Identify the Ethical Issues. Is H. B. Fuller morally responsible for the addiction of the street children to the Resistol Product?
H. B. Fuller Company was found in 1887, and is now a global manufacturer of Adhesives, sealants and other specialty chemicals. It has Operation in over 40 countries in the North America, Europe, Asia and Latin America. It was brought to the attention of the company, by newspaper articles, that children were abusing their products by inhaling. The glue contains TOLUENE, a sweet smelling chemical that destroys the inner organs and can result in death. Homeless children throughout Latin America had become addicted to inhaling the glue. Company received total revenues of $1,243 billion in 1995 up from $1,097 billion in 1994. (Increase of $146 billion). They also had a thirty eight (38) million increase in profits between 1994 - 1995. Fifteen percent (15 %) of sales revenue came from its Latin America operations, which accounted for 27% of its profits. $450,000 profits a year from glue sales in Central America. There was a suggestion to use Mustard seed oils was recommended, but was not implemented because it would not have shelf life required. In March 1989, legislation was passed which banned the product, but was later revoked. Certain steps were taken to correct the problem, such as: o Employing social workers o Discontinued selling in small jars. o Providing information to distributors Identify the Ethical Issues. Is H. B. Fuller morally responsible for the
State of tort law in India.
Introduction: A tort may be defined as a civil wrong not arising out of a contract or a relationship based on trust, which is characterized by a violation of the legal right enshrined in others and an action for redressible damages. Hence the aim of torts is to compensate the victim and not punish the wrong doer. Before we undertake a journey into the damages in torts in India it would be prudent to understand the nature of the torts committed and their developments though the ages. This would not only help in understanding the current situation in a clearer manner but may also provide a sense of history about torts.it is well known that Indian tort law has taken inspiration from england's tort law.therefore in order to widen the scope of this research the researcher shall not only deal with Indian law but also with American law,Californian mainly.the objective of this would be to portray and find out the essences of both eastern and western tort laws1 One must prove all of the following criteria to get damages in torts * Existence of duty (to be reasonable) * Breach of that duty * Damages incurred as a result of that breach of duty Causation between breach and damage is direct STATE OF TORT LAW IN INDIA The state of tort law in India is very poor. The people are not properly aware of their legal rights. Thus, the development of torts has been hampered by the lack
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Al-Kateb v Godwin [2004] HCA 37. The Political, Social and Economic Significance of Al-Kateb
Al-Kateb v Godwin [2004] HCA 371 Facts and Legal Issues Ahmed Ali Al-Kateb (the appellant) arrived in Australia in mid-December 2000 without a passport or Australian visa, and was thus placed in immigration detention.2 The appellant was, upon arrival, a stateless person.3 The appellant applied for a protection visa but was denied, and subsequent challenges to this decision failed to overturn it. As a result, the appellant wrote to the Minister for Immigration and Multicultural and Indigenous Affairs, requesting to be removed from Australia. This request was unsuccessful, and the appellant appealed this decision, claiming his continued detention was unlawful. The principal issue for consideration by the High Court concerned section 198 of the Migration Act 1958 (Cth), which states that an officer must "remove as soon as reasonably practicable an unlawful non-citizen who asks the Minister, in writing, to be so removed" (emphasis added). The issue here was whether the language of the section was capable of interpretation that allowed for the potentially indefinite mandatory detention of a non-citizen. It was decided by a majority of 4:34 that such interpretation is to be preferred. The subsequent issue - 2 - considered by the High Court concerned Chapter III of the Constitution, and whether this was infringed as a result of the provision of indefinite detention without a
Discuss how the South African Constitution protects communication
Discuss how the South African constitution protects Communication Introduction This essay shall adopt a wide approach to the term 'communication'. According to Joseph Raz, communication includes: ... any act of symbolic expression undertaken with the intention that it be understood to be that by the public [it thus] covers not only all forms of language-dependant communication but also pictorial and musical communication and a whole range of symbolic acts such as picketing, displaying banners, wearing uniform ...it is essentially a right actively to participate in and contribute to the public culture.1 From this definition it is clear that communication covers a broad spectrum of activities. The purpose of this essay is firstly to show how the Constitution2 protects such activities from intrusion and infringement. It will be shown how the Constitution has placed various internal limitations and modifiers within the exercise of these activities so as to ensure their reasonability. Lastly, there will be a discussion of how s36 of the Constitution operates to ensure that all rights given in the Bill of Rights do not wrongly infringe the exercise of other rights or the public good. With reference to Raz's definition we shall, within the course of this submission, break down his definitional elements in an attempt to enumerate on the term communication.
'Should we be tough on crime or tough on the causes of crime?'
Assignment 4 Research Report 'Should we be tough on crime or tough on the causes of crime?' The group presentation was based on the topic 'should we be tough on crime or tough on the causes of crime?' This title is very broad and could refer to a wide scope of areas within the subject, so the topic was narrowed down, so our group focuses on Youth offending. Youth offending is a very familiar subject, local newspapers seem to be dominated by crimes committed by young people. The aim of my part of the research was to explore the social trends in a delinquent's life to find out what causes young people to turn to delinquency, by providing reliable and valid information. The objective was to find out from this information whether 'we should be tough on the causes of crime', to see where the main problems are rooted. From my preliminary reading on crime, I know that crime stems from economic inequality, that major violent crimes take place in inner city areas, mainly in council estates, committed mainly by young males aged 16 - 24. The method of researching consisted of secondary source analysis (newspaper article; textbooks). The secondary source analysis entailed library-based research in order to identify relevant theories of youth offending in criminology. One other significant resource utilised in this research was the Internet, which was convenient for downloading
Outline the laws and government policies that have shaped and continue to affect Indigenous peoples experiences of criminal justice in Australia. Evaluate indigenous restorative justice alternatives and their appropriateness for cases of sexual a
Subject Code: 40066 Subject Name: Violence, Women and the Law Student ID Number: 270983 Word Count: 5000 Assignment Name or Number: 'Aboriginal victims of Aboriginal violence do not perceive the criminal justice system as a place where they might seek justice and relief from the daily attacks upon their personal and physical integrity. They feel themselves condemned to suffer.' (Pat O'Shane, 'Corroding the soul of the nation' (2002) 8 UNSW Law Journal Forum 5) Outline the laws and government policies that have shaped and continue to affect Indigenous peoples' experiences of criminal justice in Australia. Evaluate indigenous 'restorative justice' alternatives and their appropriateness for cases of sexual and family violence. You may like to develop some guidelines for non-Indigenous lawyers working in criminal justice positions with Indigenous survivors of sexual and domestic violence. VIOLENCE, WOMEN AND THE LAW I. INTRODUCTION Australia's laws and criminal justice system do not adequately address the issue of violence against indigenous women in their own community. Law and policies developed fail to adequately address the complexity of Aboriginal communities and value systems because they have been created without appropriate consultation or involvement of indigenous people. Further action is required to develop restorative justice alternatives, and to develop a
Business Law: Memorandum and Articles
Business Law: Memorandum and Articles The Companies Act provides that, as regards each of the various types of company, these documents shall be in the form specified by regulations made by the Secretary of State "or as near to that form as circumstances admit". This, however is treated with considerable latitude and so long as the documents submitted are in the same basic form as that specified and contain what the Act prescribes, the widest variations of content are permitted. Thus, as we shall see, the practice has long been to produce memoranda much lengthier than the prescribed forms because of inflated objects clauses-a practice which conceivable may change as a result of the reforms of the ultra vires doctrine by the Act of 1989. The present Regulations contain five Tables of which Table A, prescribing model articles for a company (whether public or private) limited by shares, is the most important and differs in its effect from the others. Such a company does not have to register articles (as opposed to the memorandum) and, if it does not, Table A (as in force if it does register articles, in so far as these do not exclude or modify Table A, its provisions will apply. Furthermore, it, and any other type of company (which will have to register articles) may, in them, adopt by reference any provisions of Table A. In contrast, the model articles in Table C (relating to
Hate crimes in this country are indeed at an all time high. According to the FBI, "a hate crime is a criminal offense motivated by bias, particularly against a given race, religion, disability, ethnicity, nationality, or sexual orientation
What to do about Hate Crimes in America Wm. Guy Harvey II Student AIU Online SOC210-0504B-02 Dale Howard November 26, 2005 What to do About Hate Crimes in America Hate crimes in this country are indeed at an all time high. According to the FBI, "a hate crime is a criminal offense motivated by bias, particularly against a given race, religion, disability, ethnicity, nationality, or sexual orientation" ("Hate Crimes," 2004). The FBI recorded some 9,730 hate crimes in 2001 from approximately 12,000 police agencies around the country. This is almost a 21% jump in reported hate crimes from 2000 ("ADL Calls for Expanded Education & Training to Address Significant Increase in Hate Crimes Reported to FBI," 2002). The majority of hate crimes committed each year is surprisingly not committed by people involved with hate groups but by individual people. The average person to commit a hate crime is someone who is said to resent a groups growing economic power. These people are said to engage in what is known as scapegoating. Others who commit hate crimes could feel a threat to there homes and/or property. Desegregation of public housing is thought to be a good example of this type of motivation. Lastly, you have what are referred to as thrill seekers and the mission offenders. Thrill seekers are the type of people randomly target random people of minority group to harass or
Does prison meet the needs of prisoners?
Does prison meet the needs of prisoners? Prisoners in Britain come in all forms: men, women, black, white, Asian, young, old, disabled, Christian, catholic and Muslim. Naturally, they all have different needs but the question is, can prison in today's contemporary society cater for all of the different types of prisoner? Women represent only a small minority of the prison population, and this is true on both a global and national scale. At January 2000, in England and Wales, there were 3,240 female prisoners, which represented 5.1% of the prison population. This figure puts the female prison population at its highest since 1905 (Devlin 1998). Devlin argues that women become 'invisible' as soon as they pass through the prison gates as they are subsumed into a world that is predominantly masculine and insensitive to their very different needs. Since feminism really flowered in the 1970's studies have shown the criminal justice system to be patriarchal, stereotyping women at all stages of the process. Women are said to be particularly more vulnerable in prison because many of them are in jail for their first time and most of them will not have expected to have been given a custodial sentence according to 'Managing the needs of female prisoners', commissioned by the Home Office. Devlin found that the women in her studies highlighted many of the things that need to be changed in
International Law: The Role of Foreign Lawyers in Japan
International Law: The Role of Foreign Lawyers in Japan Introduction Despite the western influences on modern Japanese law, there has been a reluctance to allow foreign attorneys to practice in Japan. Although recently a new bill has been placed before the Diet to relax the restrictions on foreign lawyers, even if passed, strict constraints on their scope of practice will still exist. This paper will highlight the problems facing foreign lawyers not only in terms of the limitations of their work, but their role in society and the difficulties faced in adapting to life in Japan Historical role of foreign lawyers in modern Japan In 1859 after many years of isolation, under much external and internal pressure, Japan opened up its borders to the outside world, allowing foreign trade. With the foreign trade came the inevitable presence of foreign lawyers to protect the foreign interests. Since then, Japanese attitudes and regulation towards foreign lawyers have run parallel to their state of international co-operation or isolation. Thus from the 1860's to the 1930's, or during the post-war occupation, foreign lawyers were welcomed, whilst during the prelude to the Second World War and the post-occupation assertion of nationalism and independence, foreign lawyers were prejudiced against with virtual prohibition of practice. Until recently, foreign attorneys have found high