... 1) The court was unwilling to disturb the finding of the boxing commission -- although it acknowledged that it had the authority to do so. This deference to the expertise of a lower, non-judicial authority is a recurrent theme in the text and sports jurisprudence generally. See Chapters 3, 13, 14, 15, and 16. 2) The parties' credibility had a great deal to do with the court's ultimate conclusions. Here, students should be reminded of the idiosyncracies of the industry involved and how they may form the predilections and inform the judgment of adjudicating bodies. The public's perception is that the boxing business has not been peopled by persons of unimpeachable character and integrity. Doubtless, as reputations are formed, and reinforced by the decisionmakers' observations of testimony, the outcome of a case can be dramatically affected. 3) Footnote 11, referred to in N&Q 5, seems to have far-ranging consequences, suggesting not only that negative covenants can be implied and inferred from the fact of an athlete's unique talents, but also that professional athletes are unique per se. In N&Q 5, we consider just how...
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...2013.13.1.1756 Postmodernism Approach in Islamic Jurisprudence (Fiqh) 1 Ahmad Badri Abdullah, 1Mohd Anuar Ramli, 2Mohammad Aizat Jamaludin, 1 Syamsul Azizul Marinsah and 3Mohd Roslan Mohd Nor 1 Department of Fiqh and Usul, Academy of Islamic Studies, University of Malaya, 50603 Kuala Lumpur, Malaysia 2 Halal Product Research Institute (HPRI), Universiti Putra Malaysia 3 Department of Islamic History and Civilization, Academy of Islamic Studies, Universiti of Malaya, 50603 Kuala Lumpur, Malaysia Abstract: The history of Islamic jurisprudence (fiqh) has gone through various phases. From the time of the Prophet Muhammad (PBUH), it has continuously become a dynamic force in fulfilling the contemporary needs of the Ummah. After the period of imitation (taqlid), Islamic jurisprudence enters the renewal process (tajdid) in order to rejuvenate Muslim society to the practice of Ijtihad. The emergence of new approach was caused by the changes and developments in human life that spark to the existence of new issues, which their answers cannot be traced in the works of classical fiqh. Accordingly, some would prefer to utilize the postmodernism approach in the process of interpretation of the divine texts in order to get the ruling (hukm). Some of the thinkers and scholars seem to neglect the normative guide in classical Usul al-Fiqh (the principle of Islamic jurisprudence) and tend to formulate new approaches in jurisprudence deciding process such as deconstruction, hermeneutics...
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...Business Law Q.1. What is meant by discharge of contract? Discharge of contract relates to the circumstances in which the contract is brought to an end. Where a contract is discharged, each party is freed from their continuing obligations under the contract. A contract may be discharged in one of the following ways: * Discharge by Performance * Discharge by Breach * Discharge by Agreement * Discharge by Frustration Q.2. Discuss the various ways by which the contract may be discharged, with special reference to the doctrine of frustration. A contract becomes discharged through performance where both parties have fully performed their contractual obligations. If one party does not fully perform the contract this will amount to a breach of contract and the other party may have a claim for damages unless the contract has been frustrated. A further exception exists where a court is satisfied that substantial performance is present. The court may then award the contractually agreed price and deduct sums to reflect the amount not performed. Where one party freely agrees to accept partial performance, then a sum is payable for the work completed. The main focus is on free acceptance. Where a party is willing to perform and tries to tender performance but the other party does not accept the performance then the party seeking to tender performance is discharged from the contract and the non accepting party is liable in damages for non acceptance. Secondly...
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...in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally, two contradictory values can be cited as providing the validation and descent of all edict in the United States and the Britain especially England. These precise premises are the natural law and the positive law. The perspective of the positive...
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...PHILIPPINE LAW JOURNAC FILE COPY VOLUME 55 MARCH, 1980 FIRST QUARTER PHILIPPINE LAW JOURNAL , EXECUTIVE LEGISLATION: THE PIDLIPPINE EXPERIENCE Irene R. Cortes SOME ROLE/FUNCTIONS IN THE ADMINISTRATION OF CRIMINAL JUSTICE Alfredo F. Tadiar THE PATRIARCHAL TREATMENT OF RAPE ACROSS CULTURES Laurie A. Ajdukovich PROVISIONAL PERMITS: A CRITICAL REVIEW Rogelio E. Subong COMMENT BOOK REVIEW COLLEGE OF LAW UNIVERSITY OF THE PHIUPPINES ADMINISTRATION VISITORS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES BOARD OF REGENTS MINISTER OF EDUCATION AND CULTURE, Chairman PRESIDENT OF THE UNIVERSITY, Vice-Chairman REGENT EMIL Q. JAVIER REGENT FLORENTINO B. HERRERA, JR. REGENT ESTELITO P. MENDOZA REGENT TOMAS S. FONACIER REGENT ORLANDO J. SACAY REGENT GERARDO P. SICAT REGENT AMB~OSIO F. TANGCO REGENT RONALDO B. ZAMORA THE UNIVERSITY EMANUEL V. SORIANO, B.S.M.E., M.I.Mgt., D .B.A, President OSCAR ' M. ALFONSO, B.S.F.S., M.A, Ph.D., Vice-President for Academic Affairs RAMON C. PORTUGAL, AB., LL.B., M.P.A Ph .D., Vice-President for Administration GEMINO H. ABAD, A.B., M.A, Ph.D., Secretary of the University MANUEL P. BENDANA, B.S., University Registrar THE COLLEGE FROILAN M . BACUNGAN, AB., LL.B., LL.M., Dean ' FLERIDA RUTH P. ROMERO, AB., LL.B., LL.M., Director, D.P. Law Center ALFREDO F. T~IAR, A .B., LL.B., LL.M., Associate Dean and Director, Office of Legal Aid ANGEL G. MAPA, LL.B., Secretary EDUARDO A. LABITAG, AB., LL.B., Director, Law Evening...
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...Constitution and protect the constituents. But the question at stake is, how can the number of law enforcers augment to the need of the total populace? Thus, the challenge is posed … How is the making of law enforcers? Criminology major subjects are intended to prepare those whose lives are dedicated in upholding the law and in protection to everyone. The researchers devoted themselves to assess the Successes and Difficulties of their batch enabling them to fulfill for whatever field they may engage either Board Passers or Non-Board Passers. Having so stated, this study focuses about: Academic & Economic Aspects in order to gauge and recommend practical, technical, legal and logistics programs and practices applicable hereto subject to the approval of the School Administration that will assure positive impact to the concerned stakeholders. Hence, this study entitled Successes and Difficulties of EARIST Cavite Campus Bachelor of Science in Criminology Students in Their Major subjects. Setting of the Study Eulogio “Amang” Rodriguez Institute of Science and Technology (EARIST)- Cavite Campus, formerly called EARIST-GASAT (General Alvarez School of Arts and Trades), is a branch school of EARIST in Manila, a government state college. It operates with the funding support from the budgetary allotment of its Mother Institution, EARIST. Established on March 24, 1982, EARIST Cavite Campus started by offering vocational-technical courses with Mr. Rodrigo P. Hipol (Dr. Hipol)...
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...Family Law Assignment 1. The issue of cohabitation has sparked much debate among commentators as cohabitation has become a ‘strong alternative’ to marriage. This means that there have been calls for the law to recognise cohabitation but critics say this would undermine marriage. Within this answer we will look at the current status of the law especially the law to do with family property, the proposals for reform and look at the different arguments. If we look at the current law when it comes to marriage each party can seek court orders requiring one party to pay maintenance and the court has the power to redistribute any property owned by either party. Also on death the living spouse is the next of kin. However the court has no similar power to ‘adjust’ rights and property, they only can ‘declare’ who owns what. This can be seen where cohabiting couples have family property. Under the Law of Property Act 1925 section 53 express trusts have to made in writing .In this case the court can divide the property according to the written declaration. But this not the case where there is an implied or constructive trusts. Firstly there has to be common intention in which there has to be evidence which shows whether the property was supposed to be jointly owned .Secondly the claimant has to act to their detriment. However this system may not have favourable outcomes. As seen in Burns v Burns where the plaintiff lived with the defendant for nineteen years but never married...
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...WHAT IS A MADHHAB? WHY IS IT NECESSARY TO FOLLOW ONE? Q-News Interview, © Nuh Ha Mim Keller 1995 The word madhhab is derived from an Arabic word meaning "to go" or "to take as a way", and refers to a mujtahids choice in regard to a number of interpretive possibilities in deriving the rule of Allah from the primary texts of the Qur'an and hadith on a particular question. In a larger sense, a madhhab represents the entire school of thought of a particular mujtahid Imam, such as Abu Hanifa, Malik, Shafi'i, or Ahmad--together with many first-rank scholars that came after each of these in their respective schools, who checked their evidences and refined and upgraded their work. The mujtahid Imams were thus explainers, who operationalized the Qur'an and sunna in the specific shari'a rulings in our lives that are collectively known as fiqh or "jurisprudence". In relation to our din or "religion", this fiqh is only part of it, for the religious knowledge each of us possesses is of three types. The first type is the general knowledge of tenets of Islamic belief in the oneness of Allah, in His angels, Books, messengers, the prophethood of Muhammad (Allah bless him and give him peace), and so on. All of us may derive this knowledge directly from the Qur'an and hadith, as is also the case with a second type of knowledge, that of general Islamic ethical principles to do good, avoid evil, cooperate with others in good works, and so forth. Every Muslim can take these general principles, which...
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...was said to be sewing a dress alone in her home. He was also accused of fighting with Miller and hogtied her only to stab her repeatedly in her chest. Unfortunately for Hillery, there was someone who witnessed the incident and claimed that it had been Hillery at the home who had also been convicted of rape and had been on parole at the time for the crime he committed in the past. Hillery pleaded innocent but was indicted of the crime regardless of the facts simply because the members of the grand jury were systematically excluded of the black race. Clifford Earl Tedmon argued the cause and filed a brief on behalf of Hillery. The Warden (Vasquez) of San Quentin State Prison requested that the Court retire a “doctrine of equal protection jurisprudence first announced in 1880.” He announced to the court that “The time has come for us to abandon the rule requiring reversal of the conviction of any defendant indicted by a grand jury from which members of his own race systemically excluded.” He was “thrice sentenced” to death for the murder in which that sentence was reduced to life imprisonment because the California Supreme Court found that imposition of the death penalty was inconsistent with the California Constitution. Over the next sixteen years, Hillery pursued his Equal Protection Clause until he was able to file for a Habeas Corpus which is a court order to summon a prisoner to hear from a prison official the reason why he was imprisoned for the...
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...Li"V dhft;sA Q.-1 All contracts are agreements but all agreements are not contracts .Do you agree, Explain with the help of decided cases. iz’u 2- izfrQy dh ifjHkk"kk nhft;s rFkk blds viokn Hkh crkb;sA Q.- 2 Define Consideration and mention exceptions of the Consideration. iz’u 3- izLrko ds fy, Lohd`fr dk ogh egRo gS tks ck:n ls Hkjh xkM+h ds fy, ekfpl dh ,d tyrh gqbZ rhyh dk gS & ,Ulu Q.- 3 “Acceptance is to an offer what a lighted match is to a train of gunpowder.” – Anson. iz’u 4- Mkd o VsyhQksu }kjk lafonk ds fuekZ.k lEcU/kh fu;eksa dk o.kZu dhft,A Q.- 4 Explain the rules relating to formation of contract by post and telephone. iz’u 5- O;kikj vojks/kh djkj 'kwU; gksrs gS \ vioknksa lfgr bldk o.kZu dhft;sA Q.- 5 Agreements in restraint of trade are void. Discuss it with exception. iz’u 6- ckth djkj o lekfJr djkj esa vUrj dhft;s rFkk mudh ifjHkk"kk Hkh nhft;sA Q.- 6 Explain the difference between wagering agreement and contingement agreement and define the both also. iz’u 7- mu vk/kkjksa dk mYys[k dhft;s] ftuds vk/kkj ij ,d djkj o lafonk foQy ;k uSjk’; ¼QzLVªsVsM½ gks tkrh gSA Q.- 7 Explain the grounds on which a agreement and contract becomes frustrated. iz’u 8- ,d djkj esa ekufld lgefr vko’;d gSA foospuk dhft;sA Q.- 8 An agreement requires a meeting of minds. Comment. iz’u 9- v)Zlafonk ds fl)kUr dh O;k[;k dhft;sA Q.- 9 Illustrate the principles of frustration of contract. iz’u 10 lafonk ds mUekspu ds vk/kkjksa dk mYys[k dhft;sA Q - 10 Explain...
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...ensure that Dred Scott was overruled.” Senator Jacob Howard of Michigan explained the intent for the proposition of citizenship clause “Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons. It settles the great question of citizenship and removes all doubt as to what persons are or are not citizens of the United States. This has long been a great desideratum in the jurisprudence and legislation of this country.” The Fifth and Fourteenth Amendment Equal Protection-: The Equal Protection Clause of the Fourteenth Amendment forbids states from treating individuals differently based on unalterable characteristics, such as race, nationality, and gender. The Supreme Court has imposed the same obligation on the federal government through the Fifth Amendment. Segregation within the states was widespread even after the ratification of the Fourteenth Amendment. In 1896, “separate but equal” racial segregation was declared permissible under the Fourteenth Amendment in Plessy v. Ferguson. Homer Plessy, who was one-eighth black, boarded a “white patrons only” train car as an act of civil...
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...Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 2010 Employment Discrimination in the Ethnically Diverse Workplace Tanya Kateri Hernandez Fordham University School of Law, THERNANDEZ@law.fordham.edu Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Tanya Kateri Hernandez, Employment Discrimination in the Ethnically Diverse Workplace , 49 Judges' J. 33 (2010) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/14 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact tmelnick@law.fordham.edu. .. . .......... By Tanya Kateri Hernandez a1cial integrto has long been the touchstone of racial progress in the 0 workplace. But integration is only the beginning of the struggle to end racial discrimination. As workplaces become more diverse, they do nor necessarily becomie less racially discriminatory. Diverse workplaces may be characterized by antagonism between people ofdifferent races. Interethnic discrimination may exist along side the discrimination that has traditionally occurred between blacks...
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...Black Feminism Michelle Smith African American History Winter Quarter 2010 Purdue University Instructor: Professor Wilkens Introduction When the Black Feminist movement was developed, it was a revolution for black women. It gave them power, liberation, and a voice to overcome the emasculating efforts of white male power (Harrold, Hine, and Hine, 2009). When I first began this research, I discovered that Black Feminism is too broad of a topic to elaborate on as a whole. This paper defines the term “Black Feminism. It will explore two published articles that report on the theory and practice of how black feminism is making waves and what role of education in the development of the Black Feminist Thought from 1860 to 1920. This paper will examine when the National Black Feminist Organization was founded and lastly, how two outstanding women who made an impact in the Black Feminist Movement. According to Encyclo (n.d.) online encyclopedia the definition of black feminism is “A strand of feminist thought which highlights the multiple disadvantages of gender, class and race that shape the experiences of nonwhite women. Black feminists reject the idea of a single unified gender oppression that is experienced evenly by all women, and argue that early feminist analysis reflected the specific concerns of white, middle-class women.” In other words, black feminist argue that the liberation of black women entails freedom for all people since it would require the end of...
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...MARKETS LEGAL ENVIRONMENT IN BUSINESS BRAND & PRODUCT MGMT.[MKT.] INTRO. TO SOCIOLINGUISTICS 12-2 3-5 PHYSICS 2 LEGAL SYSTEM OF BANGLADESH [LAW] BUILDING AND FINISH MATERIALS STRUCTURE-I (BASIC MECHANICS OF SOLIDS) CONTROL SYSTEM BASICS IN SOCIAL SCIENCE ENTREPRENEURSHIP DEVELOPMENT TRAINING & DEVELOPMENT [HRM] SOFTWARE REQUIREMENT ENG. RURAL MARKETING [MKT.] PROFESSIONAL PRACTICE STATISTICS & PROBABILITY STATISTICS & PROBABILITY CONTEMPORARY ISSUES IN GLOBAL ECONOMY INTRODUCTION TO ECONOMICS PUBLIC SPEAKING POWER STATIONS Released on March 29, 2016 SECTIONS A,B,C,D,E,F,G,H,I,J,K,L,M,O,P,Q,R A,B,C,D,E A A,B A A A,B A,C1,C2,C3,C4,C5,C6,C7,C8 A A A,B,C A,B,C,D,E,F,G,H A,B,C,D,E,F,G,H,I A,B,C B,C,D,I,J A,B A A,B,C,D,E,F,G,H,I,J,K,L,M,N,O F1 A A A,C,D A,B,C,E,F,G,H,I, A,B,C,E,F,G,H,I A A,B,C A A N,O,P,Q A,B,C,D,E,F,G,H,I,J,K,L,M A A A A,B,C,D,E,F,G Day 2: April 24, 2016 (Sunday) TIME Building 1, 5 & 4 BUSINESS MATHEMATICS – 1 BASICS IN NATURAL SCIENCE ISLAMIC FINANCE & BANKING CONTEMPORARY ARCH. THEORY Building 7 COMPUTER NETWORKS MULTIMEDIA SYSTEMS ANALOG ELECTRONICS 1 9:3011:30 INTERMEDIATE MICROECONOMICS BIOMEDICAL INST. MEASUREMENT & DESIGN SALES MANAGEMENT [MKT.] INTRODUCTION TO SOCIOLOGY LOGIC AND PHILISOPHY 12-2 BUSINESS...
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...Freedom of Religion or Belief - how the FCO can help promote respect for this human right “The UK condemns all instances where individuals are persecuted because of their faith or belief, wherever this happens and whatever the religion of the individual or group concerned.”1 SUMMARY Freedom of religion or belief is a human right whose enjoyment is important to achieving the UK’s strategic priorities, particularly as regards conflict prevention and resolution. It is a sensitive issue in many countries. These guidelines, elaborated with the help of specialist stakeholders, aim to provide a simple introduction to the issues for FCO posts and desks, an analytical matrix to identify problems, some general responses to frequently raised issues, and other resources for those who wish to go deeper into the subject. 1 FCO Human Rights Annual Report 2007, p. 106 1 CONTENTS What is freedom of religion or belief? Paras 2-9 Why is freedom of religion or belief important to the UK? Paras 10-11 What is needed to achieve freedom of religion? Para 12 Vulnerable groups and freedom of religion Para 13 Children and freedom of religion Para 14 Freedom of religion and freedom of expression Paras 15-19 Restrictions on freedom of religion Paras 20 – 25 What problems are Posts most likely to encounter? Paras 26 – 32 How can Posts help to promote freedom of religion? Paras 33 – 38 Regional mechanisms Para 39 Some basic...
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