...legislature, court, governor, or president. The secondary sources suggest a deconstruction, a rephrasing of the primary law. The secondary sources are used to boost determine and demonstrate the primary sources of law. The secondary sources might impact a legit judgment but these sources absolutely do not have the commanding jurisdiction like the primary sources of law. Primary sources of tax law The following are the primary sources of Federal tax law: * United State Code (USC) Title 26; * Court of Federal Claims , Decisions of the USC, federal circuit courts, district courts, and the United States Supreme Court; * Title 26 of USC - Treasury Regulations; * Revenue Rulings , Revenue Procedures, Announcements, and Notices - IRS guidance published in the Internal Revenue Bulletin, and * Other IRS material, including Private Letter Rulings and Technical Advice Memoranda. * ("Tarlon Law Library", 2011). * The secondary sources of tax law There are some of secondary sources such as: * Dictionaries that are designed to give information about terms used in law called "Legal Dictionaries" * Some words & phrases that give the expression and cross-references * The source that contains brief, broad summaries of legal topics which called "Legal Encyclopedias" * Some essays that discuss about certain points of law called "Annotated Law Reports" * ("Library Of Congress", 2012). * The substantial authority * According to the Treasury...
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...Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition from Socialism Author(s): Ethan Michelson Source: American Journal of Sociology, Vol. 113, No. 2 (September 2007), pp. 352-414 Published by: The University of Chicago Press Stable URL: http://www.jstor.org/stable/10.1086/518907 . Accessed: 29/09/2013 06:25 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . The University of Chicago Press is collaborating with JSTOR to digitize, preserve and extend access to American Journal of Sociology. http://www.jstor.org This content downloaded from 203.101.161.82 on Sun, 29 Sep 2013 06:25:22 AM All use subject to JSTOR Terms and Conditions Lawyers, Political Embeddedness, and Institutional Continuity in China’s Transition from Socialism1 Ethan Michelson Indiana University, Bloomington This article uses the case of Chinese lawyers, their professional troubles, and their coping strategies to build on and develop the concept of political embeddedness. Data from a first-of-its-kind 25-city survey...
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...Sierra College California Public Policy Case Study: AB 1014 Nathan Nguyen Political Science 001: American Government Professor Vince Latino 10/20/15 Nathan Nguyen Professor Vince Latino Political Science 001 20 October 2015 California Public Policy Case Study: AB 1014 On February 22, 2013 a new form of legislation was created to allow family members and law enforcement officers ask a judge to issue temporary restraining orders preventing people from possessing a firearm when a person poses a threat: Assembly Bill 1014. Passed on a 23-8 vote and signed by California Governor Jerry Brown on Wednesday September 30th. The bill was brought to light after twenty two year old Elliot Rodgers legally bought three semi-automatic rifles with intent to shoot University of Santa Barbara students killing six students and taking his own life. Prevailing law declares those that have been admitted to a mental health institution are denied the right to purchase firearms under the circumstances of: a certified therapist alerts the police that the individual is a danger to themselves and others, the individual has been previously been convicted of a felony or a misdemeanor, have under gone a...
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...SHUAI MA BUS 551-001 - Spring 2013: Legal & Ethical Environment Professor Victor G. Petrigliano 2/18/13 Week 3 In my opinion, the Cola company has an ethical problem but not guilty. Here are some reasons for this statement. For the aspect of ethical, the problem is that no matter the company should be blame or not, the fact is Cola company’s products contain unacceptably high levels of pesticide residues. There may be some reasons for this, such as the company could not examine the pesticide residues level, the water in India itself has problem of pesticide residues, which is not necessarily the company’s fault. But there are so many customers enjoy the products that may be problematic, the company is automaticly involved. Guilty or not, they must come up with some solutions, otherwise the brand will suffer in the long run. As far as the legal part, the company should not be determined guilty. First of all, the reason for this result is unclear. It may be competitor setting them up, test samples being polluted, or the India local water resource has pesticide residues and so on. In that case, the government should control all the condition instead of punish the company as the products provider. As long as these problems exist, punishment will not change the situation and help the people who drink the products in India which is the main idea of government regulation. Moreover, if none of them is true, and the problem is caused by Cola Company internal, like process...
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...Hoy LST 2010:001 10 December 2011 Legal Activism In the legal profession, there are many people who become a lawyer not to get rich or to gain prestige, but who go into the law to make real changes. The practice of attempting to make changes to law through the courts is known as legal activism. Activist lawyers generally are passionate about the causes they are fighting for. They believe that there is a fundamental right to make changes to the law and that society demands that they do this. Some would argue that this kind of activism can be likened to that of the religious fanatic who has no doubts about what God wants of him. They argue that the law is supposed to remain constant and unwavering and that inconsistency in the law is dangerous to society itself. This paper will evaluate the above claims using examples of cases where activist lawyers have attempted to change a law that they believed needed to be changed and give examples of cases in which activism resulted in significant changes in not only the law as we knew it, but also society’s perception of right and wrong. Many lawyers believe that law was intended to remain constant and unwavering, and that any lawyer who tries to change the law is as dangerous as a religious fanatic. The difference between religious fanaticism and activist lawyers is that activist lawyers generally seek to reform the law in what they perceive to be an injustice to civil rights. Law students, upon...
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...Social Media-Instagram Strayer University LEG100143VA005-1146-001 Prof. Renee Berry August 14, 2014 In the past several years the rise of social media outlets has become astounding. From Myspace in 2004, Facebook in 2007 and the newest social media craze, Instagram in 2010. Instagram is a fun and quirky way to share your life with friends through a series of pictures. Snap a photo with your mobile phone, then choose a filter to transform the image into a memory to keep around forever (Frommer). The founders Kevin Systrom and Mike Kreiger launched Instagram October 6, 2010 by December twenty-first of that year the community had grown to over one million users (Instagram, press page). Many companies also use Instagram and other social networking sites to advertise their businesses. This paper will explore the four components of a legally astute social media marketing manager; analyze methods of alternative dispute resolution; determine how federal government can best control transactions; examine which branch of the government can have the most impact on regulating consumer; and explain the agency relationship that exists on social media sites. Legally astute managers have multiple abilities among those abilities are being proactive and being able of identifying and pursuing opportunities to use the legal system to improve the total value of the firm. To be a legally astute manager is to have the ability to communicate effectively and to work together to solve complex...
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...Humor and law enforcement, two words that many individuals believe should not mix in the real world. Individuals in law enforcement are scrutinized in some ways more than any other profession in this country. In the United States police officers are held to a professional standard and their every action can be recorded and scrutinized by the public. Law enforcement is a profession in which they deal with individuals on their worst days. Once that 911 call is received, dispatch can send officers to scenes that range anywhere from traffic incidents, noise disturbances, domestic disturbances, suicide attempts, and murder scenes. Some people have trouble seeing past the blue uniform to understand that there is a human behind that badge and that they deal with these stressful events on a daily basis. To that effect one of the ways in which law enforcement personnel deal with these incidents is through the use of humor. The goal of this paper is to identify the psychological reasoning’s behind law enforcements uses of humor and serve as a guide for the public in understanding and accepting it....
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...If the individual is under 18, they must be accompanied by someone who is 18 or older. Aside from the SC-100 form described above, there are some other forms which need to be filled. For instance, businesses with fake names also need to file form SC-103. In this form, an official of the business must state that their business has followed the laws for submitting a fake business name in California. These requirements must be met for the business to file a case in a small claims court. Otherwise, certain things must happen before an action gets filed. Someone other than the plaintiff must choose a date for the hearing, search for the defendant, and deliver a copy of the claim to them. Afterwards, that same person must fill out form SC-104, also known as the Proof of Service form. They must mention where and when they sent the claim to the defendant and sign it. Normally, a plaintiff must pay a fee to file their case in the small claims court. However, if they are unable to pay that fee, they can obtain an exemption to the court fees by signing form FW-001 for fee...
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...Submitted on August 30th, 2013 Submitted on August 30th, 2013 Prepared for MHMRA, Purchasing Department Prepared by Network Solutions u All rights reserved. ALL OFFENDERS WILL AUTOMATICALLY BE SUED IN A COURT OF LAW. All rights reserved. ALL OFFENDERS WILL AUTOMATICALLY BE SUED IN A COURT OF LAW. All rights reserved. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSES TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW. All rights reserved. IT IS ILLEGAL AND STRICTLY PROHIBITED TO DISTRIBUTE, PUBLISH, OFFER FOR SALE, LICENSE OR SUBLICENSE, GIVE OR DISCLOSES TO ANY OTHER PARTY, THIS PRODUCT IN HARD COPY OR DIGITAL FORM. ALL OFFENDERS WILL BE SUED IN A COURT OF LAW. Network Infrastructure Upgrade Network Infrastructure Upgrade Table of Contents Statement of Confidentiality & Non-Disclosure 2 Executive Summary 3 1. Company Background 4 2. Client Background………………………………………………………………………………………………5 3. Information of Needs……………………………………………………………………………………………6 3.1 MHMRA Requirements………………………………………………………………………………………….6 4. Project Scope…………………………………………………………………………………………………….7 4.1 Scope of Work……………………………………………………………………………………………………7 4.2 Network Scope…………………………………………………………………………………………………..7 5. Proposed Services………………………………………………………………………………………………8 5.1 Objectives………………………………………………………………………………………………………...
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...Review of Review of Economics and Institutions ISSN 2038-1379 DOI10.5202/rei.v1i2.1 ECONOMICS and INSTITUTIONS Vol. 1 – No. 2, Fall 2010 – Article 1 www.rei.unipg.it The Role of Institutions in Growth and Development Massachusetts Institute of Technology Daron Acemoglu Harvard University and Weatherhead Center for International Affairs James Robinson Abstract: In this paper we argue that the main determinant of differences in prosperity across countries are differences in economic institutions. To solve the problem of development will entail reforming these institutions. Unfortunately, this is difficult because economic institutions are collective choices that are the outcome of a political process. The economic institutions of a society depend on the nature of political institutions and the distribution of political power in society. As yet, we only have a highly preliminary understanding of the factors that lead a society into a political equilibrium which supports good economic institutions. However, it is clear that it is the political nature of an institutional equilibrium that makes it very difficult to reform economic institutions. We illustrate this with a series of pitfalls of institutional reforms. Our analysis reveals challenges for those who would wish to solve the problem of development and poverty. That such challenges exist is hardly surprising and we believe that the main reason for such challenges is the forces we have outlined...
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...addressing impunity Closing the gap The role of non-judicial mechanisms in addressing impunity No Peace WiThouT Justice No Peace Without Justice Copyright 2010 © No Peace Without Justice Via di Torre Argentina 76, I-00186, Roma, Italy www.npwj.org Permission to reproduce and distribute this document is hereby granted provided that this notice is retained on all copies, that copies are not altered and that No Peace Without Justice is credited. This publication is also available at www.npwj.org. No Peace Without Justice is an international non-profit organisation founded by Emma Bonino and born of a 1993 campaign of the Transnational Radical Party that works for the protection and promotion of human rights, democracy, the rule of law and international justice. NPWJ undertakes its work within three main thematic programs: International Criminal Justice; Female Genital Mutilation; and Middle East and North Africa Democracy, including specific work on Iraq. NPWJ is a Member of the TRP Senate, a Member of the Steering Committee of the NGO Coalition for the International Criminal Court and the Italian civil society partner in the Democracy Assistance Dialogue. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of No Peace Without Justice and can in no way be taken to reflect the views of the European Union. Overall editing of this report was done by Alison Smith. The draft report was prepared...
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...Jury Nullification Amanda Hughes, Casey Fazendin, Lorie Dixon, Marquita Gist, Vaishnovi Rajagopal CJA/344 Cultural Diversity Issues in Criminal Justice April 9, 2012 Major Williams Crime is an "action" or a behavior of an individual that violates the laws and faces consequences such as punishment. The relationship of crime and the laws are that society is governed by the government and created a set of laws which must be respected and by violating these set of laws would be considered as a "crime". Obviously, in these situations our criminal justice system plays an important role. "Criminal Justice refers to the aspects of social justice that concern violations of the criminal law". However, there are many people that still believe the criminal justice system is racially biased. Racial disparity and discrimination is one the most contentious concerns in our society since several decades. Jury Nullification is an act that “permits juries to acquit even when the facts of the case suggest they convict, and enables citizens to play more active role in determining justice and what/ whom should be punished” (Robert McNamara, 2009). In other words, Jury nullification consents the jury to return a non-guilty verdict when the defendant is certainly guilty. This paper scrutinizes on the pros and cons of race based jury nullification. Additionally, it describes against the race based jury nullification with proper evidences...
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...Ad idem ‘12 | Jurisdictional Issues in Cyber Crimes | | | | | Arashdeep Singh Gurm Address: #181 Anand Nagar A, Gurudwara Street Patiala(147001) E-Mail Id: arashdeepgurm@gmail.com Contact Number: 7508729986,9646020181 RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB Mohindra Kothi, Mall Road, Patiala - 147 001 (PUNJAB) | ABSTRACT In this essay I wish to discuss the various types of crimes that are emerging with special reference to developing countries like India By developing we mean where growth of Information Technology is rampant but still it has not reached its peak. Cyber crimes can take place across various jurisdictions and hence the legal issue of jurisdiction of International Courts and country specific Indian Courts arises. Throw light on the present system in India, how it is ineffective and also upon international treaties and legal solutions to deal with the same. I have suggested possible ways to tackle the problem taking into consideration the domestic laws in India. The inefficiency of legislature to enact a more user friendly law is also examined in detail. Turning back our focus on the main legal dilemma of Jurisdiction of Cyber Crime Courts we have suggested a model that would be successful in India taking into consideration its working in other countries. In my concluding remarks a problem solution approach is taking where we have addressed the issue and after due consideration the solution is suggested. If proposal taken...
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...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an...
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...that breaks the Immigration Law should be punished, even if they are not citizens of the country. According to Perez (2001), “In 1986 Congress passed the Immigration Reform and Control Act that, among other things, granted amnesty to illegal immigrants who could demonstrate continual residence in the United States prior to 1982” (Perez, 2001). Because of this law, millions of illegal immigrants can use this act to become citizens of the United States. | According to Mirram-Webster (2012), “amnesty means that the act of an authority (as a government) by which pardon is granted to a large group of individuals” (Mirram-Webster, 2012). Therefore, amnesty is unfair and unconstitutional because all of the illegal immigrants that come into the United States are pardon after they have violated the laws in this country. Why do we continue to allow these illegal immigrants to go unpunished? If it were some of the U.S. citizens breaking this law they would not be granted amnesty; they would be treated differently, so why illegal immigrants should be pardoned? Robert Byrd (2001), a West Virginia senator, says, “Illegal immigrants who have worked for many years in the United States should not be granted amnesty” (Byrd, 2001). Illegal immigrants who work in the United States should be punished because they do not have green cards or permission from the United States to come to America. Although amnesty is an approved law, many peoples do not agree with this law. On the other hand, some Americans...
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