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Full-Text Articles in Jurisprudence

Re-Examining Investor Protection In The Eu And Us, John Ja Burke Aug 2009

Re-Examining Investor Protection In The Eu And Us, John Ja Burke

John JA Burke

The year 2009 is a propitious time to evaluate systems of investor protection in financial markets as global bank losses exceed the 1 trillion mark and market losses equally exceed the 1 trillion mark. Prior to the Global Financial Crisis, the European Union enacted sweeping legislation to reform its system of investor protection. The Markets in Financial Instruments Directive [MiFID] is the regulatory equivalent of the deregulatory 1987 “Big Bang” that shaped the current European financial markets. It also applies to one of the world’s largest trading regions. This article examines select investor protection provisions of MiFID and their analogues …


The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr. Jul 2009

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 …


Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich Jan 2009

Recognition Of Overseas Same Sex Marriages: A Matter Of Equality And Sound Statutory Interpretation, Dr Leonardo J. Raznovich

Dr Leonardo J Raznovich

It is accepted that the institution of marriage is more than economic benefits. The availability of marriage to same sex couples in eight western democratic jurisdictions exerts pressure on courts to consider the substance and ethical dimension of marriage across borders. This paper analyses the legal and ethical problems that exclusion of same sex couples from marriage generates in relation to equality and individual freedoms in a democratic society. The paper focuses on the particular case of overseas same sex married couples that seek to immigrate to England. Part I analyses the legal recognition of overseas same sex marriages under …


Desejo, Necessidade, Vontade: O Estado Como Garante Das Potencialidades Humans, Haradja L. Torrens Dec 2008

Desejo, Necessidade, Vontade: O Estado Como Garante Das Potencialidades Humans, Haradja L. Torrens

Haradja L Torrens

The author broaches the subject of the social state democratic promise in the scope of each citizen’s equalities and peculiarities. She outlines the conflict between constitutional rights and circumstantial limitations based on the analysis of economic, juridical and philosophical theories inspired in Ralws, Perelman, Härbele, Verdú and Dworkin. She points out its similiarity to the Brazilian Doctrine followed by Paulo Bonavides, stressing, at last, the post-positivist response to the legal principles for addressing political court trials through case law analysis.