Search results

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

The research contributes to a better understanding of the different legal orders analysed.

This essay explores a radical shift in how the relationship between the power to punish and sovereignty has been conceived in modern American law; specifically focusing on the quiet death of comity as an operative principle in the exercise of criminal jurisdiction. While this essay attends to certain legal issues arising from historical intersections of federal, state and Indian sovereignty in the field of criminal law, this essay is not an attempt to directly evaluate the history of federal policies applied to Indian tribes or tribal lands. Nor is this essay in any strict sense a legal history of federal-tribal relations, or federal penal policy in relation to Indian tribes. Rather, I am concerned here with a series of liminal moments in the American legal tradition in which the power to punish came to be understood ever more one-sidedly, as an atomizing attribute of sovereignty rather than an identifying feature of community within a pluralistic legal framework.

The major federal and state laws that govern the privacy aspects of the use of computer data banks fall into three types of relationships between individuals and institutions: 1) individuals dealing with private institutions such as colleges or universities, 2) individuals interacting with state and local governments; and 3) individuals interacting with the federal government. A separate section is devoted to each of these relationships, containing assessments of the effectiveness of the legal mechanisms that mediate them. The ability of privacy laws that are presently on the books to protect us from abusive information collection, dissemination, and management practices is specifically considered.

The purpose of this paper is to survey the landscape of recent federal securities class actions filed in state court and explore arguments for removal of those cases to federal courts under the Securities Litigation Reform Act (SLUSA) or the Class Action Fairness Act (CAFA).

The paper discusses: US Congressional legislation designed to bring the bulk of securities class actions back into federal courts, including the Private Securities Litigation Reform Act (PSLRA) and SLUSA; CAFA, another law designed to redirect class action litigation away from state courts; recent cases that have tested the limits of SLUSA and CAFA for removal from state to federal courts; and arguments for removal under SLUSA and CAFA.

Legislative history for both SLUSA and CAFA suggests that these statutes should be read as evidence of Congressional intent to return most securities class actions to federal court. Nonetheless, plaintiffs have continued to devise legal schemes to litigate class actions in what they perceive to be friendlier forums in state courts.

Although the arguments discussed in this paper are not exhaustive, they are a starting point for defendants seeking removal once litigation arises.

In this chapter, the author outlines the historical, legal, and jurisdiction regarding incarceration rates of Native Americans. It examines reports and data in areas where problems of racial disparity continue to endure. As the smallest minority population in the United States, it raises questions as to the disparity of Native Americans. Native Americans are unique in their relationship with the federal government, and should be critically examined to distinguish what makes their involvement in the criminal justice system inimical.

The author examines the law enforcement, courts, and corrections data, through various reports; concerning causes of Native American criminality, incarceration rates, health disparities, jurisdictional schemes, human rights, and race. It is argued that federal governmental laws and various bureaucracies exacerbate conditions through overreaching policies which invalidates many of the positive aspects Native People bring to themselves.

Native Americans are overrepresented in the criminal justice system. As the smallest segment of the population, they have a higher incarceration rate per capita. It is without question that chronic underfunding of law enforcement, courts, and corrections in reservation communities continues. In light of Congressional claiming to want to alleviate problems in Indian country, little impact has been realized.

Native American societies are often considered a silent minority. Information pertaining to the many social issues enveloping Native communities often falls on deaf ears and political party leaders who are more interested in a larger constituency fail to lend their assistance in a manner deemed appropriate to truly grasp the larger problems.

The aim of this paper is to provide a detailed review on the issues that cover the Budget Law No. 23 of 2005 regarding rules of the general budget and the final accounts preparation in United Arab Emirates (UAE).

The discussion revolved around different issues covered by the above law; those issues include fundamentals, general budget classification, preparation of the budget, budget approval, and issuance, budget implementation, monitoring, final accounts, autonomous agencies budget, and general and final terms.

From this review, one can say that this law covers all stages of the budgetary process, planning, implementing, controlling, and preparing the final account. Moreover, the budgetary system is more compatible with performance‐based budgeting as it holds up appropriate policies in its strategy to budget programs in the medium term rather than in short‐term cash management.

This research studies, the budget process, and final accounts preparation throughout reviewing the rules enforced by UAE Federal Law No. 23 of 2005.

To some persons, private gardens, public parks, and farms appear to offer a safe way to preserve all of the plants and animals the environment needs. To people who ignore the need for conservation, the idea of paving and pruning and artificially laying out our land from coast to coast seems welcome. Wiser persons perceive that the destruction so imposed on nature would ultimately endanger our existence. The wilderness, with its wealth of animals and plants, holds a treasure from which we already extract the chemicals and genes we need for agricultural breeding, for industrial products, and for healing drugs. What to the layman may look like a disorderly swamp, or a dark forest, or an uninteresting prairie, actually encompasses complicated communities of vegetation and animals of all classes, communities that are held together in a stable balance by their interdependent components. Ecologists are identifying the key principles at work in these ecosystems of wetlands and drylands, forests and prairies. In their search for understanding of how life on our planet functions, they have called attention to the overriding need to preserve and protect the biological diversity that characterizes ecosystems. They have found instances in which short‐sighted human tampering has played havoc with subtle ecological balances. Too frequently entire species have vanished under man's onslaught. Sometimes such a disappearance is an indication that an entire ecosystem is out of balance.

More and more students are majoring in business in colleges and universities today and need access to legal materials. Undergraduate libraries are feeling pressure from these departments to build basic legal collections. This is an awesome responsibility because legal publications are very expensive to purchase initially and must be kept up‐to‐date. Since library literature provides little guidance for the librarian in this endeavor, I would like to pass on to others the knowledge I have gained by building a legal collection in an undergraduate library.