Delaware). The smaller ones feared a loss of sovereignty if they could be outvoted by the larger ones, so the federal legislature was constructed to guarantee two Senate seats for every state, no matter how small. The Senate was also given great responsibility in ratifying treaties and judicial nominations. The net effect of this today is that senators from a very small number of states can block treaties and other important legislation. The power of small states is also magnified by the Senate’s cloture rule, which currently requires sixty out of one hundred senators to vote to bring a bill to the floor for an up-or-down vote. Because the Constitution often speaks in general terms (with broad phrases such as “due process” and “equal protection”), reasonable people have disagreed as to how those terms apply in specific cases. The United States is unique among industrialized democracies in having a Supreme Court that reserves for itself that exclusive power to interpret what the Constitution means. The famous case of Marbury v. Madison began that tradition in 1803, when the Supreme Court had marginal importance in the new republic. The decision in Bush v. Gore, decided in December of 2000, illustrates the power of the court to shape our destiny as a nation. In that case, the court overturned a ruling by the Florida Supreme Court regarding the way to proceed on a recount of the Florida vote for the presidency. The court’s ruling was purportedly based on the “equal protection of the laws” provision in the Fourteenth Amendment. From Marbury to the present day, the Supreme Court has articulated the view that the US Constitution sets the framework for all other US laws, whether statutory or judicially created. Thus any statute (or portion thereof) or legal ruling (judicial or administrative) in conflict with the Constitution is not enforceable. And as the Bush v. Gore decision indicates, the states are not entirely free to do what they might choose; their own sovereignty is limited by their union with the other states in a federal sovereign. If the Supreme Court makes a “bad decision” as to what the Constitution means, it is not easily
functioned (with some differences) much like they did in colonial times. The big difference after 1789 was that state courts coexisted with federal courts. Federalism was the system devised by the nation’s founders in which power is shared between states and the federal government. This sharing requires a division of labor between the states and the federal government. It is Article III of the US Constitution that spells out the respective spheres of authority (jurisdiction) between state and federal courts. Take a close look at Article III of the Constitution. (You can find a printable copy of the Constitution at http://www.findlaw.com.) Article III makes clear that federal courts are courts of limited power or jurisdiction. Notice that the only kinds of cases federal courts are authorized to deal with have strong federal connections. For example, federal courts have jurisdiction when a federal law is being used by the plaintiff or prosecutor (a “federal question” case) or the case arises “in admiralty” (meaning that the problem arose not on land but on sea, beyond the territorial jurisdiction of any state, or in navigable waters within the United States). Implied in this list is the clear notion that states would continue to have their own laws, interpreted by their own courts, and that federal courts were needed only where the issues raised by the parties had a clear federal connection. The exception to this is diversity jurisdiction,
In contrast, procedural laws are the rules of courts and administrative agencies. They tell us how to proceed if there is a substantive-law problem. For example, if you drive fifty-three miles per hour in a forty mile-per-hour zone on Main Street on a Saturday night and get a ticket, you have broken a substantive rule of law (the posted speed limit). Just how and what gets decided in court is a matter of procedural law. Is the police officer’s word final, or do you get your say before a judge? If so, who goes first, you or the officer? Do you have the right to be represented by legal counsel? Does the hearing or trial have to take place within a certain time period? A week? A month? How long can the state take to bring its case? What kinds of evidence will be relevant? Radar? (Does it matter what kind of training the officer has had on the radar device? Whether the radar device had been tested adequately?) The officer’s personal observation? (What kind of training has he had, how is he qualified to judge the speed of a car, and other questions arise.) What if you unwisely bragged to a friend at a party recently that you went a hundred miles an hour on Main Street five years ago at half past three on a Tuesday morning? (If the prosecutor knows of this and the “friend” is willing to testify, is it relevant to the charge of fifty-three in a forty-mile- per-hour zone?)
This course is designed to introduce students to the scope and methods of international studies. Topics of transnational significance, especially those which reveal the similarities and differences of the world’s societies and cultures will be considered. Given the interdisciplinary nature of the program issues of world geography, society, economy, environment and politics will be examined from different cultural and theoretical perspectives.
Attempts to reduce the negative impact of corporate activities on social and human rights have faced many challenges. According to McCorquodale (2009), efforts to curb TNC human rights violations often fail due to suspicious oversight by foreign governments. Human rights advocates recently accused the Zambian government of poorly enforcing labor laws and mining regulations to solicit foreign direct investment from Chinese copper mining companies (Human Rights Watch, 2012). Similarly, Australian-based BHP Corporation reportedly wielded such a strong influence over the government of Papua New Guinea through the enactment of laws to protect the company from legal liability (McCorquodale, 2009). As noted by Aguirre (2011, p. 125), this dilemma forced the international community to ask, “How can responsibility be extended to hundreds of thousands of TNCs if states and are increasingly unwilling and unable to regulate them?”
The easiest way to enter the Canadian market would be to transact business from the US headquarters and not to establish operations in Canada. This strategy would result in the lowest transaction costs and have the least legal ramifications, as US law would apply to a particular transaction with the exception of those areas which must be governed pursuant to local law. The most typical exception is the ROC’s equivalent of the Uniform Commercial Code’s (the “UCC”) Article 9, being the Personal Property Security Act (the “PPSA”), personal property security legislation across the provinces. Many provisions of the PPSA cannot be contracted out of, and knowledge of this law is essential. As will be discussed below, the PPSA is modeled on the UCC’s Article 9.
It could be convenient to provide at this point of our survey a short explanation of the case method used for twenty years in the Civil Law tradition at Austral Law School. The employment of this methodology largely resembles the use in American law schools; Austral tried to follow and adapt to Civil Law needs. The use of case method in this Argentinean law school is therefore much closer to the current American legal education approach than to the way this methodology was used in the Civil Law in ancient, medieval, and colonial times. Nevertheless, the utilization of case method in Austral adds to the United States common experience a strong combination with the teaching of general framework of legal concepts that is required for a logic and structured legal system like the Civil Law. The results of using this methodology to expand the benefits of an ordered system like the Civil Law for the training of a critical legal mind are extraordinary. However, naturally, the use of case method in the environment of Civil Law demands a special and continuous effort, and Austral Law School needs to focus again and again its commitment with this methodology. The reasons probably are the constraints to know the complete logic system, characteristic of Civil Law, and the formation and customs of the professors of this legal tradition, conspires against the use of this pedagogical tool.
those candidates. Fearing the influence of money on politics, Congress has from time to time placed limitations on corporate contributions to political campaigns. But the Supreme Court has had mixed reactions over time. Initially, the court recognized the First Amendment right of a corporation to donate money, subject to certain limits.  In another case, Austin v. Michigan Chamber of Commerce (1990), the Michigan Campaign Finance Act prohibited corporations from using treasury money for independent expenditures to support or oppose candidates in elections for state offices. But a corporation could make such expenditures if it set up an independent fund designated solely for political purposes. The law was passed on the assumption that “the unique legal and economic characteristics of corporations necessitate some regulation of their political expenditures to avoid corruption or the appearance of corruption.” The Michigan Chamber of Commerce wanted to support a candidate for Michigan’s House of Representatives by using general funds to sponsor a newspaper advertisement and argued that as a nonprofit organization, it was not really like a business firm. The court disagreed and upheld the Michigan law. Justice Marshall found that the chamber was akin to a business group, given its activities, linkages with community business leaders, and high percentage of members (over 75 percent) that were business corporations. Furthermore, Justice Marshall found that the statute was narrowly crafted and
The tenet of law gives direction and course in each territory of business. For instance, it gives a way to convey a grumbling against another gathering to an unbiased chief so that a choice can be made with respect to the question. On account of our principle of law framework, we realize that we are allowed to document a protestation in the correct court to start litigation. On the other hand we can attempt an option strategy for question determination in the event that we don't wish to take part in prosecution.
Additionally, concerns about fairness do not end at contract formation. If a dispute arises and mandatory arbitration is commenced, the unequal power between parties will continue to be an important issue. In the case between a credit card company and an average consumer debtor, the credit card company would clearly be in a more powerful position vis-à-vis the debtor by virtue of the company’s financial strength and all that comes with it, such as experienced attorneys on staff, dispute-resolution experience, and contractual terms that favor it, rather than the consumer debtor. In such cases, if the consumer debtor is the aggrieved party, he may very well decide to drop the matter, especially if the arbitration clause requires arbitration proceedings to occur in a distant city. The credit card company will have vast financial resources as compared to the consumer debtor. Moreover, in this example the credit card company’s legal counsel will know how to navigate the arbitration process and will have experience in dispute resolution, processes that often confound people who are not trained in law. Additionally, the list of arbitrators may include people who are dependent on repeat business from the credit card company for their own livelihoods, thereby creating—or at least suggesting—an inherent conflict of interest. Many mandatory arbitration clauses create binding awards on one party while reserving the right to bring a claim in court to the other party. That is, a mandatory arbitration clause may allow the credit card company to appeal an arbitrator’s award but to render an award binding on the consumer debtor. Obviously, this would allow the credit card company to appeal an unfavorable ruling, while requiring the consumer debtor to abide by an arbitrator’s unfavorable ruling. To a consumer debtor, the arbitration experience can seem like a game played on the credit card company’s home court—daunting, feckless, and
considers family and business as two subsystems which coevolve in creating a different species, the family business. Foundations are seen as coevolution facilitators supporting the coevolution process, outlining a specific grow path for family firms, and ensuring family business sustainability. An empirical analysis on Italian family businessfoundations is developed. The Italian context is taken into consideration because family firms are the backbone of the Italian economy, and the largest family foundations are those created by the most important entrepreneurial families. Data bring to light the structural role played by family businessfoundations in Italy and their involvement in the field of culture and art, research and training, health care, and territorial responsibility. The analysis shows the growth of family businessfoundations in recent years and their connection with long-lived companies with whom a close connection is maintained, leading to a lasting intergenerational sustainability.
Saint Peter replied: “We pulled your billing records.” — A common joke. “Eben Moglen, now a Columbia law professor, actu- ally did bill 27 hours for Cravath, Swaine [in one day, by claiming he worked around the clock while traveling from the East Coast to California].”
This paper questions the possibility of a criminal law capable of only sanctioning the person responsible for an illicit act. The data described in this paper demonstrates that, especially in the Latin American prison context, where the State often fails to meet its obligation to provide the minimum goods necessary to guarantee the basic needs of the person it has incarcerated, criminal law fails to only affect the offender. The data also further shows that, the effects of criminal law extend to the family, having a severe, negative impact on those whom the law recognizes as innocent. This is because even when prison conditions are ideal, family members must pay for transportation to the prisons, legal proceedings, child support and, must suffer the social and health costs of imprisonment.
famous Mannemann case. Bundesgerichtshof [BGH] [Federal Court of Justice], Dec. 21, 2005, 59 N EUE J URISTISCHE W OCHENSCHRIFT [NJW] 522, 524 (2006). Also, various lower courts have applied section 87 (1) of the German Stock Corporation Act. See, e.g., Landgericht München [LG München] [Court of Appeals of Munich], March 29, 2007, 10 N EUE Z EITSCHRIFT FÜR G ESELLSCHAFTSRECHT [NZG] 477, 477 (2007) (refusing to find a violation of § 87 (1) (1) despite atypically high compensation payments because the specific circumstances justified the amount of the compensation); Oberlandesgericht München [OLG München] [Higher Court of Appeal], May, 7, 2008, 10 N EUE Z EITSCHRIFT FÜR G ESELLSCHAFTSRECHT [NZG] 631, 632–33 (2007) (finding that section 87 (1) (1) had been violated). Moreover, this principle has repeatedly become relevant in the law on close corporation where it lacks a statutory basis but is recognized as judge-made law. E.g., Bundesgerichtshof [BGH] [Federal Court of Justice], June 15, 1992, 45 Neue Juristische Wochenschrift [NJW] 2894, 2896 (1992) (holding that a director‘s fiduciary duty may require the director to consent to a lowering of his compensation and noting that this requires the court to analyze whether the director‘s compensation is unreasonably high (―überhöht‖)).
(DePamphilis 2003 pp457-458) During ratio analysis it is important to understand the fluctuations in the ratios and the causes. The trends must be compared with the industry to reveal macro or micro causes. Profitability and activity ratios can tell so much about characteristics of the business, such as competition, market opportunities and how mature the market is. If there is slack in the industry enhancing management and planning better marketing techniques may get things better but these kinds of opportunities has to be considered with other departments such as marketing.
Although the trend in most states has been to abolish the office and courts of justice of the peace, and transferring their powers and functions to ther courts, the office of the justice of the peace does still function in today’s American legal system (Black, 1990: 864).
utilitarian foundation really require such precise data?; and (2) Why am I willing to adopt alternative foundations rooted in fuzzy and amorphous deontological notions of autonomy and fairness while rejecting utilitarianism due to a lack of stringent proof? Both questions in a sense come down to this issue of consistency: am I being consistent when I reject utilitarianism for lack of precise data while championing a set of foundations that themselves hardly seem a model of precision? After all, there is nothing like universal agreement that Locke and company have arrived at the one correct and true basis for awarding private property rights. So why do I say their reasons are superior in the case of IP rights? Is it not better to build on solid data, even if incomplete, rather than vague and sketchy concepts drawn from outmoded and opaque philosophic texts?
able for tenants and responsive businesses arrangements are operating in proper manner, the incubator is ready to upscale in the maturity stage. Maturity stage is when the incubators spread its influence around the region and can accommodate the increased demand for their services. Nonetheless, there is a common in their final objective - to provide entrepreneurs with services in order to enable ten- ants to reduce their overhead costs, to improve the survival of new start-ups, to support their growth and to strength competitiveness and innovations. As Smilor stated “the ba- sic concept behind the new business incubator – whether technology- oriented or non-technical, urban or rural, non- profit or for-profit, public or private, locally owned or part of a chain – is to leverage entrepreneurial talent” (Smilor, 1987). Indeed, this makes the incubator concept unique. From this point of view, university-base business incubators is not a special type of BI because they meet all the above men- tioned characteristics of “typical” BI. The crucial differences are that university, usually local, shares space and provides all services; students and graduates of this university are the main entrepreneurs of UBIs.
Some accounts of using the Explorer suggest 'publishing' a web service based solely on the publishing of a single Service Interface. However, I prefer to remain closer to the spirit of UDDI and to publish a fuller set of descriptions, which in this case are composed of a Business that is linked to one or more Services. When we publish a service, the Explorer will access the WSDL document and will also automatically publish a Service Interface based on this information. Publishing a fuller set of descriptions will facilitate searching for the service and provide greater support for others wanting to contact the publishing organisation, for example.
3. The Model Code Decoded: Examples of Non-Neutral “Neutrality” Doctrinally, neutral partisanship is supported by attempting to set a baseline of conduct that is unpoliticized. However, the very con- ceptions of what is a lawyer‘s proper role, what are a lawyer‘s man- datory duties, and how daily practice unfolds have rippling repercus- sions for the bar generally, certain lawyers in particular, disenfran- chised clients, and the legal system. These choices are not neutral, nor can they be. The choices made in the Model Code, and now the Model Rules, reflect a certain view of agency and the lawyer‘s priori- tization of duties to client, law, society, and broader morality. It is a moral view, and it cannot be neutral. In it, agency is defined in terms of a certain type of loyalty, a certain type of candor (regarding the law but not the lawyer‘s self), a certain type of competency, and confidenti- ality. In it, duties to clients are paramount. The examples provided below are meant to be illustrative of this point, but not exhaustive. The 1969 Model Code set priorities for the legal profession by enumerating skills or duties necessary for lawyering in the discipli- nary rules. These enumerated duties included competence, diligence, loyalty, and candor. 191 In keeping with established conventions of