Suchergebnisse

Diplomatic relations — Immunity — Diplomats — Immunity from proceedings for enforcement of constitutional rights — Scope of immunity — Vienna Convention on Diplomatic Relations, 1961, Articles 3 and 31 — Immunity limited to official functions — Whether immunity covers proceedings brought against diplomat for alleged violation of fundamental rights under Constitution of receiving State — Whether such proceedings involve sanctions of a criminal, civil or administrative nature — Waiver — Counterclaim — Separate proceedingsStates — Executive statements — Conclusiveness — Role of executive and courts in establishing scope of entitlement to diplomatic immunityRelationship of international law and municipal law — Treaties — Fundamental rights under State Constitution — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to enforce constitutional rights against diplomat entitled to immunity under Vienna Convention on Diplomatic Relations, 451961 — Whether constitutional rights prevailing over provisions of prior international conventions — Status of Constitution as "supreme law"Treaties — Effect in municipal law — Vienna Convention on Diplomatic Relations, 1961 — Ratification by Chile — Whether diplomatic immunity may be invoked in proceedings brought to redress violation of fundamental rights guaranteed by Chilean ConstitutionHuman rights — Procedure for enforcement — Fundamental rights under Chilean Constitution, 1980 — Constitutional rights based on provisions of Universal Declaration of Human Rights, 1948 — Action to safeguard rights brought under Article 20 of Constitution — Nature of remedy — Whether diplomatic immunity is a bar to proceedings under Article 20 — The law of Chile

The author notes that Jurgen Habermas has offered few specifics about how society can make the transition from an unjust to a just social order. In fact, Habermas's theory implies a transcendent moral barrier that prevents citizens from exercising their power to change the basic structure of their society, despite his belief in the ethic of intersubjective rational action. Ultimately, citizens must be content either symbolically to storm the administrative fortress or to generate messages from the sidelines that will eventually be received, interpreted, & legitimated by the administrative center. In either case, the citizens' capacity for genuine collective action is very limited. 36 References. A. Funderburg

The author notes that Jurgen Habermas has offered few specifics about how society can make the transition from an unjust to a just social order. In fact, Habermas's theory implies a transcendent moral barrier that prevents citizens from exercising their power to change the basic structure of their society, despite his belief in the ethic of intersubjective rational action. Ultimately, citizens must be content either symbolically to storm the administrative fortress or to generate messages from the sidelines that will eventually be received, interpreted, & legitimated by the administrative center. In either case, the citizens' capacity for genuine collective action is very limited. 36 References. A. Funderburg

This article deals with the use of figures for public action piloting in disability policy. This particular public action sector seems to lack piloting figures and comparable data for the monitoring of action in institutions in charge of granting social services for disabled persons, the Maisons départementales des personnes handicapées (MDPH). Based on fieldwork carried out since 2011 in this sector, this article reveals that the production of specific activity figures requires resource mobilisation and precise tasks on the part of organisations. The production of activity data therefore can reflect the autonomy of these administrative organisations. In limiting the capacity of these organisations specifically tasked with benefits attribution decisions, political authorities have also limited the autonomy they could in theory have claimed, and, in so doing, have limited their capacity to make these decisions independently of the political configurations and economic situations within which these benefits are recognised

This research examines presidents' administrative actions in civil rights policy and agency responses to those actions. It considers the frequent debate between presidential influence over the bureaucracy versus the more commonly posited model of bureaucratic discretion. Results suggest that assertive presidents like Johnson and Reagan can influence agency actions in civil rights policy; they obtain closer correspondence with their preferred policies than do less assertive presidents. Overall, however, only limited correspondence between presidential and agency actions appears because agencies have considerable discretion in their implementing actions. Thus neither presidential influence nor bureaucratic discretion fully explains the relationship.

Human rights — Discrimination — Right to liberty — Right to a fair and just administrative action — Right to information — Freedom of association — Freedom of assembly — Freedom of movement — Treaty for the Establishment of the East African Community — Whether human rights standards embodied in TreatyInternational organizations — Functions and goals — East African Community — Objectives — Freedom of movement — Human rights — Scope of obligations — Treaty for the Establishment of the East African Community, 1999 — Interpretation — Scope — Relationship to human rights treatiesInternational tribunals — East African Court of Justice — Jurisdiction — Human rights — Jurisdiction limited to interpretation and enforcement of the Treaty for the Establishment of the East African Community, 1999 — Whether Court empowered to inquire into alleged violations of Treaty which involve human rightsRelationship of international law and municipal law — Treaties — Effects in municipal law — Treaty for the Establishment of the East African Community, 1999 — Precedence of Treaty over municipal law of Partner States — Uganda Citizenship and Immigration Control Act, 1999 — Whether Immigration Act contravening EAC Treaty

Intro -- SEAFOOD SAFETY AND ADULTERATED PRODUCTS: FDA OVERSIGHT AND PROTECTION EFFORTS -- SEAFOOD SAFETY AND ADULTERATED PRODUCTS: FDA OVERSIGHT AND PROTECTION EFFORTS -- CONTENTS -- PREFACE -- Chapter 1 SEAFOOD SAFETY: FDA NEEDS TO IMPROVE OVERSIGHT OF IMPORTED SEAFOOD AND BETTER LEVERAGE LIMITED RESOURCES -- WHY GAO DID THIS STUDY -- WHAT GAO RECOMMENDS -- WHAT GAO FOUND -- ABBREVIATIONS -- BACKGROUND -- Processing Facilities and Importer Inspections -- FDA's Sampling Program -- MOU between FDA and NMFS -- FDA Food Safety Modernization Act -- FDA'S PROGRAM TO ENSURE THE SAFETY OF IMPORTED SEAFOOD FROM RESIDUES OF UNAPPROVED DRUGS IS LIMITED, ESPECIALLY AS COMPARED WITH THE EU -- FDA HACCP Inspections Are Limited When Compared to More Comprehensive Reviews of Food Safety Systems Conducted by the EU and the Department of Agriculture's FSIS -- FDA's Sampling Program Is Limited in Scope, Not Effectively Implemented, and Does Not Fully Use Its Laboratories' Capabilities -- FDA AND NMFS HAVE MADE LIMITED PROGRESS TO IMPLEMENT THE 2009 MOU, AND FDA HAS NOT LEVERAGED NMFS INSPECTION RESOURCES -- FDA and NMFS Have Made Limited Progress in Implementing Specific MOU Responsibilities -- Success in Leveraging Resources for the Gulf of Mexico Oil Spill Has Not Translated to FDA Leveraging NMFS Inspection Resources or Results in a Systematic Manner -- CONCLUSION -- RECOMMENDATIONS FOR EXECUTIVE ACTION -- AGENCY COMMENTS AND OUR EVALUATION -- APPENDIX I: SCOPE AND METHODOLOGY -- APPENDIX II: FDA FOREIGN FACILITY INSPECTIONS AND NUMBER OF PROCESSING FACILITIES IN THE COUNTRY -- APPENDIX III: FDA IMPORT ALERTS RELATED TO DRUG RESIDUE OR HACCP VIOLATIONS -- APPENDIX IV: COMMENTS FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES -- GAO COMMENTS -- End Notes

This paper explores how state agents and civilians justify human rights violations when the military perform police tasks. Based on a set of interviews and documents, it analyses the actions of the armed forces and the police during a military‐led operation that targeted drug trafficking organisations in Tijuana. In a context of limited civilian control over the armed forces and the police, the paper identifies two discourses that supported the illegal action of state agents: the construction of a foreign other who does not belong to society and the need to use violence to accomplish a greater
good.

Performance accountability of public bodies meaning widespread not only limited liability in law but also in the field of non-law. Special accountability law, imaged through the performance creation of the law (legal creating), as well as in the implementation of the law (legal applying) as the embodiment of government action (Bestuurhandeling). In the concept of the law of State administration and administrative law, Government action in question is the Act or acts committed by State administration in carrying out the task of Government.

In 1973, the Washington State Legislature enacted the Washington Industrial Safety and Health Act. The stated purpose of the Act was to ensure safe working conditions for the working men and women of Washington. Seventeen years later, the Washington State Supreme Court held that general contractors are per se liable for the WISHA violations of their subcontractors. However, the Washington Department of Labor and Industries has adopted a policy of citing general contractors for subcontractor violations only in limited circumstances. This Comment first outlines the development of worker safety laws in Washington, then examines the effects of the Department's policy at both the administrative and appellate level. Finally, this Comment argues that the Department's policy is contrary to the governing law and should be altered to be in line with the law, avoid potential confusion on appeal, and fulfill the purpose of WISHA: to protect Washington's workers.

Open government initiatives, which include not only transparency but also participation and collaboration policies, have become a major administrative reform. As such, these initiatives are gaining cohesiveness in literature. President Obama supported open government through a range of policies including the Open Government Partnership (OGP), a multinational initiative. The OGP requires member organizations to develop open government national action plans, which are used as the basis for my analysis. To frame this paper, I use and expand upon David Heald's directions and varieties of transparency framework. A content analysis of the 62 commitments in the US Second Open Government National Action Plan was conducted. The analysis provides two findings of note: First, the traditional view of transparency was indeed the most prevalent in the policies proposed. In that respect, not much has changed, even with the OGP's emphasis on a range of approaches. Second, openness among and between agencies played a larger than expected role. While the OGP pushed an array of administrative reforms, the initiative had limited impact on the type of policies that were proposed and enacted. In sum, the OGP is an administrative reform that was launched with great fanfare, but limited influence in the US context. More research needs to be conducted to determine if the "open government reform" movement as a whole suffers from such problems in implementation.

Large companies and debt collectors frequently file unmeritorious claims against consumers. Recent high-profile actions brought by the Consumer Financial Protection Bureau against J.P. Morgan, Citibank, and other large debt collectors illustrate the breadth and importance of this phenomenon. Due to the limited financial power of individuals, consumers often do not defend against such baseless claims, which results in the entry of millions of default judgments every year. To combat this problem, policymakers and scholars have explored a variety of court-based solutions that would make it easier for consumers to defend in court, but these prove ineffectual. To solve the problem of unmeritorious claiming, this Article proposes a budget-friendly solution called "Adminization." This novel approach uses an administrative agency as a gatekeeper to civil litigation that is tasked with detecting and sanctioning the filing of baseless claims. The agency samples cases, using statistical methods and potentially deep-learning algorithms, and then investigates selected cases using agency auditors. When the auditors find wrongdoing, they are instructed to levy large fines against wrongdoers. Unlike the current system, Adminization subjects every plaintiff to the risk of thorough investigation and large fines, thus undercutting the financial incentive to engage in wrongful behavior. The importance of Adminization lies in its cost-effectiveness, practicality, and political feasibility relative to the court-based approaches that dominate the discussion today.

This study aims to investigate the implementation of the Immigration Act the Government of the Republic of Indonesia No. 6 of 2011, which regulates the residence permit and to determine the response to criminal acts of abuse and residence permit immigration by foreign students in Indonesia. This research method is implemented with the normative, where researchers conducted a literature study by way of examining the books , litertur , and legislation relating to matters that will be discussed in the thesis writer . The findings obtained from this study include: (1) the implementation of the Law of the Republic of Indonesia No. 6 in 2011, with about handling abuse and violators of residency immigration has been running with the maximum, but there are several obstacles that occur within the system implementation of the completion of a issue a limited residence permit. (2) the response to the crime of abuse and violation of residence permit the immigration dilakuan judicial action submitted to the police and then processed through the court, and may be subject to criminal sanctions in accordance with the provisions of applicable law, or by administrative action. Immigration officials authorized to conduct immigration adminitratif actions against foreigners in Indonesia which could jeopardize the security and public order as described in Law No. 6 of 2011 on immigration. Keywords: Abuse, Immigration, Foreign Students.

1. ADMIRALTY DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION 2. BORDER SEARCHES A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST 3. CONSTITUTIONAL LAW STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE 4. CONTRACTS OCEAN CARRIAGE RATES CHARGED UNITED STATES GOVERNMENT BY PRIVATE CARRIER Do NOT EXCEED PREVAILING RATES WHEN APPROVED BY FEDERAL TRADE COMMISSION AND IDENTICAL TO THOSE CHARGED OTHER SHIPPERS SIMILARLY SITUATED 5. CRIMINAL LAW EVIDENCE OF DEFENDANT'S PRIOR FOREIGN CONVICTIONS HELD ADMISSIBLE AND NOT VIOLATIVE OF GIDEON V. WAINWRIGHT WHERE VOLUNTARILY PROVIDED BY DEFENDANT 6. FOREIGN RELATIONS PROCEDURALLY PROPER EXECUTIVE ORDER HELD SUFFICIENT TO ESTABLISH FOREIGN RELATIONS EXCEPTION TO FREEDOM OF INFORMATION ACT 7. IMPORT-EXPORT TARIFF COMMISSION'S INJURY DETERMINATION UNDER ANTIDUMPING ACT OF 1921 UPHELD As SUPPORTED BY SUBSTANTIAL EVIDENCE UNDERCOURTS' LIMITED POWER OF REVIEW. UNITED STATES HELD NOT BARRED FROM BRINGING FORFEITURE CLAIM UNDER 31 U.S.C. § 443 AFTER CONVICTING PERSON OF IMPORTING GOLD WITHOUT LICENSE 8. JURISDICTION STATE COURT ISSUANCE OF TEMPORARY INJUNCTION AGAINST UNIONS PICKETING FOREIGN VESSELS HELD WITHIN STATE JUDICIAL DISCRETION AND NOT VIOLATIVE OF FEDERAL REGULATORY STATUTES DEPARTMENT OF STATE BOARD OF APPELLATE REVIEW DECISION ON CITIZENSHIP IS BINDING ON ALL AGENCIES AND OFFICERS OF THE UNITED STATES A FEDERAL COURT SHOULD EXERCISE ADMIRALTY JURISDICTION IN AN IN REM LIBEL INVOLVING FOREIGN VESSELS OF DIFFERENT NATIONALITIES UNLESS THE DEFENDANT CAN ESTABLISH THAT To Do So WOULD WORK AN INJUSTICE ...