This commentary offers profound guidance for attorneys, supervisory board members, union representatives, shareholders, and employees. The authors aim to provide a lucid analysis and expositionof the Co-Determination Act, particularly concerning the reconciliation of equal representation on supervisory boards with the rights of majority shareholders. The new edition updates the work with recent legal precedents, literature, and legislation. Thomas Raiser, Humboldt-Universität zu Berlin; Rüdiger Veil, Bucerius Law School; Matthias Jacobs, Bucerius Law School.
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AbstractIn March 1764 George Grenville announced plans to raise revenues in America for colonial defence with stamp duties. Opinions differ about why Grenville then postponed the Stamp Act until a year hence. Writing in 1950, Edmund S. Morgan found the decision puzzling. Peter D.G. Thomas and John L. Bullion subsequently offered procedural explanations. Grenville envisaged the Stamp Act as a firm precedent for parliament's authority to impose direct taxation ('inland duties') in the colonies – a prospect that terrified Americans schooled in the common law, alert to dangerous precedents, and already prone to slippery‐slope reasoning. With the mundane details of the Stamp Act unavailable until after its passage, however, the postponement also raised imperial debate to a level of abstraction from which it never retreated. Grenville's postponement of the Stamp Act foreclosed prospects for compromise and set British imperial policy on a course that ultimately fomented the American Revolution.
Abstract: The human being is a very important factor in achieving legal justice. Legal justice is very coveted by anyone, including offenders though. If in a country that tends to act unjust law, including judges, then the government must act to prevent it. The government should enforce legal justice, not even apply to the unjust people. So that social justice can be created in people's lives, in addition there is help each other in doing good. There is a sense of interdependence with one another in social life (interdependence).Keywords: Islam, Justice, Law Enforcement
The Mental Health and Related Services Act Issues Paper will be widely circulated with the aim of encouraging organisations and individual members of the community to comment on the issues raised to date and on their preferences for the resolution of these issues. The submission process will also provide people with an opportunity to raise any additional concerns they may have about the operation of the legislation. ; Y
In: Devine , P , Kelly , G & McAuley , M 2021 , ' Equality and Devolution in the United Kingdom: A Story in Three Acts and a Sequel: A Story in Three Acts and a Sequel ' , Social Policy and Society . https://doi.org/10.1017/S1474746421000191
Within the United Kingdom (UK), many of the arguments driving devolution and Brexit focused on equality. This article assesses how notions of equality have been shaped over the past two decades. Using a chronology of theoretical, political and public interpretations of equality between 1998 and 2018, the article highlights the shifting positions of Northern Ireland (NI) and the rest of the UK. NI once led the way in relation to equality legislation, and equality was the cornerstone of the Good Friday/Belfast peace agreement. However, the Equality Act 2010 in Britain meant that Northern Ireland was left behind. The nature of future UK/EU relationships and how these might influence the direction and extent of the equality debate in the UK is unclear. While this article focuses on the UK, the questions that it raises have global application, due to the international influences on equality discourse and legislation.
In light of Lucas and the recent constitutionally questionable Washington decisions, government entities charged with implementing the GMA may have a more difficult time avoiding takings liability than previously thought. Accordingly, this Article first seeks to clarify the modern takings analysis as refined by Lucas. Second, Washington takings precedent is contrasted with the federal approach and several key changes are suggested to make state law consistent with controlling federal precedent. Third, key aspects of the GMA are identified that can be expected to raise takings implications. By identifying potential trouble spots in the GMA now, hopefully some takings will be avoided without resort to litigation in the future.
Abstract Speaking a foreign language implies more than knowing its vocabulary and grammar. As such, teachers of foreign languages should keep this in mind and consider also other aspects than the ones mentioned. Attention should be paid to pragmatics and cultural issues, among others. The present essay aims to highlight the importance of raising foreign language students' awareness of national and international linguistic and cultural behaviours. It describes briefly the field of cross-cultural pragmatics, focusing on speech acts and their culture-sensitive features. Then, it turns to one of the most important types of speech acts, namely compliment exchanges. Taking into consideration the key role played in cross-cultural communication by the appropriateness of compliments and their expected answers, the article proposes several activities to do in class in order to (1) raise students' awareness regarding the importance of compliments for successful communication, (2) present them the usual patterns, topics, and cultural particularities of compliments, (3) familiarise students with possible communication threats, and (4) provide them with possible strategies to answer compliments. The activities are not restricted to students of foreign languages in general but are recommended also to those studying specialised subjects in foreign languages, such as communication, translation and interpreting.
The Act East Policy of India, announced in 2014 presented some significant differences from the previous Look East Policy. It aimed to look further east, towards the Pacific and beyond Southeast Asia. However, India's exit from the Regional Comprehensive Economic Partnership (RCEP) raises questions regarding where India's Act East Policy is really headed to. This paper reviews current aspects of the Act East Policy and makes an effort to point out current avenues – particularly focusing on ASEAN and Australia and their importance within the Policy.
Climate policy raises a number of challenges for the energy sector, the most significant being the transition from a high to a low-CO2 energy path in a few decades. Act Locally, Trade Globally seeks to provide a complete picture of the future role of emissions trading in climate policy and the energy sector. It offers an overview of existing trading systems, their mechanisms, and looks into the future of the instrument for limiting greenhouse gas emissions.
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This research project investigated the rivalry between William Gladstone and Benjamin Disraeli, and how that rivalry resulted in the Reform Act of 1867. The competition between these two over expansion of the franchise led to a more radical reform than expected. Gladstone, a converted Liberal, encouraged moderate changes like a reduction in the householder qualification from ₤ten to ₤seven. Disraeli, a moderate Conservative, embraced more expansive reform for political advancement rather than as an extension of the suffrage. It was Disraeli's hope that an enlarged electorate would vote Conservative as a reward for their new privilege. Although many historians give Disraeli credit for the second Reform bill, most fail to connect Gladstone's initial attempts at reform with the bill's final shape. True credit for the passage of the Reform Act of 1867 lies with Disraeli and Gladstone. The Reform bill was created out of political infighting as opposed to popular opinion. An examination of the rivalry between Gladstone and Disraeli raises the question of what the bill would have looked like without these two politicians. This project used primary materials such as the parliamentary debates, the London Times newspaper, memoirs, and letters of public figures as well as secondary materials such as books, journals, and dissertations.
The rapid current of globalization raises many problems in almost all aspects of human life, covering the political, social, cultural, economic, scientific and technological fields, so that fundamental changes in people's habits arise predominantly. Following the issuance of Law Number 11 Year 2008 on Electronic Information and Transactions (ITE) that was amended to Law Number 19 Year 2016 regarding the Amendment of Law Number 11 Year 2008 regarding Information and Electronic Transactions, many polemics and cases that lead to the pros and cons of the articles in the ITE Law took place. This study examines the classification of an offense of criminal act of contempt committed through electronic information media of and reveals the legal standing for such kind a criminal act. This study was conducted using normative method through analysis of legal interpretation and descriptive analysis. Apparently, the results confirm that the element of "contempt and/or defamation" contemplated in Article 27 paragraph (3) of ITE Law refers to Article 310 of the Criminal Code. Criminal acts of contempt committed through electronic information media are offense complaints that should be reported to the authorities by persons who feel that their honor or reputation is insulted or those who are empowered to obtain judicial justice from law.
One does not speak of the rights of American trade unions glibly or in off-hand fashion. Unlike the English policy of defining the rights of labor by legislative enactment, our legislatures, both federal and state, have been particularly slow to make such definition. Such predicability as the labor law has thus far assumed has been largely the work of the courts. Here, in other words, we discover the rights of trade unions in the opinions of the courts; in England, we have been accustomed to look to the statute-book rather than to judicial opinions. Comparatively, English labor law has at least enjoyed the merit of being reasonably predicable. The acts of 1859, 1871, 1875, 1906, and 1913 were all designed either to make the existing law more definite or to overturn a judicial interpretation of the law adverse to labor. Thus, by the year 1927 the law was rather definite. The statutes contained statements of what labor could or could not do. A reading of the recent Trade Disputes and Trade Unions Act of July 29, 1927, raises the question whether this legislation marks a change in the English policy of fixing the rights of labor by legislative definition.The immediate occasion for the recent act was the general strike of May, 1926. Introduced and rushed through Parliament by the present Conservative government, this measure failed to receive the preliminary study and consideration that preceded the introduction of the acts of 1871 and 1906.
In his response to my essay "Going Public: Hannah Arendt, Immigrant Action, & the Space of Appearance," Harry Boyte raises three criticisms of my account of the 2006 immigrant-rights demonstrations. First, he argues that my Arendt-inflected reading of the protests "mistakenly sunders public actions from the organizing work which led up to them." According to Boyte, this account of the 2006 protests falls prey to Arendt's overly theatrical understanding of action whereby "greatness" is measured by "the performance itself." In a related criticism, Boyte argues that this approach to the protests not only "neglects the importance of their impact" -- it promotes a sense of "novelty" that seems to "undermine the importance of everyday politics." Finally, while I modify Arendt's account of labor to show its political implications, Boyte notes that my analysis of the demonstrations "continues the Arendtian distinction between political freedom & work." He concludes by claiming that the work of "broad-based community organizations" counters my argument about labor by showing that people can still engage in purpose till work, "even if not under conditions of their choosing.". [Reprinted by permission of Sage Publications Inc., copyright holder.]
The goal of this Opinion Editorial is to raise public awareness regarding legislation introduced to Congress, known as the Access to Genetic Counselor Services Act, or HR 2144/S1450. Currently, Medicare policy denies beneficiaries direct access to genetic counselors. This bill aims to rectify this though CMS recognition of genetic counselors. This is of particular importance to Delawareans who rely on genetic counseling service in the sub-specialties of cancer, preconception/prenatal, pediatrics, cardiology, and neurology. In this paper, we aim to underscore the importance of this legislation by outlining how genetic counselors impact patient care.