Library: Law

Traditional Islamic law has long been regarded as academic, local in nature, and relevant only as a measure of the inadequacy of women’s rights in the family law regimes of a few Islamic states. In opposition, the author argues that the Sharia is both a quasi-regional customary international law capable of competing with prevailing customary international law, and brings its own international agenda of “Islamic human rights” that compete with and seek to displace “Western human rights.” Rather than acknowledging the rights of Muslims qua Muslims internationally, aggressive proponents of an “Am...

This dissertation analyses developments of international arbitration on investment disputes. Recent years, there has been an extraordinary increase in the number of investment arbitration for breach of Bilateral Investment Treaties (BITs). These treaties include substantive and procedural rules to provide investment security and investment neutrality to foreign investor. In particular, most BITs have investor-state dispute settlement provision which allows investors to sue host states directly. Through analyzing the Turkish BIT experience, this study concludes that there are different appro...

This dissertation analyses developments in the international regulation of foreign direct investment (FDI). The international legal framework of investment encompasses numerous binding or non-binding legal instruments, including customary international law, bilateral investment treaties, and international organizations’ decisions and resolutions. The rules established by the international legal framework become effective and significant when they are able to be adapted by appropriate and compatible domestic law frameworks. Through analyzing the Turkish foreign investment regulations and pol...

148 undergraduate students acted as mock jurors in a study that manipulated the following variables to assess their influence on Subjects’ determination of guilt and sentencing severity of a criminal defendant: race of defendant, social economic status (SES) of defendant, race of victim, and credibility of defense attorney. A chi square analysis of the relationship between the four independent variables and verdict found defendant SES and attorney quality/credibility to be significant. A 2 x 2 x 2 x 2 anova for sentence length found a main effect of attorney quality and a significant interact...

I. Introduction The actuality of the abortion issue is explained in this chapter. The author expresses his determination to explore philosophical and historical background of this problem in the United States and Germany emphasising the legal development of abortion regulations. The comparative legal method was used as a proper means to illuminate Croatian controversial situation concerning the termination of pregnancy and to contribute in a modest way to probable law reforms. The objective of this thesis is to prove, despite very different substantive rules of abortion regulations in these ...

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...

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...

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...

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...

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...