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Guide to Combat Crime Related to Falsified Medical Products
COMBATING FALSIFIED MEDICAL PRODUCT-RELATED CR ME A GUIDE TO GOOD LEGISLATIVE PRACTICES UNITED NATIONS OFFICE ON DRUGS AND CRIME COMBATING FALSIFIED MEDICAL PRODUCT-RELATED CRIME: A GUIDE TO GOOD LEGISLATIVE PRACTICES UNITED NATIONS Vienna, 2019 i Acknowledgements This Guide was prepared by the Organized Crime Branch, Division for Treaty Affairs, United Nations Office on Drugs and Crime, and was funded by France. This Guide benefited from the invaluable contributions of numerous experts in falsified medical products from all continents of the world, acting in their individual capacity. The United Nations Office on Drugs and Crime also wishes to thank the Council of Europe, the Economic Community of West African States, the European Union, the International Council of Nurses, the International Criminal Police Organization (INTERPOL), the New Partnership for Africa’s Development, the World Customs Organization and the World Health Organization for providing their expertise. Core team Hugo Bonar, Antonio De Vivo, Marion Ehalt, Karen Kramer, Riikka Puttonen and Christian Tournié Legal editing Colin Craig © United Nations, May 2019. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication may be reproduced in whole or in part and in any form for educational or nonprofit purposes without special permission from the copyright holder, provided acknowledgement of the source is made. UNODC would appreciate receiving a copy of any publication that uses this publication as a source. -
The Supreme Court and the New Equity
Vanderbilt Law Review Volume 68 | Issue 4 Article 1 5-2015 The uprS eme Court and the New Equity Samuel L. Bray Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Supreme Court of the United States Commons Recommended Citation Samuel L. Bray, The uS preme Court and the New Equity, 68 Vanderbilt Law Review 997 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol68/iss4/1 This Article 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 68 MAY 2015 NUMBER 4 ARTICLES The Supreme Court and the New Equity Samuel L. Bray* The line between law and equity has largely faded away. Even in remedies, where the line persists, the conventional scholarly wisdom favors erasing it. Yet something surprisinghas happened. In a series of cases over the last decade and a half, the U.S. Supreme Court has acted directly contrary to this conventional wisdom. These cases range across many areas of substantive law-from commercial contracts and employee benefits to habeas and immigration, from patents and copyright to environmental law and national security. Throughout these disparate areas, the Court has consistently reinforced the line between legal and equitable remedies, and it has treated equitable remedies as having distinctive powers and limitations. This Article describes and begins to evaluate the Court's new equity cases. -
European Convention on Extradition
European Treaty Series - No. 24 European Convention on Extradition Paris, 13.XII.1957 The governments signatory hereto, being members of the Council of Europe, Considering that the aim of the Council of Europe is to achieve a greater unity between its members; Considering that this purpose can be attained by the conclusion of agreements and by common action in legal matters; Considering that the acceptance of uniform rules with regard to extradition is likely to assist this work of unification, Have agreed as follows: Article 1 – Obligation to extradite The Contracting Parties undertake to surrender to each other, subject to the provisions and conditions laid down in this Convention, all persons against whom the competent authorities of the requesting Party are proceeding for an offence or who are wanted by the said authorities for the carrying out of a sentence or detention order. Article 2 – Extraditable offences 1 Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe penalty. Where a conviction and prison sentence have occurred or a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four months. 2 If the request for extradition includes several separate offences each of which is punishable under the laws of the requesting Party and the requested Party by deprivation of liberty or under a detention order, but of which some do not fulfil the condition with regard to the amount of punishment which may be awarded, the requested Party shall also have the right to grant extradition for the latter offences. -
CH 10 Confessions
CONFESSIONS .............................................................................................. 1 §10-1 Fifth Amendment Rights .......................................................................... 1 §10-2 Suppression Motions and Hearings ..................................................... 12 §10-3 Miranda Warnings ................................................................................... 17 §10-3(a) Generally ......................................................................................... 17 §10-3(b) Non-Police Interrogation ............................................................. 26 §10-3(c) “In custody” .................................................................................... 28 §10-3(d) “Interrogation” ............................................................................... 49 §10-4 Waiver of Rights ....................................................................................... 53 §10-4(a) Generally ......................................................................................... 53 §10-4(b) Interrogation After the Right to Counsel Attaches ............... 62 §10-4(c) Interrogation After Request for Counsel ................................. 68 §10-4(d) Interrogation After Request to Remain Silent ....................... 82 §10-5 Voluntariness ............................................................................................ 89 §10-5(a) Generally ......................................................................................... 89 §10-5(b) Examples: -
World Law Bulletin, February 2001
WLB 2001.02, February 2001 Indian rights The LAW Intellectual property law Internet security regulation Islamic edicts LIBRARY of Judicial independence Lifelong learning Marriage law CONGRESS Nuclear power plant Press freedom Privacy Wrongful birth case Updates: WORLD • World Trade Organization LAW • European Union Developments BULLETIN FOREIGN LAW FOCUS: Germany: Constitutional Court Rules on the Recognition of Jehovah’s Administration of medicines Witnesses Auditors China/Vietnam joint statement Embryo research People’s Republic of China: Farmers’ associations Extradition Law Firearms trading Foreign investment Income tax 2 WLB, No. 2001.02 –Lifelong learning law –Tax law amended The WORLD LAW EUROPE BULLETIN: a monthly France–Embryo research awareness service prepared by the Staff –“Wrongful birth” case of the Law Library of Congress. The Netherlands–Action against illegal trading in Editors: Constance Axinn Johnson and firearms Wendy I. Zeldin. For more information --Cameras and Privacy or research tailored to your needs, call: Slovakia–Auditors the Directorate of Legal Research, Ukraine–Hearings on press freedom at 7-4351 or fax: 7-1820. The Bulletin and information on Law SOUTH PACIFC Library services for Congress can be Australia–Judicial Independence found online: http://lcweb.loc.gov/law/congress. LAW AND ORGANIZATIONS– INTERNATIONAL AND REGIONAL GLIN: The Global Legal Information China/Vietnam–Cooperation statement Network, a primary source of authentic legal information serving congressional research needs, is accessed through -
Vol. 13, No. 1: Full Issue
Denver Journal of International Law & Policy Volume 13 Number 1 Fall Article 13 May 2020 Vol. 13, no. 1: Full Issue Denver Journal International Law & Policy Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation 13 Denv. J. Int'l L. & Pol'y (1983). This Full Issue is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],dig- [email protected]. DENVER JOURNAL OF INTERNATIONAL LAW AND POLICY VOLUME 13 1983-1984 Denver Journal of International Law and Policy VOLUME 13 NUMBER 1 FALL 1983 MYRES S. MCDOUGAL DISTINGUISHED LECTURE NUCLEAR WEAPONS AND INTERNATIONAL LAW: ILLEGALITY IN CONTEXT .................... Burns H. Weston 1 The University of Denver College of Law was honored to have Professor Burns H. Weston, Professor of Law at the University of Iowa, as its guest speaker for the eighth annual Myres S. McDougal Distinguished Lecture. Professor Weston chose to address the topic of assessing the legality of nu- clear weapons and warfare, and he notes it is the special obligation of law- yers, "together with our clerical friends, to point up the normative rights and wrongs of coercive nuclearism." In his remarks, Professor Weston ac- knowledges that while there are no explicit treaties or treaty provisions which render nuclear weapons illegal per se, there are six "core rules" appli- cable to nuclear weapons which may be derived from the conventional and customary laws of war. -
Treaty on Extradition
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13060 ________________________________________________________________________ EXTRADITION Treaty Between the UNITED STATES OF AMERICA and SOUTH AFRICA Signed at Washington September 16, 1999 NOTE BY THE DEPARTMENT OF STATE Pursuant to Public Law 89—497, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113)— “. .the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence . of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.” SOUTH AFRICA Extradition Treaty signed at Washington September 16, 1999; Transmitted by the President of the United States of America to the Senate May 18, 2000 (Treaty Doc. 106-24, 106th Congress, 2d Session); Reported favorably by the Senate Committee on Foreign Relations September 27, 2000 (Senate Executive Report No. 106-26, 106th Congress, 2d Session); Advice and consent to ratification by the Senate October 18, 2000; Ratified by the President December 23, 2000; Ratified by South Africa March 28, 2001; Ratifications exchanged at Pretoria June 25, 2001; Entered into force June 25, 2001. EXTRADmON TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES -
UNIFORM CRIMINAL EXTRADITION ACT Act 144 of 1937 an ACT
UNIFORM CRIMINAL EXTRADITION ACT Act 144 of 1937 AN ACT relative to and to make uniform the procedure on interstate extradition; to prescribe penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act. History: 1937, Act 144, Eff. Oct. 29, 1937. The People of the State of Michigan enact: 780.1 Uniform criminal extradition act; definitions. Sec. 1. Definitions. Where appearing in this act, the term "governor" includes any person performing the functions of governor by authority of the law of this state. The term "executive authority" includes the governor, and any person performing the functions of governor in a state other than this state. The term "state," referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States of America. History: 1937, Act 144, Eff. Oct. 29, 1937;CL 1948, 780.1. Compiler's note: The catchlines following the act section numbers were incorporated as part of the act as enacted. 780.2 Fugitives from justice; duty of governor. Sec. 2. Fugitives from justice; duty of governor. Subject to the provisions of this act, the provisions of the constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. -
Admiralty and Maritime Litigation in State Court David W
Louisiana Law Review Volume 55 | Number 4 Maritime Law Symposium March 1995 Admiralty and Maritime Litigation in State Court David W. Robertson Repository Citation David W. Robertson, Admiralty and Maritime Litigation in State Court, 55 La. L. Rev. (1995) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol55/iss4/2 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. Admiralty and Maritime Litigation in State Court David W. Robertson' TABLE OF CONTENTS I. Introduction ................................... 686 II. General Principles of Jurisdiction ..................... 687 A. The Criteria for Identifying an Admiralty or Maritime C ase . ...................................... 689 1. Admiralty Tort Jurisdiction .................... 690 2. Admiralty Jurisdiction in Contract Cases .......... 694 B. When Is Federal Court Admiralty Jurisdiction Exclusive? . 698 C. What Are the General Limits of State Authority in Concurrent Jurisdiction Cases? . 699 III. When Are State Courts Bound to Follow the Federal Courts: Current General Views of Reverse-Erie Preemption ........ 700 IV. Selected Difficulties from the Procedural Realm .......... 705 A. Forum Non Conveniens ......................... 705 B. Forum Selection Clauses ........................ 709 C. The Plaintiffs Right to Elect Bench or Jury Trial ...... 710 D. Prejudgment Interest ........................... 713 1. The Federal Court Picture in a Nutshell ........... 714 a. Bench Trials ........................... 714 b. Jury Trials in Maritime Cases Not Involving the Jones Act ............................. 715 c. Jury Trials in Jones Act Cases ............... 715 d. Summ ary .............................. 716 2. The State Courts' View that They Must Follow the Federal Courts ........................... -
Download Profile
Peter Caldwell Call: 1995 Email: [email protected] Profile “An intelligent, tactically astute and decisive advocate, who impresses with his ability to master complex arguments” - Legal 500 "A very thorough lawyer who is hands-on, dedicated and very passionate about human rights." - Chambers UK Peter is ranked by Legal 500 and Chambers UK as a leading barrister, (Band 1), in international crime and extradition and criminal fraud. The landmark extradition cases in which he has acted (Love, Symeou, Tollman, Fenyvesi, among many others, have shaped the law under the 2003 Act. He has successfully challenged extradition on grounds of abuse of process, political persecution, insufficiency of evidence and human rights arguments on prison conditions, fair trial, family rights and mental health. Having also acted for a number of Requesting States he is a natural choice to advise on the risk of extradition arising from international criminal investigations, particularly those concerning financial crime and bribery, and Interpol Red Notices. Peter advises in investigations by the Serious Fraud Office and in criminal and regulatory proceedings brought by FCA and FSA (IoM), as well as by the Pensions Regulator and Pensions Ombudsman. His international criminal work focusses on Sanctions, Export Controls and UN Sanctions Investigations. Chambers and Partners has commented "Instructed for the defence in major SFO cases. He regularly tackles matters involving allegations of bribery and market manipulation, and is an expert on sanctions work” Peter’s instructions reflect this assessment Defended a company director in the first prosecution of a Bitcoin operator by the Isle of Man FSA. Advising a Corporate and Trust Service Provider on Supervision Notice Defending former CEO of Norton Motorcycles in proceedings before Pensions Ombudsman. -
Extradition Treaty Between the Government of the United States of America and the Government of the Republic of South Africa Table of Contents
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13060 ________________________________________________________________________ EXTRADITION Treaty Between the UNITED STATES OF AMERICA and SOUTH AFRICA Signed at Washington September 16, 1999 NOTE BY THE DEPARTMENT OF STATE Pursuant to Public Law 89—497, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113)— “. .the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence . of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.” SOUTH AFRICA Extradition Treaty signed at Washington September 16, 1999; Transmitted by the President of the United States of America to the Senate May 18, 2000 (Treaty Doc. 106-24, 106th Congress, 2d Session); Reported favorably by the Senate Committee on Foreign Relations September 27, 2000 (Senate Executive Report No. 106-26, 106th Congress, 2d Session); Advice and consent to ratification by the Senate October 18, 2000; Ratified by the President December 23, 2000; Ratified by South Africa March 28, 2001; Ratifications exchanged at Pretoria June 25, 2001; Entered into force June 25, 2001. EXTRADITION TREATY BETWEEN THE GOVERNMENT OF THE UNITED STATES -
Danish Law, Part II
University of Miami Law Review Volume 5 Number 2 Article 3 2-1-1951 Danish Law, Part II Lester B. Orfield Follow this and additional works at: https://repository.law.miami.edu/umlr Recommended Citation Lester B. Orfield, Danish Law, Part II, 5 U. Miami L. Rev. 197 (1951) Available at: https://repository.law.miami.edu/umlr/vol5/iss2/3 This Article is brought to you for free and open access by the Journals at University of Miami School of Law Institutional Repository. It has been accepted for inclusion in University of Miami Law Review by an authorized editor of University of Miami School of Law Institutional Repository. For more information, please contact [email protected]. DANISH LAW DANISH LAW LESTER B. ORFIELD PART II* LOCAL GOVERNMENT In 1841 local government was reformed by introducing parish councils to which the peasants elected some representatives. 233 In turn the parish councils elected members of the county councils. The pastors were no longer to be chairmen of the parish councils, but continued to be members ex officio. The right to vote was extended to owners of but 1.4 acres. The councils were created to deal with school matters and poor relief; but road maintenance, public health, business and industrial licenses, and liquor licenses were also within their province. The right to vote in local elections was long narrowly restricted. Under legislation of 1837 the six largest cities other than Copenhagen chose coun- cilmen on a property basis permitting only seven per cent of the population to vote. Early in the nineteenth century rural communities began to vote for poor law and school officials.