UN DDR in an Era of Violent Extremism: Is It Fit for Purpose?
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The Limits of Punishment Transitional Justice and Violent Extremism
i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s The Limits of Punishment Transitional Justice and Violent Extremism May, 2018 United Nations University – Centre for Policy Research The UNU Centre for Policy Research (UNU-CPR) is a UN-focused think tank based at UNU Centre in Tokyo. UNU-CPR’s mission is to generate policy research that informs major UN policy processes in the fields of peace and security, humanitarian affairs, and global development. i n s t i t u t e f o r i n t e g r at e d t r a n s i t i o n s Institute for Integrated Transitions IFIT’s aim is to help fragile and conflict-affected states achieve more sustainable transitions out of war or authoritarianism by serving as an independent expert resource for locally-led efforts to improve political, economic, social and security conditions. IFIT seeks to transform current practice away from fragmented interventions and toward more integrated solutions that strengthen peace, democracy and human rights in countries attempting to break cycles of conflict or repression. Cover image nigeria. 2017. Maiduguri. After being screened for association with Boko Haram and held in military custody, this child was released into a transit center and the care of the government and Unicef. © Paolo Pellegrin/Magnum Photos. This material has been supported by UK aid from the UK government; the views expressed are those of the authors. -
Federal Rules of Evidence: 801-03, 901
FEDERAL RULES OF EVIDENCE: 801-03, 901 Rule 801. Definitions The following definitions apply under this article: (a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion. (b) Declarant. A "declarant" is a person who makes a statement. (c) Hearsay. "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. (d) Statements which are not hearsay. A statement is not hearsay if-- (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross- examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person; or (2) Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. -
Cartels" Under the New German Cartel Statute
Vanderbilt Law Review Volume 11 Issue 2 Issue 2 - A Symposium on Trade Article 1 Regulation and Practices 3-1958 "Cartels" Under the New German Cartel Statute Heinrich Kronstein Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Labor and Employment Law Commons Recommended Citation Heinrich Kronstein, "Cartels" Under the New German Cartel Statute, 11 Vanderbilt Law Review 271 (1958) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol11/iss2/1 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 11 MARcH, 1958 Nuavim 2 A SYMPOSIUM ON TRADE REGULATION AND PRACTICES "CARTELS" UNDER THE NEW GERMAN CARTEL STATUTE HEINRICH KRONSTEIN* Introduction On January 1, 1958, the "Cartel Statute" of the Federal Republic of Germany' became effective. American interests in this event are threefold: (1) During the past decade Americans have tried to convince the Western world that in an industrial, democratic society legislation of the American antitrust type is imperative. Is the German cartel statute a piece of legislation of this type? (2) The enactment of the statute brings to an end the application of Law No. 56 enacted by the American Military Government on January 28, 1947. The Paris Treaty between the Allied Powers and Germany provided that the Allied "cartel laws," though administered by the German Minister of Economics, should remain in effect until the German legislature could agree on a new statute. -
Summary Record of the 47Th Meeting
Document:- A/CN.4/SR.47 Summary record of the 47th meeting Topic: Formulation of the Nürnberg Principles Extract from the Yearbook of the International Law Commission:- 1950 , vol. I Downloaded from the web site of the International Law Commission (http://www.un.org/law/ilc/index.htm) Copyright © United Nations 44 47th meeting — 15 June 1950 Code of Offences against the Peace and Security of sion must now decide whether or not it wished to adopt Mankind. the principles that an order given by a superior made 132. Mr. BRIERLY did not think that that was the the subordinate responsible; that was the first question problem. In no country did the law recognize superior it would have to decide. orders as a defence when a crime had been committed. 139. The CHAIRMAN again requested the Commis- sion to consider the matter and to form an opinion so 133. Mr. el-KHOURY expained that under the law that it could adopt a definite position with regard to the of his country, which was based on Islamic law, an decisions it was about to take. order given by a superior did not in itself free from responsibility the person to whom the order was given. The meeting rose at 1 p.m. The order of a chief who had power to enforce the execution of his order might remove that responsibility. He observed that the text of Principle IV, which was based on the text of article 8 of the Charter of the Niirnberg Tribunal, had been established by the Com- 47th MEETING mission the previous year. -
Medical Hearsay Issue Sheet
COMPILED BY: AEQUITAS: THE PROSECUTORS’ RESOURCE ON VIOLENCE AGAINST WOMEN Medical Hearsay Issue Sheet I. ROLE OF THE SANE/SAFE NURSE A. National Definition of a SANE/SAFE: The 2004 National Protocol for Sexual Assault Medical Forensic Examinations define SAFEs as, “health care professionals who conduct the examination.” SANEs are defined as “registered nurses who received specialized education and fulfill clinical requirement required to perform these exams. Additionally, SAFE and SANEs “are often used to more broadly denote a health care provider who has been specially educated and completed clinical requirement to perform the exam.” B. How do SANE/SAFE’s define themselves: The definition of the SANE/SAFE is crucial to the determination of the primary purpose of the sexual assault exam. The definition of the SANE/SAFE role will vary by jurisdiction and it must be clear that the SANE/SAFE is not a branch of law enforcement but an independent medical professional who has a two pronged responsibility to the community: (1) to provide access to comprehensive immediate care; and (2) also to facilitate investigations. The national protocol emphasizes a “coordinated community response,” focusing on “victim centered care.”1 II. CRAWFORD OBJECTIONS A. What is a Crawford Objection? Crawford v. Washington, 541 U.S. 36 (2004) held that statements by witnesses that are testimonial are barred under the confrontation clause, unless witnesses are available and defendant had prior opportunity to cross examine, regardless of reliability. In determining whether testimony is admissible under Crawford/Davis, first ask yourself two questions; (1) Is the statement testimonial? And (2) What was the primary purpose for obtaining a statement? 1 National Protocol for Sexual Assault Medical Forensic Examinations, U.S. -
Cartel Enforcement Global Review – September 2020 CARTEL ENFORCEMENT GLOBAL REVIEW – SEPTEMBER 2020
Cartel Enforcement Global review – September 2020 CARTEL ENFORCEMENT GLOBAL REVIEW – SEPTEMBER 2020 Fight against cartels continues to consolidate around the world The period between 2017 and the beginning of 2020 has shown the importance of the prosecution of cartels in the context of global competition law enforcement. Competition authorities are intensifying their initiatives and concluding investigations in strategic sectors such as technology and digital services, construction, transport and mobility services, life sciences, financial services, retail and consumer goods, agriculture, food and energy. In many jurisdictions, fines imposed against participants In the EU, Directive (EU) 2019/1 (ECN+ Directive), in cartels have increased significantly or remained at a aimed at providing competition authorities of high level in the reference period. the Member States with the means to implement competition rules more effectively and to guarantee In 2019, the European Commission imposed cartel the proper functioning of the internal market, should be fines of around EUR1.4 billion. Taking into account fines implemented by Member States by February 2021. of National Competition Authorities, the total fines imposed within the EU (excluding the UK) exceeded The criminal prosecution of cartels continues to be a key EUR4 billion in 2019. factor in many jurisdictions, with particular regard to US, Canada, Australia and Ireland. New Zealand introduced In the US, the amount of fines for cartels, criminal penalties adopting a law that will come into after an important decrease in 2017, rose again force on April 8, 2021. In the UK, the authorities to USD356 million in 2019. continue to seek directors’ disqualification orders in addition to monetary penalties. -
Illegality: the 'Range of Factors' Test and Its Likely Impact
Learn - Develop - Connect legalpd.com Illegality: The 'range of factors' test and its likely impact Recorded: 12 October 2016 MASTERCLASS TRANSCRIPT Overview This 22-minute video examines the defence of illegality – from its 18th century origins to the radical changes made by the Supreme Court in 2016. Topics covered: • An overview of the doctrine of illegality • The origins of the defence of illegality • The extent to which the illegality defence is used today • The 1st limb: Was it illegal or immoral conduct? • The 2nd limb: Is the cause of action founded upon that illegality? • The facts of Patel v Mirza • The 'range of factors' test explained • The likely impact of the new test Cases referenced: • Holman v Johnson (1775) 1 Cowp. 341 • Everet v Williams (1725); see (1893) 9 L.Q.R. 197 • Beaumont v Ferrer [2016] EWCA Civ 768 • Les Laboratoires Servier v Apotex Inc [2014] UKSC 55 • Tinsley v Milligan [1994] 1 A.C. 340 • Patel v Mirza [2016] UKSC 42 Learn - Develop - Connect legalpd.com Presenter profile Carl Troman, 4 New Square Based at 4 New Square, Carl Troman is a commercial litigator with particular expertise and experience in disputes involving insurance, professional liability, classic and super cars (including motorsports), property damage and costs. He is also a formally accredited mediator and acts as an arbitrator. Carl is recommended as a leading junior in the fields of both insurance and professional negligence by Chambers & Partners 2016 – being described as "super-intelligent with great interpersonal skills", and "very user-friendly and good on tactics". Carl is also ranked in the 2016 Legal 500 and has been described as "outstanding" and "an accomplished advocate". -
The European, Middle Eastern and African Antitrust Review 2018
The European, Middle Eastern and African Antitrust Review 2018 Published by Global Competition Review in association with AEQUO Law Firm FBC – Fischer Behar Chen Well Popovici Nit¸u Stoica & Asociat¸ii Baker Botts LLP Orion & Co Quinn Emanuel Urquhart & Sullivan, LLP bpv Hügel Rechtsanwälte Freshfields Bruckhaus Deringer LLP Shearman & Sterling LLP Bruun & Hjejle Gide Loyrette Nouel Simonsen Vogt Wiig AS Cadwalader, Wickersham & Taft LLP Herbert Smith Freehills LLP SZA Schilling, Zutt & Anschütz Cooley Hogan Lovells Rechtsanwalts AG Covington & Burling LLP Kellerhals Carrard Vieira de Almeida & Associados DLA Piper Morgan Lewis & Bockius UK LLP Willkie Farr & Gallagher LLP Dryllerakis & Associates Motieka & Audzevicˇius WilmerHale LLP ELIG, Attorneys-at-Law Norton Rose Fulbright LLP Fatur LLC Oppenländer Rechtsanwälte GCR www.globalcompetitionreview.com GLOBAL COMPETITION REVIEW Germany: Federal Cartel Office Andreas Mundt President Digitalisation and globalisation are triggering an enormous trans- important adjustments with regard to the notification of merger formation process that is challenging not only for the business com- cases that do not meet the established turnover thresholds. Cases munity but also for competition authorities, which have to deal with concerning the acquisition of companies that did not achieve high new markets, new players and new business models. The task of the turnovers in the past may also appear important in terms of their competition authorities is not changing, but the focus is. The Federal economic and competitive value for the purchaser. In those cases, Cartel Office is very well positioned to deal with this. the company’s economic potential can often be better expressed by One focus of our case work will be to keep markets open in the the purchase price. -
2019 Regional Meeting: Stockholm, Sweden Outline: Emerging Issues in Ecommerce Competition, Distribution, Data and Platform Power
3/22/19 Jay L. Himes 2019 Regional Meeting: Stockholm, Sweden Outline: Emerging Issues in Ecommerce Competition, Distribution, Data and Platform Power Online Platforms: A Blessing from Heaven or the Curse of the Devil? “The most innovative and valuable companies of our time are the leading ‘technology platform’ companies: Amazon, Apple, Facebook and Google – a group New York University Professor Scott Galloway simply labels ‘The Four.’ Except for Apple, none of these companies existed before 1990. That they have eclipsed in the public mind—in such a relatively short amount of time—such other tech giants as Microsoft, Oracle, Cisco and Intel is a testament to the remarkable acumen of the founders and leaders of The Four, their highly skilled workforces, and to the economy and society that have enabled them to flourish.” Robert Litan, A Scalpel, Not An Axe (Sept. 2018), https://www.progressivepolicy.org/wp-content/uploads/ 2018/09/PPI_Antitrustand DataLaws_2018.pdf. “What was once a rich selection of blogs and websites has been compressed under the powerful weight of a few dominant platforms. These dominant platforms are able to lock in their position by creating barriers for competitors. They acquire startup challengers, buy up new innovations and hire the industry’s top talent. Add to this the competitive advantage that their user data gives them and we can expect the next 20 years to be far less innovative than the last.” Sir Tim Berners-Lee, Open Letter (Mar. 12, 2018), https://webfoundation.org/ 2018/03/web-birthday-29/. 1 3/22/19 Jay L. Himes 2019 Regional Meeting: Stockholm, Sweden Outline: Emerging Issues in Ecommerce Competition, Distribution, Data and Platform Power I. -
The Admission of Government Agency Reports Under Federal Rule of Evidence 803(8)(C) by John D
The Admission of Government Agency Reports under Federal Rule of Evidence 803(8)(c) By John D. Winter and Adam P. Blumenkrantz or (B) matters observed pursuant having hearsay evidence admitted under to duty imposed by law as to which Rule 803(8)(c) follow from the justifica- matters there was a duty to report, tions for adopting the rule in the first excluding, however, in criminal cases place. The hearsay exception is premised matters observed by police officers on several conditions. First, the rule as- and other law enforcement person- sumes that government employees will nel, or (C) in civil actions . factual carry out their official duties in an honest 2 John D. Winter Adam P. Blumenkrantz findings resulting from an investiga- and thorough manner. This assump- tion made pursuant to authority tion results in the rule’s presumption of n product liability and other tort ac- granted by law, unless the sources of reliability. Second, the rule is based on the tions, plaintiffs may seek to introduce information or other circumstances government’s ability to investigate and re- Igovernment records or documents, indicate lack of trustworthiness. port on complex issues raised in many cas- federal and nonfederal alike, to establish es, from product liability claims to section one or more elements of their claims. In This article focuses specifically on 1983 actions against government officials. this regard, plaintiffs attempt to rely on the third prong of the rule: the use of Government agencies generally possess reports or letters written by government agency records in civil actions that result levels of expertise, resources, and experi- agencies responsible for overseeing the from an agency investigation made ence, including access to information that health, safety, and consumer aspects pursuant to authority granted by law. -
11-3-2012-06-26.Pdf
PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 11-3 CHADRICK EVAN FULKS, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Joseph F. Anderson, Jr., District Judge. (4:02-cr-00992-JFA-1; 4:08-cv-70072-JFA) Argued: March 20, 2012 Decided: June 26, 2012 Before WILKINSON, KING, and AGEE, Circuit Judges. Affirmed by published opinion. Judge King wrote the opin- ion, in which Judge Wilkinson and Judge Agee joined. COUNSEL ARGUED: Billy Horatio Nolas, Amy Gershenfeld Donnella, FEDERAL COMMUNITY DEFENDER OFFICE, Philadel- phia, Pennsylvania, for Appellant. Thomas Ernest Booth, UNITED STATES DEPARTMENT OF JUSTICE, Washing- ton, D.C., for Appellee. ON BRIEF: William N. Nettles, 2 UNITED STATES v. FULKS United States Attorney, Robert F. Daley, Jr., Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina; Lanny A. Breuer, Assistant Attorney General, Greg D. Andres, Acting Deputy Assistant Attorney General, Scott N. Schools, Associate Dep- uty Attorney General, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. OPINION KING, Circuit Judge: Having pleaded guilty in the District of South Carolina to all eight counts of a superseding indictment, Chadrick Evan Fulks was, on the recommendation of a jury, sentenced to the death penalty. The capital sentence was imposed on Fulks’s convictions of Counts One and Two of the superseding indict- ment, respectively, carjacking resulting in death, in contraven- tion of 18 U.S.C. § 2119(3), and kidnapping resulting in death, as proscribed by 18 U.S.C. -
Apportionment of Liability and the Intentional Torts: the Time Is Right for Change
Dalhousie Law Journal Volume 7 Issue 1 Article 8 3-1-1982 Apportionment of Liability and the Intentional Torts: The Time is Right for Change Brian C. Crocker Follow this and additional works at: https://digitalcommons.schulichlaw.dal.ca/dlj Part of the Torts Commons This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Brian C. Crocker, “Apportionment of Liability and the Intentional Torts: The Time is Right for Change”, Comment, (1982-1983) 7:1 DLJ 172. This Commentary is brought to you for free and open access by the Journals at Schulich Law Scholars. It has been accepted for inclusion in Dalhousie Law Journal by an authorized editor of Schulich Law Scholars. For more information, please contact [email protected]. Brian C. Crocker* Apportionment of Liability and the Intentional Torts: The Time is Right for Change I. Introduction In a tort action based solely on the Defendant's wrongful intentional conduct, both parties have been, until recently, at a decided disadvantage. There could be no apportionment of liability between the Plaintiff and Defendant. Fault concepts were seen in absolute terms. Either the Defendant was totally liable for the damages or he was not liable at all. Principles of apportionment of liability generally were not seen as applicable to the intentional torts. Thus, a Plaintiff's contributory fault was irrelevant in determining the Defendant's liability. Likewise, provocation was not a 'defence' and did not, in all jurisdictions, always reduce compensatory damages. Similarly for a Plaintiff the spectre was total success or total failure.