Library: Law

This Thesis presents a proposal for building an effective, legitimate, and transparent judicial system in the investor-state dispute settlement through an appellate review mechanism for the awards of ad hoc arbitral tribunals. Current investment dispute settlement system includes the arbitration facilities provided by institutions such as ICSID and ad hoc arbitration tribunals agreed by the disputing parties. This Thesis argues that this scheme of investment arbitration lacks the mechanisms for correcting the legal errors and securing the consistency between arbitral awards for the similar iss...

Juvenile firesetting is a complex and dangerous problem. According to the National Fire Protection Association (NFPA) between 2005 and 2009 juvenile firesetters were responsible on average for 56,300 fires annually and, according to the Federal Bureau of Investigation, over the past twenty years more than half of juvenile arrests have been for arson. The Federal Emergency Management Agency's (FEMA) Juvenile Firesetter Intervention Handbook provides risk assessment tools to assess future firesetting involvement. The fire service, because of its role in fire suppression and investigation, is oft...

This research is conducted with an intention to have an overview of the contracts made online, what possible difficulties can arise within such commercial transactions and to assist readers upon the legal ambiance which environs it.

The aim of this paper is to explore prison's class and symbolic dimensions in the Neoliberal Era. Neoliberalism was approached as the empowerment of the market which leads to the dismantlement of the social welfare state and to the strengthening of the penal state for the marginalised populations. Also, it was analysed as the 'conduct of conduct' in the Foucauldian sense, as it was argued that prison is a tool of government, functioning for the management of the marginalised populations. An effort was undertaken to discuss the differences of the US, the 'carceral example', with the European Un...

International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. Th...

The purpose of this study was to identify the factors associated with the utilization of preadjudicatory detention among juveniles in the United States. Specifically, this study identified: (a) the philosophical basis associated with the utilization of the preadjudicatory detention of juveniles, (b) the legal origins of the preadjudicatory detention of juveniles, (c) a number of theoretical perspectives associated with the use of preadjudicatory detention of juveniles, and (d) whether legal (i.e., prior record, offense, etc.) or extralegal factors (i.e., race, gender, etc.) were associated wit...

The solvency of the Medicare Trust Fund has been debated for the past twenty-five years and despite various stop-gap measures, fraud and abuse continues. Public policy in the form of Stark legislation, anti-kickback laws, and false claims acts were enacted to reduce over-utilization of services and prohibit self-referral and inducements for patients and services. Despite public policy and continued prosecution of fraud, Medicare reimbursement methods fail to control physician conduct of over-utilization and inducements for referrals. Following the concept of the informed consent doctrine a...

Chapter one argues for the important contribution that a natural law based framework can make towards an analysis and assessment of key controversies surrounding the practices of suicide, assisted suicide, and voluntary euthanasia. The second chapter considers a number of historical contributions to the debate. The third chapter takes up the modern context of ideas that have increasingly come to the fore in shaping the 'push' for reform. Particular areas focused upon include the value of human life, the value of personal autonomy, and the rejection of double effect reasoning. Chapt...

Lay participation in the criminal justice process in the form of a jury is a celebrated phenomenon throughout the common law jurisdictions. While not claiming credit for its origin, England, as the latent cradle of the modern jury, disseminated this mode of trial to a great part of the world through colonization. Yet, trial by jury does not enjoy constitutional protection under English law. The system has been under severe criticism, curtailment and considerable pressure in recent times, perhaps far more than in other countries. Critics have demanded reform or outright abolition and supporters...

The Internet was designed for effective movement of data -accurate and complete- from any point to any other point. The communication protocols, technological foundation, and original governance of the Internet all worked toward this goal. In contrast, legal constraints on transmission of information often have the obverse objectives of limiting, controlling, or preventing this movement of content. This dissertation proposes that the fundamental architecture of the Internet must change in order to allow effective regulation and legal control of content on the Internet.