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Digital Forensic Issues in Civil Proceedings
Digital Forensics is an emerging field that has quickly become a key source of evidence in criminal and civil cases. While digital forensics has been challenging to incorporate into both criminal and civil cases, the environment of civil cases does not have the structure of the law enforcement processes to serve as a framework f.. Read More
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A Sub-Cultural Mitigation Defense: Explaining Behaviors Scripted From Ideas
In this paper, I examine the role of a sociologist as a mitigation expert in two cases of violent crime. Both cases used a subculture of violence defense. Case I involved a young black male defendant and a white victim who wasan on-duty police officer. In Case II both victim and defendant were young black males. What makes these.. Read More
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Precautionary Principle: Case Law in Colombia
This article reflects on an approach to the scope of the right to environment in Colombian constitutional jurisprudence and it focuses specifically on the precautionary principle as hermeneutical criterion used by the jurisprudence of the Constitutional Court to determine the need for intervention by public authorities, to poten.. Read More
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This article considers the legal issues of food security as a major component of national security of the republic. The problem of food security is the top priority of the economic policy strategy of any state, the effectiveness of this solution influences social, political, and ethnic stability in society. Food security and nut.. Read More
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This work deals with issues that arise from some of the provisions of the Italian Law 85/2009, particularly regarding children inclusion in the Italian national Forensic DNA database, that can be considered as an example of legislation which is not “proportionate” to the legitimate aim to protect minors in a context .. Read More
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The Notion and Legal Space of Exercising the Right to Ownership
The aim of this article is to address the institute of the right to ownership, as a basic legal category, but also as one of the fundamental human rights that is regulated and guaranteed by a host of international legal instruments and documents. Following a brief historical overview, the article highlights the concept, legal na.. Read More
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This work explores empirical and theoretical perspectives on land acquisition for the protection of environment accompanied by rehabilitation of the evicted community. Land acquisition followed by resettlement of affected fishermen community apparently had an overall good impact on the evicted population. The work reveals that r.. Read More
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The Maritime Labour Convention 2006 (MLC) was drafted under the auspice of the International Labour Organisation (ILO). Pursuant to Article VIII (3), the Convention should come into force within a year after the ratification by the thirtieth State and when the total share of the gross tonnage of ships reaches thirty-three per ce.. Read More
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Stories are central to law. Yet narrative analysis, the key analytical technique in the social sciences for analysing stories, is largely unknown in legal scholarship. This article investigates the central tenets of narrative analysis as a social scientific research method. It goes on to explore its possibilities and pitfalls fo.. Read More
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The eminent English judge and jurist Sir James Fitzjames Stephen once famously said that it was desirable that criminals should be hated, and that the punishments inflicted on them should be contrived so as to give expression to that hatred, and to justify it in so far as the public provision of means for expressing and gratifyi.. Read More
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The paper aims to investigate the relationship of interaction between the mother’s right to remain anonymous and the newborn’s right to know his/her own origin in the Italian legal system. The “Decreto del Presidente della Republica” of November, 3, 2000, n. 396, allows the mother the right to be unmentio.. Read More
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Harmonisation of Private International Law - Is It Possible At All?
Unlike its public international law counterpart, private international law traditionally lies on domestic rules of each jurisdiction. Recently, some trends can be seen both on the regional level and the global level to harmonise private international law rules. What exactly have these attempts achieve? This editorial article see.. Read More
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How well-equipped is the discipline of law to cope with complex questions arising in the emerging Asian Century? This editorial article reviews how time and space namely, the predominance of European and American power in 19th and 20th centuries have forged an Anglo-American emphasis in traditional disciplines of law, such as co.. Read More
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