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I'm Sorry, You're Too High To Work… An Analysis of the Courts' Adjudication of Suspicionless Drug Testing in the Public Workforce under the Fourth Amendment after Skinner and Von Raab Introduction It is the beginning of January, and the holiday spirit has now passed. Unfortunately, it's time to leave the warm and cozy comfort of your family's home in Northern Virginia to return to Boston College for another grueling semester of administrative law case briefs, international economics...
In 1964 Mr Thornton, the plaintiff, who was a free-lance trumpeter of the highest quality, had an engagement with the BBC at Farringdon Hall. He drove to the City in his motor car and went to park it at a multi-storey automatic car park. It had only been open a few months. He had never gone there before. There was a notice on the outside headed ‘Shoe Lane Parking’. It gave the parking charges, 5s for two hours, 7s 6d for three hours, and so forth; and at the bottom: ‘ALL CARS...
Answer To Question 3. My advice to you Fred would be that contravening the act under subsection 3B of the Protection of Wrecks Act 1973 because you know it is a restricted area and have asked your employee Susan to dive to carry out certain investigative work on the wreck of the Roady. You know this area is a designated restricted area and Susan would be driving outside the permitted time of the granted licence by the Secretary of State. Therefore I would have to advise Fred that he...
Though it is a commonly held belief that the admissions process in the United Nations was delayed by the Soviet Union’s use of their veto power, scholars from have disagreed about why the Soviets relied on the veto and whether this was the real problem with the membership process. According to Padelford (1948), as the national interests of the Soviet Union and the Western powers grew apart, clashes involving the use of the Security Council veto were unavoidable. The Soviet Union had to...
Thesis: There are many reasons why women abort pregnancies, and many side effects that result from abortion. There are also two points of view on abortion. The first is against abortion, and presents very reasonable arguments; and the second is with abortion, and also gives a few feasible reasons. In particular, there is much controversy in the Middle East and in Lebanon, where the law does not allow abortions, and religious figures play a vital role in directing people towards a certain...
The Position in LawPrior to 1st February 2010 the law in respect of assisted suicide consisted of two offences. The first was the substantive offence under Section 2 of the Suicide Act 1961 of aiding, abetting, counselling or procuring a suicide or a suicide attempt. For that offence to have been committed there needed to be an intention to aid, abet, counsel or procure an actual or attempted suicide and for a person to be assisted or encouraged by the conduct of the defendant to actually...
The World Trade Organization (WTO) is one of the most important organization set up today. It was established in 1995 after GATT was dissolved and has its headquarters in Geneva (Hoekman and Mavroidis , 2007). WTO consists of 140 members who account for approximately 90% of world trade. The organizational structure of WTO is divided into 3 main groups that is Ministerial Conference, General Council and multiple bodies, committees and councils like Dispute Settlement Body, Councils for Trade...
The articles in this special issue of the Industrial Law Journal seem to me to mark the emergence of a distinctive genre of employment contract and employment relationship studies within the scholarship of Labour Law. Those studies intersect in complex ways with other established or emergent genres, such as those of collective bargaining and representation law, human rights and discrimination law, and labour market regulation. I have interpreted the invitation to write an Epilogue to this set...
The exclusionary rule is a legal rule that is used in the United States, stating that the evidence that was illegally seized by the police, cannot be admitted during criminal trials. This is done for the protection of a constitutional right. On the other hand, the exclusionary rule also states in the Fifth Amendment that no one "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due...
Nine decades on, what Lord Dunedin held in Dunlop Penumatic Tyre Co Ltd V. New Garage & Motor Co Ltd[2]has become a locus classicus. It is probably the most authoritative and comprehensive judgement till date on the subject of penalty clause in commercial contracts. It just goes to show the nature of complexity involved in distinguishing penalties from liquidated damages. To quote the five judges Constitution bench in Fateh Chand V. Balkishan Dass[3], “The section as it stands today...