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Full-Text Articles in Law
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
Science On Law's Terms: Implications Of Procedural Legitimacy On Scientific Evidence, Nayha Acharya
LLM Theses
Scientific evidence is relied on more and more in litigation. Discussions and debates aimed at enabling courts to make the best use scientific evidence are increasingly critical. This thesis adds the perspective of procedural legitimacy to the science and law discussion. Procedural Legitimacy is the concept that consistent adherence to legal procedure maintains the overall legitimacy of the legal system, and the validity of its outcomes. I argue that the integrity of legal procedures must be maintained where scientific evidence is presented, so that judicial decisions that rely on scientific evidence are legitimate.
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
Changing Tactics: Rehabilitating Canadian Justice For Traumatized Veterans, J. Jason Samson
LLM Theses
This thesis examines how military members and veterans with Operational Stress Injuries are treated by Canadian justice systems. It suggests a correlation between mental injuries sustained on operations by military personnel and propensities for military and societal misconduct. By comparing civilian and military processes with American justice counterparts, a plan to improve the existing Canadian legal landscape is proposed. Using an analysis of the underlying philosophy and purpose of military justice, a problem solving diversionary court is recommended, along with legislative and policy amendments. The use of a consent-based "Treatment Standing Court Martial" would place military justice officials parallel to …
Making Informed Consent Work In Nigerian Health Care, Oluchukwu Jacinta Aniaka
Making Informed Consent Work In Nigerian Health Care, Oluchukwu Jacinta Aniaka
LLM Theses
The notion of informed consent to medical treatment is a fundamental precept in law. It recognizes autonomy and the right to personal inviolability, irrespective of nationality, socio-economic situation and ideological orientation. A full realization of autonomy in the Nigerian legal system is severely constricted by sociological and cultural factors. Of particular concern is the impact of oppression which may arise from socialization, arbitrary disclosure practice by physicians, or as a result of legislative enactment. To remedy the elemental defects in the Nigerian Code of Medical Ethics, without addressing the impediments posed by the social environment from which a patient operates, …
Social Networking And The Employment Relationship: Is Your Boss Creeping Up On You?, Michael Keliher
Social Networking And The Employment Relationship: Is Your Boss Creeping Up On You?, Michael Keliher
LLM Theses
There are currently over 900 million Facebook users worldwide (and counting). With increased use of social networking comes new concerns for personal privacy and control of social networking information. More and more, Facebook activity trickles its way into offline contexts, perhaps none more so than the employment context. A new trend in the hiring process is social networking background checks, where some employers go so far as to request a candidate's Facebook password. Not only this, but the frequency of Facebook activity resulting in employment law disputes is increasing, and has even been found to constitute sufficient grounds for discipline …
Protecting Minority Shareholders In Civil And Common Law Systems: Canadian, Ukrainian And German Examples, Iushchenko Igor Sergiiovych
Protecting Minority Shareholders In Civil And Common Law Systems: Canadian, Ukrainian And German Examples, Iushchenko Igor Sergiiovych
LLM Theses
This thesis analyses minority shareholder protection in common law and civil law systems. Principally, this is done by examining closely-held corporations created under Canadian, Ukrainian and German laws. It examines minority shareholder protection by critically analyzing voting and related rights, the right to information; withdrawal from the company, expulsion right, the dissolution of a company, derivative action and direct action. The thesis also summarizes problems in the civil law system that cannot be solved in favor of minority shareholders. In addition to the above-mentioned, it provides possible solutions to the problems of minority shareholder protection in the civil law system, …