Search results

"A step-by-step guide to develop a flexible comprehensive operational due diligence program for private equity and real estate funds. Addressing the unique aspects and challenges associated with performing operational due diligence review of both private equity and real estate asset classes, this essential guide provides readers with the tools to develop a flexible comprehensive operational due diligence program for private equity and real estate. It includes techniques for analyzing fund legal documents and financial statements, as well as methods for evaluating operational risks concerning valuation methodologies, pricing documentation and illiquidity concerns. Covers topics including fund legal documents and financial statement analysis techniques Includes case studies in operational fraud. Companion website includes sample checklists, templates, spreadsheets, and links to laws and regulations referenced in the book. Equips investors with the tools to evaluate liquidity, valuation, and documentation. Also by Jason Scharfman: Hedge Fund Operational Due Diligence: Understanding the Risks. Filled with case studies, this book is required reading for private equity and real estate investors, as well as fund managers and service providers, for performing due diligence on the noninvestment risks associated with private equity and real estate funds"--

"Some towns in Nevada have legal brothels where sex can be bought lawfully, yet in Las Vegas, prostitutes and their patrons are regularly prosecuted for exchanging sex for money, just as they are elsewhere in the United States. While sex work has long been controversial, it has become even more contested over the past decade as laws, policies, and enforcement practices have become more repressive in many nations, partly as a result of the ascendancy of interest groups committed to the total abolition of the sex industry. Legalizing Prostitution maps out the current terrain. Using America as a backdrop, Weitzer draws on extensive field research in the Netherlands, Belgium, and Germany to illustrate alternatives to American-style criminalization and marginalization of sex workers. These cases are then used to develop a roster of "best practices" that can serve as a model for other nations considering legalization. Legalizing Prostitution provides a theoretically grounded comparative analysis of political dynamics, policy outcomes, and red-light landscapes in nations where prostitution has been legalized and regulated by the government, presenting a rich and novel portrait of the multifaceted world of legal sex for sale"--Provided by publisher

"Forty years ago, 96% of six-year-old children were enrolled in first grade or above. As of 2005, the figure was just 84%. The school attendance rate of six-year-olds has not decreased; rather, they are increasingly likely to be enrolled in kindergarten rather than first grade. This paper documents this historical shift. We show that only about a quarter of the change can be proximately explained by changes in school entry laws; the rest reflects "academic redshirting," the practice of enrolling a child in a grade lower than the one for which he is eligible. We show that the decreased grade attainment of six-year-olds reverberates well beyond the kindergarten classroom. Recent stagnation in the high school and college completion rates of young people is partly explained by their later start in primary school. The relatively late start of boys in primary school explains a small but significant portion of the rising gender gaps in high school graduation and college completion. Increases in the age of legal school entry intensify socioeconomic differences in educational attainment, since lower-income children are at greater risk of dropping out of school when they reach the legal age of school exit"--National Bureau of Economic Research web site

Introduction: background to controversy: marijuana and medicine -- Section one: opposing viewpoints on marijuana -- Viewpoint 1: Marijuana is a dangerous drug / Joseph V. Amodio -- Viewpoint 2: The dangers of marijuana are exaggerated / Maia Szalavitz -- Viewpoint 3: Marijuana should be legal / Steve Maich -- Viewpoint 4: Marijuana should be illegal / John P. Walters -- Viewpoint 5: Marijuana has medicinal value / National Organization for the Reform of Marijuana Laws -- Viewpoint 6: Marijuana is not medicine / Andrea Barthwell -- Section two: Model essays and writing exercises -- Preface A: The five-paragraph essay -- Preface B: The expository essay -- Model essay 1: The effects of marijuana -- Exercise 1: Create an outline from an existing essay -- Model essay two: Marijuana should be legal -- Exercise 2a: Create an outline from an existing essay -- Exercise 2b: Create an outline for an opposing expository essay -- Model essay three: The medical-marijuana debate -- Exercise 3a: Examining introductions and conclusions -- Exercise 3b: Using quotations to enliven your essay -- Final writing challenge: Write your own expository five-paragraph essay -- Section three: Supporting research material -- Appendix A: Facts about marijuana -- Appendix B: Finding and using sources of information -- Appendix C: Using MLA style to create a works cited list -- Appendix D: Sample essay topics -- Organizations to contact for further reading

International audience The research is dedicated to the analysis of law enforcement civil aspects in legal regulation of public relations, determination of its character and value as security instrument of their effectiveness. It is set that law realization is considered in such forms as law fulfillment, law application, law enforcement, law fulfillment and law termination accompanying the motion of civil-law relations. It is proved that the reason for law enforcement in the course of civil-law relations realization is such character of their development, reality and affiliation of which in view of their social value is provided individually-legal instructions given by public authority. Realization of subjective civil rights and legal obligations in private relation is provided by the acceptance of individual legal act issued by governmental authority. Authority's activity in law enforcement mechanism is provided by the system of legal measures (mechanism elements), the total amount of which shall be naturally implemented in law realization mechanism the component of which is law enforcement mechanism in synchronically directed at provision of its effectiveness. To such elements of law enforcement mechanism each of which is specified within the appropriate law realization may be included: legal provision, legal relations and judicial fact. RESUMEN: El estudio está dedicado al análisis de los aspectos civiles de la aplicación de la ley en las relaciones jurídico-públicas, y a la determinación de su naturaleza y significado como herramienta para garantizar su eficacia.

Across the globe, immigration detention has been marked by physical and psychological abuse. Researchers and activists alike have sought to understand why a seemingly administrative practice such as immigration detention is so violent. To answer this question, the existing scholarship situates immigration detention within the space of legal exceptionalism where the safeguards of regular law do not apply. This, the literature argues, causes the violent nature of immigration detention. In contrast, I provide a different genealogy of immigration detention by tracing its history through vagrancy and anti-Roma laws and the use of prisoner-of-war camps in World War I and how they gave rise to the institutionalization of immigration detention targeting Jewish migrants from Eastern Europe in 1920s Germany. This brings to the fore the colonial, capitalist, and racist underpinnings of immigration detention and reveals that immigration detention was designed to exclude or exploit the "racial other" and is thus by default violent. What this ultimately shows is that immigration detention is not a space of exception which allows for the inhumane treatment of those inside it, but rather that processes of racialized dehumanization render people excludable from the state's legal protections and allows for the abuse they experience in immigration detention.

AbstractUS Federal legislation mandates the treatment of underaged youth induced to sell themselves for commercial sex as victims and not criminal offenders of prostitution laws. Nonetheless, state prosecutors often take action in juvenile court against these youth. This study explored the impact of negative moral emotions, victim blame, and victim believability on public judgments of child sex trafficking victims under varying case facts. We presented an online scenario involving a trafficking case to 682 participants and manipulated youth sex, trafficker sex, vulnerability background, and prior arrest history to determine how emotions, victim blame, and believability mediate child sex trafficking decisions. Two different paths emerged depending on the youth's sex. Participants reported greater victim responsibility and greater negative moral emotions towards a male youth trafficked by a female when he had a prior commercial sex arrest, which in turn predicted a lower certainty of recommending social services over legal consequences. With the same facts, participants reported lower believability for a female youth when she had a prior commercial sex arrest, which in turn predicted a lower certainty of recommending social services over legal consequences. The paper ends with a discussion of the implications of the findings for practice and theory.

AbstractThe minority question has long been a hot topic in Central and Eastern Europe. Whereas most CEE countries guarantee the privileged position of the dominant nation, they also recognize the existence of national minorities and provide special rights for them. Hence there is an apparent contradiction between the values of the nation-states: unity and diversity. This article proposes that to resolve this contradiction, it is necessary to define the concept, scope and limitations of group-specific minority rights, as well as their relationship with other human rights and the nation-state. Constitutional courts are appropriate candidates for this task. However, based on our analysis of the relevant constitutional jurisprudence of five CEE countries – Croatia, Hungary, Romania, Serbia, and Slovenia – it seems that constitutional courts in the region have failed to properly conceptualize minority rights. Instead of developing appropriate tests for assessing the constitutionality of legal regulations, they have only superficially touched upon the conceptual issues of minority rights, using incidental, case-by-case arguments to justify the (un)constitutionality of the legal provisions. Therefore, this article also attempts to outline a constitutionality test that may be suitable for constitutional courts to consistently evaluate submissions that challenge the constitutionality of laws on minority rights.

AbstractMining has been at the forefront of coloniality for hundreds of years in Brazil, representing one of the main threats to the integrity and health of Indigenous lands. The 1988 Brazilian Constitution recognized Indigenous peoples' rights to the lands they occupy, and their natural resources, according to their traditions, uses, beliefs, and practices. Constitutional provisions, however, have not impeded governments and lawmakers from actively enabling extractive activities in Indigenous territories and their surroundings. Recently, the Bolsonaro government proposed a package of laws and policies to legalize mineral exploitation on Indigenous lands, using the economic uncertainties generated by the COVID-19 pandemic as a justification. However, this action must be explained through the paradigms (or philosophical frameworks) of the extractive economy and coloniality of power, operationalized by necropolitics. The article's main argument is that the Constitution requires the government to engage in practices of decoloniality that express Indigenous legal traditions. Even though a newly elected government has been revoking many of Bolsonaro's proposals, the paradigms of the extractive economy and the coloniality of power have a profound, structural influence on the Brazilian legal and political systems and must be challenged by a revival of decolonial ways of thinking and acting.

There is a growing recognition that our society must address systemic racism, mass criminalization and violent policing with alternative responses to crises in communities. Reform advocates have increasingly proposed that social workers, equipped with the skills and training to de-escalate tensions and respond to mental health and substance use crises, should work in teams alongside police officers. Despite broad support by community stakeholders, law enforcement, and the National Association of Social Workers (NASW), this approach remains fraught if we do not critically examine our role as agents of social control in such systems. A clear case study is the War on Drugs, wherein social workers have assumed the role of frontline enforcers through our employment in the criminal legal and child welfare systems, health care, and coercive drug treatment programs. The harsh and punitive laws stemming from the War on Drugs have contributed to the mass criminalization of people who use drugs, devastated communities, separated families, and so much more. Our focus should shift towards upstream advocacy for policies to reduce the scope of the criminal legal system altogether. We propose suggestions to re-envision social work's role in less punitive and carceral responses.

The significant advancements in the social, economic, and political domains of modern society have made governance increasingly complex and challenging. This complexity underscores the necessity for a governance system that allows for the legal delegation of governmental powers and responsibilities to individuals or organizations, referred to as administrative bodies. These bodies are tasked with executing government functions in line with modern societal needs. The extent of these powers and functions is delineated by the Constitution, which sets their boundaries. Administrative agencies, entrusted with executing these government functions, must be established properly and operate strictly within the limits set by their enabling laws. However, the potential for misuse of power by these agencies is a notable concern. This research employs a doctrinal methodology to explore the legal framework governing the internal workings of government agencies, focusing on the development of principles in administrative law. Despite the emergence of various theories in administrative law, such as the red, green, and amber light theories, which present differing viewpoints, courts remain a critical avenue for redressing grievances. They consistently offer remedies to citizens adversely affected by the overreach or misuse of power by administrative agencies.

Governance is impossible without legislation and bureaucracy. Legislation is a source of government authority, both binding authority and discretionary authority, while the bureaucracy moves the wheels of government. The implementation of the wheels of government by the bureaucracy must be based on the authority according to the laws and regulations and the irregularities have legal implications in the form of legal responsibility by the bureaucracy. Deviations in the implementation of government authority by the bureaucracy can be in the form of abuse of authority, arbitrary actions, or arbitrary actions. The act of abuse of authority by the bureaucracy occurs when the three bureaucracies use their authority differently from the purpose for which the authority is granted by legislation. Arbitrary action when the bureaucracy does not give adequate consideration in making decisions or taking other actions. Actions without authority are bureaucratic actions that violate the limits of authority in the form of substance, time, or place. Bureaucratic responsibility due to irregularities in the implementation of authority can be in the form of administrative responsibilities such as canceling decisions that have been issued or criminal liability if the deviation has implications for state financial losses.

The State of Indonesia is an agricultural country, so land has a very important meaning for the lives of the people of Indonesia. Once the importance of the position of land for humans is not uncommon to cause disputes about land. Theoretically, dispute resolution can be done in 2 (two) ways, namely through formal justice mechanisms in the court (litigation) and outside the judicial process (non litigation). One form of settlement outside the court is Mediation. Mediation is the settlement of disputes through negotiations with the help of a neutral third party (mediator) in order to find a form of settlement that can be agreed by the parties. Mediation is basically a deliberation and consensus, namely as a way or process other than other ways or processes either through arbitration, negotiation, conciliation, and others. If there is an agreement in mediation, and is stated in a peace deed, this peace deed is actually a legal product and has binding power as the characteristics of the consensual principle according to Article 1338 of the Civil Code. Accordingly, agreements made legally, act as laws for the parties to the dispute. This Articel is a analytical descriptive social legal approach through the qualitative methods.

This study examines the legal protection of converts according to Law no. 39 of 1999 concerning Human Rights, to find out the implementation of Law no. 39 of 1999 concerning Human Rights Against Muallaf in Pematangsiantar, and To Review the Efforts of the Ministry of Law and Human Rights of North Sumatra in Legal Protection Against Muallaf in Pematangsiantar. This study uses a qualitative research method with a normative juridical approach; the data sources are primary and secondary data, the preliminary data are interviews, observations, and documentation. Then secondary data are references, doctrines, books on human rights, theses, studies by experts and scientists, laws for the protection of human rights, and all related literature. The results of this study are that respecting the rights of others is very important, even if it must be protected and enforced the law if there is something that harms people's rights, including the right to freedom of someone to embrace the religion they believe in. Here the government's role is vital in protecting one's rights. Violence against converts should not occur if the government cares and enforces the law according to the applicable law.

In 2009, a network of scholars identified the legal framework associated with coastal management in eleven Latin American countries. They found an important lag in several countries, including Colombia. According to many scholars, a clear regulatory framework is of the utmost importance for integrated coastal management; however, the hurdles to reaching this goal have been poorly analyzed. This article aims to illustrate the challenges and barriers to legislate on coastal and marine issues in Colombia. The methodology and analysis used in this study can serve as an example to other Latin American countries. We combined comparative, documentary, and analytical research techniques to describe the current Latin American state-of-the-art legal framework. Additionally, from 16,224 gazettes (official records of the Congress of Colombia) we identified 80 bills concerning coastal and marine activities for a period of 17 years. However, only 2.1% of those bills addressed marine or coastal issues from the perspective of planning and management procedures. Instead the majority focused on social uses and economic activities. This research identified the difficulties that could be faced by a country in regulating its coast from an integrated perspective. These findings could support future procedures to approve coastal laws in Latin America and other countries on the world.