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In December 2012, the Commission on a Bill of Rights, established by the UK Government, issued its final report. The Report advances very limited, inchoate proposals for a UK Bill of Rights that are essentially superficial in nature. The Report fails to grapple with the fundamental questions...
Persistent link: https://www.econbiz.de/10013086397
Three recent judgements of the Delhi High Court deal with the issue as to whether long delay by the arbitral tribunal in passing the arbitral award is sufficient reason for setting aside the award. Delay per se should not be a ground for setting aside the award. The parties should approach the...
Persistent link: https://www.econbiz.de/10013088508
This article provides an exegesis of the recently entered-into-force African Charter on Democracy, Elections and Governance. Democracy has a decidedly mixed history in Africa and, despite a concerted effort by the African Union (AU), it has made only halting inroads in those states that are...
Persistent link: https://www.econbiz.de/10013090834
This report offers proposals in the hope they may inform development of a more systematic and integrated approach to the creation, definition and recording of statutory rights, restrictions and obligations (‘RRR') affecting land parcels. While much progress has been made by Australia's land...
Persistent link: https://www.econbiz.de/10013092545
This article argues that the are some quick regulatory fixes the Treasury can implement to ensure that tax-exempt organizations (especially 501(c)(4) social welfare organizations) are operating within the rules and that aggressive tax planning is not being used as a way to obfuscate rules...
Persistent link: https://www.econbiz.de/10013067491
With the explosion in information technology, deploying desktop Internet access for corporations is becoming commonplace. Corporate managers are dealing with issues of protecting their corporations from legal exposure, especially in relation to downloading of pornographic or racist material, and...
Persistent link: https://www.econbiz.de/10013069833
The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...
Persistent link: https://www.econbiz.de/10013070120
Many have argued that thought should constitute per se unpatentable subject matter, and some have even suggested that any patent claim that includes a mental step should lie outside patentability. Many courts have long disagreed with such a draconian rule, and have instead upheld myriad patent...
Persistent link: https://www.econbiz.de/10013070323
This paper describes results of focus group research conducted with senior advocacy lawyers in relation to the lawyers' characterization of expert legal writing. The results suggest an important interplay between product and process, and are consistent with general theoretical models of...
Persistent link: https://www.econbiz.de/10013071101
It is uncontroversial that litigation is too expensive. Controversy abounds, however, over who is to blame and what is to be done about the problem. Plaintiffs and defendants each accuse the other of pursuing weak or meritless litigation positions that inflict needless expense. This article...
Persistent link: https://www.econbiz.de/10013072032