors Of The Congo Crimes. Nkunda Has Been Arrested But Who Will Arrest Kagame?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Thomas Hardy’S Tess Of The D’Urbervilles, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Rights Of Arrested Person- Case Analysis, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Violation Of Right To Way, Right To Access Of Light And Right To Access Of Air And Other Easementary Rights, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Comparative Study Of The Prinicples Of Contract Formation Of India, China, Usa And France, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Non Resumption Of Cohabatation As A Fault Ground Of Divorce Under The Hindu Marriage Act, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Universal Jurisdiction And The Case Of Belgium: A Critical Assessment, Roozbeh (Rudy) B. Baker

Roozbeh (Rudy) B. Baker

Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law. In 1993, the Kingdom of Belgium enacted a domestic statute, the Loi du 16 Juin, which codified (in domestic Belgian law) the use and application of universal jurisdiction (for international crimes) in Belgian courts. The Statute, which went through two major revisions in February 1999 and April 2003, granted Belgian courts jurisdiction over war crimes, crimes against humanity, and genocide, regardless of where in …

Attorney Liability Under The Foreign Corrupt Practices Act: Legal And Ethical Challenges And Solutions, William Alan Nelson Ii

William Alan Nelson II

This article examines the legal end ethical obstacles facing attorneys when counseling clients on the Foreign Corrupt Practices Act (FCPA). It gives the background of the FCPA and the circumstances of its enactment, specifically looking at the legislative history of the Act. The article also provides the statutory language of the FCPA and cases illustrating how the FCPA has been applied. It examines the relationship of the FCPA and the ABA Model Rules of Professional Conduct and state ethical rules on attorney conduct. The article provides multiple hypotheticals illustrating the ethical quagmires attorneys face when counseling clients on the FCPA. …

Wild-West Cowboys Versus Cheese-Eating Surrender Monkeys: Some Problems In Comparative Approaches To Extreme Speech, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

All European states ban some form of hate speech. US law precludes such bans. In view of the political and symbolic importance of free speech, it becomes tempting to assume that trans-Atlantic differences towards hate speech reflect deeper cultural divisions.

However, we must pay attention to comparative methodology before drawing ambitious conclusions about cross-cultural social and political differences that derive solely from differences in formal, black-letter norms. In this volume, Robert Post claims that formal, constitutional requirements of content-neutral regulation reflect a freer public sphere in the US, in contrast to the European public sphere.

Yet a legal-realist approach casts …

Cumulative Jurisprudence And Hate Speech: Sexual Orientation And Analogies To Disability, Age And Obesity, Eric Heinze

Prof. Eric Heinze, Queen Mary University of London

Non-discrimination norms in human rights instruments generally enumerate specified categories for protection, such as race, ethnicity, sex or religion, etc. They often omit express reference to sexual minorities.

Through open-ended interpretation, however, sexual minorities subsequently become incorporated. That ‘cumulative jurisprudence’ yields protections for sexual minorities through norms governing privacy, employment, age of consent, or freedoms of speech and association.

Hate speech bans, too, are often formulated with reference to traditionally recognised categories, particularly race and religion. It might be expected that the same cumulative jurisprudence should therefore be applied to include sexual minorities. In this article, that approach is challenged. …