Waiving Our Rights


Waiving Our Rights
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Waiving Our Rights


Waiving Our Rights
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Author : Orlan Lee
language : en
Publisher: Lexington Books
Release Date : 2012

Waiving Our Rights written by Orlan Lee and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.


The United States is not a police state, but Congress is subject to special interests lobbying in pursuit of abusive commercial practices that leave a lot to be desired for transparency and accountability. It is illegal to data-mine personal files held by government agencies, schools and universities, or medical facilities. It is illegal to collect and publish defamatory gossip and hearsay about private citizens. But it is legal to oblige Americans to "waive" their rights to privacy and their right to sue for invasion of privacy for defamation by anonymous third-parties in order to receive essential services or apply for employment. Americans are obliged to "waive" their rights in essentially all applications for employment, credit, housing, public utilities, telephone or mobile phone service, internet access, and even cable TV connection. The law requires "notice and consent" whenever such waivers are included in employment applications, but consumer reporting agencies have learned to use deceptive methods to avoid drawing the attention of applicants to the meaning and consequence of such language. Recent law dispenses with "notice and consent" for private-eye quasi-criminal investigations of "suspected misconduct" by an employee altogether. In effect, this bypasses "probable cause," "innocent until proven guilty," the "right to know the nature of an accusation," the "right to confront witnesses," the "rule against double jeopardy," and the "right to sue for defamation, and/or interference with employment." Orlan Lee questions the validity of any such "waivers," and seeks to alert Americans to the need to protect their fundamental rights.



State Immunity In International Law


State Immunity In International Law
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Author : Xiaodong Yang
language : en
Publisher: Cambridge University Press
Release Date : 2012-09-27

State Immunity In International Law written by Xiaodong Yang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.


Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.



Diplomatic Law


Diplomatic Law
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Author : Eileen Denza
language : en
Publisher: Oxford University Press
Release Date : 2016-01-14

Diplomatic Law written by Eileen Denza and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-14 with Law categories.


The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.



Waiver Of Moral Rights In Visual Artworks


Waiver Of Moral Rights In Visual Artworks
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Author : Library of Congress. Copyright Office
language : en
Publisher: Library of Congress
Release Date : 1996

Waiver Of Moral Rights In Visual Artworks written by Library of Congress. Copyright Office and has been published by Library of Congress this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.




The Law Of Waiver Variation And Estoppel


The Law Of Waiver Variation And Estoppel
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Author : Sean Wilken
language : en
Publisher: OUP Oxford
Release Date : 2012-02-02

The Law Of Waiver Variation And Estoppel written by Sean Wilken and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-02 with Law categories.


The doctrines of waiver, variation and estoppel are relied upon to justify or criticize a party's changed position as to its contractual obligations. This book provides a complete practitioner guide to these complex but important doctrines, analysing their basic foundations and their relationship with other areas of law including contract, restitution, and equity. As well as clarifying and explaining these doctrines in relation to other areas it also considers their application in various aspects of commercial law. This new edition provides a thorough analysis of the increasing trend in commercial parties to insert "no waiver" clauses into contracts and considers the behaviour adopted by the courts in relation to these and other matters. It also includes coverage of important cases such as the House of Lords decision in Yeoman v Cobbe, Dallah Real Estate v Pakistan Ministry of Religious Affairs and those such as the Scottish decision in City Inns which demonstrate an on-going confusion and uncertainty in the analysis and application of these doctrines.



Model Rules Of Professional Conduct


Model Rules Of Professional Conduct
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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007

Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.


The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.



The Beginnings Of English Law


The Beginnings Of English Law
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Author : Lisi Oliver
language : en
Publisher: University of Toronto Press
Release Date : 2012-10-30

The Beginnings Of English Law written by Lisi Oliver and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-30 with History categories.


The laws of Æthelbert of Kent (ca. 600), Hlohere and Eadric (685x686), and Wihtred (695), are the earliest laws from Anglo-Saxon England, and the first Germanic laws written in the vernacular. They are of unique importance as the only extant early medieval English laws that delineate the progress of law and legal language in the early days of the conversion to Christianity. Æthelbert's laws, the closest existing equivalent to Germanic law as it was transmitted in a pre-literate period, contrast with Hlohere and Eadric's expanded laws, which concentrate on legal procedure and process, and again contrast with the further changed laws of Wihtred which demonstrate how the new religion of Christianity adapted and changed the law to conform to changing social mores. This volume updates previous works with current scholarship in the fields of linguistics and social and legal history to present new editions and translations of these three Kentish pre-Alfredian laws. Each body of law is situated within its historical, literary, and legal context, annotated, and provided with facing-page translation.



Classic Readings And Cases In The Philosophy Of Law


Classic Readings And Cases In The Philosophy Of Law
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Author : Susan Dimock
language : en
Publisher: Routledge
Release Date : 2016-09-16

Classic Readings And Cases In The Philosophy Of Law written by Susan Dimock and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-16 with Philosophy categories.


With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically. Classic Readings and Cases in the Philosophy of Law centers on five major questions: What is law? What, if any, connection must there be between law and morality? When should law be used to restrict the liberty of individuals? To what extent should democratic states permit civil disobedience? What, if anything, justifies the infliction of punishment on those who violate the law? The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. Brief introductions to each case describe the central issue being litigated, the legal reasoning of the justices–both majority and dissenting–the decision of the court, and its philosophical significance.



Readings In The Philosophy Of Law


Readings In The Philosophy Of Law
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Author : Jules L. Coleman
language : en
Publisher: Routledge
Release Date : 2013-11-26

Readings In The Philosophy Of Law written by Jules L. Coleman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-26 with Philosophy categories.


An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays that are not otherwise available in one volume. The reader sees each author's thoughts and arguments unfold naturally within the context of other important works. For breadth of contributions and intellectual rigor, Readings in Philosophy of Law is unrivalled.



Rights Forfeiture And Punishment


Rights Forfeiture And Punishment
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Author : Christopher Heath Wellman
language : en
Publisher: Oxford University Press
Release Date : 2017

Rights Forfeiture And Punishment written by Christopher Heath Wellman and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Philosophy categories.


In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment