Affirmative Action
Affirmative Action "Affirmative action" means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selection -- selection on the basis of race, gender, or ethnicity -- affirmative action generates intense controversy. The development, defense, and contestation of preferential affirmative action has proceeded in two streams. One has been legal and administrative, as courts, legislatures, and executive departments of government have applied laws and rules requiring affirmative action. The other has been public debate, where the practice of preferential treatment has spawned a vast literature, pro and con. Often enough, the two streams have failed to make adequate contact, with the public quarrels not always very securely anchored in any existing legal basis or practice. The ebb and flow of public controversy over affirmative action can be pictured as two spikes on a line, the first spike representing a period of passionate debate that began around 1972 and tapered off after 1980, and the second indicating a resurgence of debate in the 1990s. The first spike encompassed controversy about gender and racial preferences alike. This is because in the beginning, affirmative action was as much about the factory, firehouse, and
The "Weak" Law: Contaminations And Legal.
THE "WEAK" LAW: CONTAMINATIONS AND LEGAL CULTURES ITALIAN NATIONAL REPORT TO THE BRISTOL CONFERENCE By P.G.Monateri* Introduction: "Imperfect Alternatives" and the "Weak Thought" 2 PartI: Comparativism, Representation and Import 5 Culture and Difference. 5 Spread and Dissemination 8 Formants and Elites 10 The "Strategic" Model 12 Part II: A Portrait of Italy as a "Weak" Tradition. 15 The "Love affair" with the French 15 The "Coming of the Germans" 20 Conclusion: Convergence, Divergence and "Contamination" 24 Bibliography 26 Introduction: "Imperfect Alternatives" and the "Weak Thought" The subject matter of "Legal transplants" has been invented by Alan Watson for scholarly purposes in comparative legal studies1. But in the last decade the subject has been took over by purposive practical lawyers mainly involved in projects of "exporting" their own legal systems2, especially from the West, to the former Socialist countries, or to the vast exotic world of Non-westerners. These projects are normally explicit projects of governance based as they are on a quite clear cut political agenda, sometimes expressed in the old-fashioned jargon of the fifties centred on the rhetoric of the "multy-party democracy", the "rule of law", and the "free market economy". Lawyers involved in these projects of societal governance normally share one of two opposite attitudes. The
A critical evaluation of the regulation of legal prostitution in Victoria.
A critical evaluation of the regulation of legal prostitution in Victoria in the light of regulatory theories such as those covered in this course, including an analysis of the aims and choice of regulatory methods of the current scheme, the effectiveness of the current scheme, and the nature and effectiveness of its consumer protections. Introduction For some the prostitution industry is just another service industry, where consumers buy and workers sell. For others it is an industry that represents immorality and depravity. Historically, the need to 'protect' society from the evils of prostitution has seen governments attempt to eradicate the industry with harsh criminal sanctions. The regulatory methods employed emanated from a belief that the problem required strict social control, control that only the government was able to administer. The evolution of knowledge with respect to the industry itself has seen societal attitudes change towards the 'dangers' of prostitution. Rather than attempt to eliminate the existence of prostitution, it has been recognised that the peripheral harms of the industry must be tackled. Whilst regulators have changed their approach with respect to 'whether' and 'how' prostitution should be regulated, the methods used have drawn criticism. This paper will explore the current regulatory regime employed in Victoria to regulate prostitution,
Judicial accountability
NATIONAL LAW UNIVERSITY JODHPUR a project on JUDICIAL ACCOUNTABILITY for the partial fulfillment of B.Sc. LL. B. (Hons.) Submitted to: Dr. Santosh Jain Faculty In charge Legal Language Submitted by: Anand Varma IInd Semester Roll No - 169 Table of Contents S. No Chapter Page No. . Introduction 6 2. Commissions of Inquiry Act, 1952 & Judicial Independence 9 3. Judicial Accountability & Indian Constitution 2 4. Judicial Independence Vis-À-Vis Judges Inquiry Act, 1968 7 5. Judicial Approach- Justice Arun Madan's Case 20 6. National Judicial Commission and Its Implications 23 7. Conclusion 27 8. Bibliography 28 Table of Cases . C. Ravichandran Iyer v. Justice A.M. Bhattacharjee & Ors. (1995) 5 SCC 457 2. Chandra Kumar v. Union of India (AIR 1997 SC 1125) 3. K. Veeraswami v. Union of India (1991) 3 SCC 655 4. Krishnaswami V. Union of India (1992) 4 SCC 605 5. M.P. Goswami v. B. K. Rai, J. & other judges including CJI (Decided recently so not yet published but text provided in annexure II) 6. P.V. Jagannath Rao & Ors. v. State of Orissa & Ors. (AIR 1969 SC 215) 7. S.C. Advocates on record Assn. v. Union of India (AIR 1994 SC 268) 8. S.P. Gupta v. Union Of India (AIR 1982 SC 149) 9. Sarojini Ramaswami v. Union of India (1992) 4 SCC 506 0. Sub - Committee on The Judicial Accountability v. Union Of India (1991) 4 SCC 699 Table of
Non Violence and Black Power: How differing conceptions of power led to the transition in goals and
Non Violence and Black Power: How differing conceptions of power led to the transition in goals and Contents Preface.Page iii Glossary.................................Page 1 Section One: Conceptions of Power and Strategies of Action.....................Page 2 Section Two: Historical Background.......Page 13 Section Three: From Non-Violence to Black Power....................................Page 26 Section Four: Conclusion.................Page 54 Bibliography.............................Page 60 Preface This analysis illustrates how different conceptions of the nature of power relations in American society led, in the mid-1960's to the transition of the civil rights movement from one founded upon 'non-violence', to one characterised in terms of 'black power'. The analysis is presented in terms of two 'models' of power, 'pluralist' and 'elitist', which are applied to the two philosophies above, respectively. The King led movement is depicted as reformist, seeking integration into American society, following certain alterations and adjustments. It is shown to perceive racial inequality in terms of the Jim Crow system of segregation, and as a consequence sought its destruction, using NVDA to bring about legal reform. The 'black power' movement conversely is classified in terms of a more radical analysis of the power structure. One that rejects reform and
Whether to sueIn civil cases, it is up to the potential claimant (formerly called the plaintiff) to decide whether or not to begin legal proceedings.
Whether to sue In civil cases, it is up to the potential claimant (formerly called the plaintiff) to decide whether or not to begin legal proceedings. There is no compulsion on a person who has suffered personal injuries, or who has lost money through another party's breach of contract, to take legal action, and in the overwhelming majority of cases he does not in fact do so Most people (and all sensible people!) try to resolve their disagreements without going to law. After legal action has started there are still often negotiations "without prejudice" aimed at reaching a settlement, and these can continue even during the trial. Only about 1 per cent of civil actions started by the issue of a claim form end in a completed trial. The factors likely to influence a potential claimant deciding whether to start proceedings are not easy to identify. The likelihood of success is presumably one factor: that will be determined not only by the legal strength of the case but by the quality of the available evidence. The potential gains and losses must also come into the calculation, so that the damages claimed (multiplied by a probability factor, and taking into account the other party's ability to pay) can be set against the potential costs of an unsuccessful action. But other less easily quantifiable elements may be present too - the desire to forget an unpleasant incident as
Goodhart's Law: Its Origins, Meaning and Implications for Monetary Policy.
Goodhart's Law: Its Origins, Meaning and Implications for Monetary Policy By K. Alec Chrystal (City University Business School, London) and Paul D. Mizen (University of Nottingham) Prepared for the Festschrift in honour of Charles Goodhart to be held on 15-16 November 2001 at the Bank of England. We are grateful for comments and suggestions from Christopher Allsopp, Michael Artis, Forrest Capie, Charles Goodhart, Andy Mullineux, Simon Price, Daniel Thornton, Peter Westaway and Geoffrey Wood. 2 November 2001 . Introduction Many distinguished economists have their name associated with some theory, concept or tool in economics. Obvious examples include: Giffen goods, the Pigou effect, Nash equilibrium, the Coase theorem, the Phillips curve, the Rybczynski and Stolper-Samuelson theorems, Ricardian equivalence, the Engle curve, the Edgeworth-Bowley box, Tobin's q, and the Lucas critique. However, very few economists are honoured by having their name associated with a "law". Charles Goodhart joins Sir Thomas Gresham, Leon Walras, and Jean-Baptiste Say in a very select club. In this paper we explain Goodhart's Law and the context in which it arose, and discuss whether it has the qualities that will help it survive over time. Mainly this requires that it can be adapted to new circumstances as the world changes. Gresham's law, for example, was invented to
Examine in the light of the Maltese Jurisprudence, discuss the role, status and distinct interest of plaintiff, defendants, joinder and intervenor in the civil action. Does the Court have any procedural duties?
Examine in the light of the Maltese Jurisprudence, discuss the role, status and distinct interest of plaintiff, defendants, joinder and intervenor in the civil action. Does the Court have any procedural duties? Focus on the procedural possibilities and remedies available to each party considered. The Civil Process The civil jurisdiction1 is a special type of jurisdiction which has the purpose to ensure the observance of the civil law norms. The object of the protection afforded by the civil jurisdiction is the "subjective right". This subjective right is a subjective position which can be inferred from the substantive law. That is, the civil law provides for certain rights and corresponding obligations. The right of the lessor to receive rent is a subjective right, which is conferred by the substantive civil law. At times, such rights are also conferred by the public law, for example the rules relating to public property, still fall within the competence of the civil courts. The civil process is addressed towards the safeguard of such rules. The organs of civil jurisdiction could be divided into ordinary and special. The former deal with all sorts of proceedings, with the exception of those proceedings, of a particular nature, which are to be dealt with by ad hoc (or special) organs.2 The cognition process The ordinary cognition process is the archetype of the civil
money laundering
It is nearly 3 years to the day since the U.K anti-money laundering legislation was significantly amended and consolidated with the implementation of the Proceeds of Crimes Act 2002(POCA).It is only a matter of days before the 2nd European Directive, the so called EUgatekeepers initiative, will be implemented in the United Kingdom by the much Money Laundering Regulations 2003.The few years consultation and implementation period ends on the 1st March. There is little doubt that the impetus behind the drive of governments worldwide to implement legislation to combat money laundering was given extra force by the events of September 11 2001.To this end attention has increasingly focused non gatekeepers the professionals such as lawyers, tax advisers and accountants who have become as essential resource to the criminals who nee to clean huge sums of money made from the proceeds of crime. All EU members will have to implement the directive, including the new members joining the Union last year. At the time of writing, the following countries have fully implemented the second directive; Austria, Belgium, Finland, Germany, Ireland, Spain, the Netherlands and the U.K.Member states have a level of discretion in implementing the directive. It is important, therefore, that regulated UK professionals and business ensure that their own procedures are independently compliant with the 2003
Critically discuss the hearsay rule and the exceptions to it
The origins of the hearsay rule can be traced to the trial of Sir Walter Raleigh in 1603, who was found guilty of high treason on the basis of testimony that someone had overheard someone else say they heard Raleigh would slit the King's throat. The disgrace of this trial and its wrongful conviction led English jurists to develop a hard and fast rule against hearsay evidence, with hearsay defined as the words of a stranger to parties; that is, the words of someone to which neither the State nor the defendant are privy. Not being privy to the person who spoke the original words means that an 'out-of-court' statement is being repeated in court by a person who overheard another person outside of court make a statement, and indeed, this is the common law definition of hearsay.1 'Critically discuss the hearsay rule and the exceptions to it, in light of the requirements of justice.' Definition . Section 114 The Criminal Justice Act 2003 (CJA 2003) defines hearsay evidence as any 'statement not made in oral evidence in the proceedings.' Reliance on a statement made otherwise than while giving evidence to prove the truth of a fact asserted remains hearsay. 2. The general rule is that such a statement is inadmissible as evidence of the truth of the facts stated. 1 3. The rule applies: o to both examination in chief and cross-examination; o whether the statement was made by
