...THOMPSON v. WESTERN STATES MEDICAL CENTER No.01-344.Argued February26, 2002—Decided April 29, 2002 NATURE OF CASE: Review of the restrictions on commercial free speech in relation to the advertisement of specified compounded drugs. PROCEDURAL HISTORY: Section 503A of the Food, Drug and Cosmetic Act, 21 U.S.C. § 353a exempts compounded drugs from certain provisions of the Food and Drug Administration’s standard approval requirements; provided that the distributors abide by certain restrictions, including advertising and promoting selected compounded drugs. The Act, however, did not prohibit the advertising of its effectiveness. The Central Hudson Gas et. Elec. Corp v. Public Serv. Comm’n of NY, 447 U.S. 557, 566 held that the restrictions directly advance its interests, or that less restrictive alternatives were unavailable. ISSUE : Whether a federal law that bans the advertising or promoting of particular drug compounds but permits advertising their effectiveness undermines freedom of speech as outlined in the First Amendment. FACTS: Pharmacists sometimes alter the physical form of a drug, or combine various drugs with a technique known as compounding. The process is used to meet the specific needs of a particular patient. The FDA and Modernization Act of 1997 prohibited such pharmacies from promoting and advertising these compounded drugs. The Act, however, did not prohibit them from advertising the effectiveness of the drugs. Western...
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...Citizen Citizen’s Charters- A Handbook A Publication of the Government of India Ministry of Personnel, Public Grievances and Pensions Department of Administrative Reforms and Public Grievances New Delhi, India Contents Sl.No. 1 The Citizen’s Charters : Indian Experience Basic Concept, Origin and Principles The International Scene The Indian Scene Comprehensive Website on Citizen’s Charter Exemplary Implementation of the Citizen’s Charter Evaluation of Citizen’s Charter Compendium on Citizen’s Charters in Government of India Regional Seminars Capacity-Building workshops Department-Specific Workshops Information and Facilitation Counters(IFCs) Problems faced in Implementing the Charters goicharters.nic.in/cchandbook.htm 1/45 Page No. 1 10/21/13 Citizen Lessons Learnt Future Vision: Development of Charter Mark II Formulation of Citizen’s Charter Rationale of a Citizen’s Charter Components of a Citizen’s Charter Formulation of Citizen’s Charters: A Road Map Citizen’s Charters-Model Guidelines Citizen’s Charters-General Structure Guidelines Dos and Don’t for Implementing the Charters What Makes a Good Charters Things to Remember A Model Format for Citizen’s Charter 9 III Duties and Responsibilities of Nodal Officers Duties and Responsibilities of Nodal Officers of Citizen’s charter in Central/State Governments/Ministries/ Departments/Public Sector Undertakings/Organisations for Formulation and Implementation of Citizen’s Charters 14 Evaluation...
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...Charter Influence On Canadian Politics Ever since the Charter came into effect in 1982, it has had major impact on Canadian politics and law. The Charter allows the judicial and legislative branch to be transparent and able to be holding each other accountable. Many would argue that the charter has given court’s infinite powers and they control the legislative branch. However the courts perform a policing function for legislations to see if they violate the master law, the Charter. Therefore if the legislation branch does their “first order Charter duties” properly, which is charter proofing their laws, they will not go for review with the Supreme Court of Canada (Maclvor 138). Each branch of government has their own responsibilities to pursue and they have different resources to achieve them. For example the, the judicial branch’s responsibility is to protect the rights and freedoms of individuals where the legislation branch has to make laws to tackle down social issues (Maclvor 142). Each branch has their own resources to help them with their responsibilities, for instances the Legislative Branch have Department of Justice and Standing Committee. Both of these committees work for the government helping doing research and formulating legislations as well charter-proofing legislation so they don’t go violates the rights and freedoms of Individuals (Maclvor 142). The Charter has allowed for democratic dialogue between both branches of government, allowing for constructive...
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...Classification of Corporations V. CLASSIFICATIONS OF CORPORATIONS 1. In Relation to the State: (a) Public corporations (Sec. 3, Act No. 1459) § Organized for the government of the portion of the state (e.g., barangay, municipality, city and province) § Majority shares by the Government does not make an entity a public corporation. xNational Coal Co., v. Collector of Internal Revenue, 46 Phil. 583 (1924). (b) Quasi-public corporations xMarilao Water Consumers Associates v. IAC, 201 SCRA 437 (1991) Although Boy Scouts of the Philippines does not receive any monetary or financial subsidy from the Government, and that its funds and assets are not considered government in nature and not subject to audit by the COA, the fact that it received a special charter from the government, that its governing board are appointed by the Government, and that its purpose are of public character, for they pertain to the educational, civic and social development of the youth which constitute a very substantial and important part of the nation, it is not a public corporation in the same sense that municipal corporation or local governments are public corporation since its does not govern a portion of the state, but it also does not have proprietary functions in the same sense that the functions or activities of government-owned or controlled corporations such as the National Development Company or the National Steel Corporation, is may still be considered as such, or under the 1987 Administrative...
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...specific rules have been created to deal with rights of employees and employers.” (Labor Law, 2005) The third situation is often seen more times than not; thus creating an everlasting rift between the two parties. In the case study 1-1 of our text, Reinstatement and Back Pay Remedy for Illegal Discharge, it seemed like a common sense; open and shut scenario. My initial thoughts without any research had me thinking there was no way an employer would need to reinstate an unlawfully terminated employee, since the person in question is an illegal alien. Recent events in the United States Court of Appeals for the Second Circuit showed that my thoughts were way off base and wrong. The Second Circuit Court of Appeals decided on a case, Palma v NLRB, on July 10, 2013 that an employer could be required to reinstate illegal aliens previously terminated in violation of the NRLA; or...
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...Top of Form [pic][pic][pic][pic][pic] Nanaimo (City) v. Northridge Fitness Centre Ltd. Between City of Nanaimo, and Northridge Fitness Centre Ltd. [2006] B.C.J. No. 441 2006 BCPC 67 Nanaimo Registry No. 57412-1 British Columbia Provincial Court (Criminal Division) Nanaimo, British Columbia Saunders Prov. Ct. J. Heard: November 1, 14 and 28, 2005. Judgment: January 20, 2006. Constitutional law — Canadian Charter of Rights and Freedoms — Fundamental freedoms — Freedom of expression — Reasonable limits — Oakes test — Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression dismissed — City's objective to control proliferation of portable signs to address problem of visual pollution and balance public interests with commercial interests was pressing and substantive — Bylaw rationally connected to objective, as evidence indicated that number of signs dropped since bylaw — Bylaw minimally impaired right to freedom of expression, as smaller portable signs and other advertising means were available for businesses — Means used by city to address objective and its effects were proportional. Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression — In order to curb proliferation of portable advertising signs, City of Nanaimo passed bylaw...
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...FREEDOM OF RELIGION PROVISIONS IN PUBLIC BODIES IN NEW ZEALAND, CANADA, AND THE UNITED STATES by ELIZABETH G. FOX 28 August 2009 1 I INTRODUCTION New Zealand does not have a state religion in the way that other countries do.1 The Church of England, for example, has its doctrine and prayer book ratified by Parliament and has the Queen as supreme authority over both ecclesiastical and civil matters.2 However, the central legislators of this country listen to the Speaker of the House open each Parliamentary session with the following prayer.3 Almighty God, humbly acknowledging our need for Thy guidance in all things, and laying aside all private and personal interests, we beseech Thee to grant that we may conduct the affairs of this House and of our country to the glory of Thy holy name, the maintenance of true religion and justice, the honour of the Queen, and the public welfare, peace, and tranquillity of New Zealand, through Jesus Christ our Lord. Amen. Is this appropriate in a country that professes no state church and the tolerance of all religions equally?4 Religious content has historically infiltrated governing and administrative bodies. However, with the cultural disestablishment of Christianity and the emergence of toleration for all faiths, there continues to be the presence and preference of a small set of religions by the State. The degree to which religion interacts with the State varies with different public bodies. One reaction to this ad hoc...
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...authority to do so * Legal realists – rules Courts willing to enforce Categories of Law * Substance Law v Procedure Law * Private Law v Public Law * Common Law v Civil Law Origins of Law 3.1. Common Law Legal System * Precedent: Follow the previous similar case * Stare decisis: let the precedent stands * Advantages: consistency, predictability, without sacrificing flexibility * Binding: (1) same jurisdiction Or (2) Higher Courts 3.2. Civil Law Legal System * Judges followed codes (Napoleonic Codes) Sources of Law Common Law * Traveling Court Law Merchant | NI: such as Promissory note and cheques | Canon Law | Will, Estate | Church Law | Family Law | Equity * Courts of Chancellor or Equity: arising due to the rigidity of Common Law. To relief and Satisfaction * Examples: specific performance and injunctions * Courts of Equity merged with Common Law Courts in around 1875. Statute * Parliament enacted Bills, with Royal consent becomes Statutes * Court cannot override but judges can: i. Interpret the law (whether violate constitutions) and determine the scope of applications ii. Identify special factors and distinguish different facts (judge-made laws) Law in Canada Constitution Act 1867 | Constitution Act 1982 | also known as British North American Act | included Charter of Rights and Freedoms | Division of legislative powers % federal and provincial government | | Sec. 91 Federal...
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...Jane Doee ENG 106 May 26, 2009 Charter Schools Why charter schools? Public, Private, Magnet, and Charter schools all have one thing in common, that is a place where students can learn, jobs for educators, and a location with a purpose where parents feel safe to let their children go to learn and interact with others in the community. Charter schools have a unique way of teaching students. Charter schools are not only created to teach the basic reading, writing, and math, but, to bring originality and flexibility to advance student’s achievements. Charter schools are not nation wide as of yet because the population in the community does not know how beneficial they can be towards the community. Charter schools are privately run and publicly financed departments run by parents, educators, and companies. The state and federal tax dollars are based on enrollment, just like public schools are. There is no tuition to attend a charter school, and it is freely available to any student who wishes to enroll. Charter schools are legally obligated to state and federal academic standards. Charter schools can make a difference in the community by having an arranged schedule for students, parents, and educators to follow. Parents, who work during school hours and have no one to pick up their children from school, can have their children attend evening, or weekend classes to make up for lost time in school. Students who are struggling with their academics...
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...In the cases R v Zundel and R v Keegstra the court states that the relationship between form and content in relation to freedom of expression are guaranteed by the Charter. Freedom of expression guarantees one’s freedom to express their own opinion, and beliefs. In addition, section 2(b) of the Charter does not guarantee ones protection from some forms of communicating statements. In R v Keegstra, Mr. Keegstra decides to express his opinion on the holocaust with his class. Furthermore while Mr. Keegstra unknowingly promotes hatred against jews. In Mr. Zundel case he promotes hatred through the publication of the statements that he knew to be false and that were likely to cause injury or mischief to a public interest. 2a) R v Zundel and R...
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...of rights law. Perhaps more than any other ground in human rights codes, creed rights tend to give rise to strong opinions, even among those who may not otherwise have much to say about human rights. Everything from what is creed (and what beliefs and practices are protected under the ground of creed), how creed claims are proven, how creed must be accommodated and what to do where creed bumps up against other rights have led to judicial interpretation and public debate. In Quebec, the provincial government appointed a Commission on Accommodation Practices Related to Cultural Differences 1 in response to public discontent concerning accommodation of, among other things, creed rights. This may be in part because creed is unique in some respects. It encompasses not just innate personal characteristics but also covers associated practices and beliefs. Rights in relation to religion have been recognized as not just equality rights, but also among the “fundamental freedoms” of every Canadian as listed in s. 2 of the Canadian Charter of Rights and Freedoms. 2 As well, as will be seen in the discussion of the human rights decisions in this paper, creed more than any other right is impacted by international events, as issues from around the world can lead to religious intolerance and discrimination in Canada. A growing trend towards secularization may mean that there is less tolerance for religious practices generally,...
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...the Philippines SUPREME COURT Manila EN BANC G.R. No. L-9637 April 30, 1957 AMERICAN BIBLE SOCIETY, plaintiff-appellant, vs. CITY OF MANILA, defendant-appellee. City Fiscal Eugenio Angeles and Juan Nabong for appellant. Assistant City Fiscal Arsenio Nañawa for appellee. FELIX, J.: Plaintiff-appellant is a foreign, non-stock, non-profit, religious, missionary corporation duly registered and doing business in the Philippines through its Philippine agency established in Manila in November, 1898, with its principal office at 636 Isaac Peral in said City. The defendant appellee is a municipal corporation with powers that are to be exercised in conformity with the provisions of Republic Act No. 409, known as the Revised Charter of the City of Manila. In the course of its ministry, plaintiff's Philippine agency has been distributing and selling bibles and/or gospel portions thereof (except during the Japanese occupation) throughout the Philippines and translating the same into several Philippine dialects. On May 29 1953, the acting City Treasurer of the City of Manila informed plaintiff that it was conducting the business of general merchandise since November, 1945, without providing itself with the necessary Mayor's permit and municipal license, in violation of Ordinance No. 3000, as amended, and Ordinances Nos. 2529, 3028 and 3364, and required plaintiff to secure, within three days, the corresponding permit and license fees, together with compromise covering...
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...Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of the Charter and indicates that none of the violations can be justified in a free and democratic society. INTRODUCTION: In a recent judgment, the Supreme Court of the United States approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment. 1 Interestingly, it seems that Canadian legislatures found this decision very...
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...R. v. Coldin A. Does the Charter apply? Which sections? As evident in the article, section 2b: “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication,” applies to this case. In this issue, a nudist named Brian Coldin, states that his freedom of expression has been infringed upon as he is charged with several counts of public nudity because of his lifestyle. In Canada, certain laws in forbid this act, which directly affects the ability of a nudist to express themselves. In response to this, Coldin’s lawyer, Clayton Ruby, has said that these charges have limited the expression of nudists and suggest that these laws infringe on Charter rights. However, witnesses have also claimed that seeing Coldin nude in public has caused trauma and unease. But, despite these...
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...In 1954, Brown v. Board of Education was a landmark Supreme Court case that would end public school segregation. Over fifty years later, studies have shown segregation has increased in the public school system. Currently, public schools have seen an escalation in segregation according to a report released by Richard Rothstein of the nonprofit Economic Policy Institute (Strauss, 2013). Three additional reports related to public school segregation have also been released. This increase in segregation could have detrimental effects on the U.S. multiracial society’s success (Strauss, 2013). The study conducted by Richard Rothstein was conducted in 2012 and has now received both international and national media attention. Segregation is defined as “separation of racial or ethnic groups in order for the dominate group to maintain social distance” (Henslin, 2011). In this case the dominant group is white students. A dominate group is defined as “a group with power regardless of the numbers associated with the group” (Henslin, 2011). Segregation has been growing based on both race and poverty. “Fifteen percent of black students and fourteen percent of Latino students attend “apartheid schools” across the nation in which whites make up zero to one percent of the enrollment” (Strauss, 2013). Previous studies conducted in the 1970s have shown four out of five students in the U.S. were white. Now in particular areas (South and West) students of color are the predominate race...
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