A reconsideration of the prima facie case

The topic of this dissertation is whether the requirement of' a prima facie case' and the approach to determining whether it has been met in the context of security arrests 'in terms of section 5(3) of the Admiralty Jurisdiction Regulation Act' ("the Act") is still appropriate, and if not, what should the approach and the requirements be both to security arrests and to attachments at common law and under the Act. One of the current requirements for obtaining the relief sought in (a) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising their general civil jurisdiction ("attachments at common law"); (b) 'an application for an order for attachment to found or confirm jurisdiction' before courts exercising Admiralty jurisdiction ("attachments in personam under the Act"); ( c) arrests in rem to enforce a claim in Admiralty ("arrests in rem"); and, (d) an application for an order for an arrest in Admiralty ("security arrests") is that the applicant must show 'that it has a prima facie case on the merits against the respondent

Misleading Advertising: Prevent or Punish?

I Promise, great promise, said Dr. Johnson, is the soul of advertisement. But what if the promise isn\u27t kept? What sort of crime is that? No crime at all, at common law. The common law allotted promises and their breach not to the criminal law but to the law of contract. More important still, the law saw the problem of advertising as part of a wider problem to be solved not by law but by a different institution - the market. The problem of advertising, after all, is one special facet of the conflict between seller and buyer.\u27 According to orthodox economic theory each seeks to maximise his own interest - the seller to get the highest price, the buyer the best buy. Hence the need for advertisement. For the seller must maximise his persuasion of the buyer, while the buyer must maximise his information about the product

Misleading Advertising: Prevent or Punish?

I Promise, great promise, said Dr. Johnson, is the soul of advertisement. But what if the promise isn\u27t kept? What sort of crime is that? No crime at all, at common law. The common law allotted promises and their breach not to the criminal law but to the law of contract. More important still, the law saw the problem of advertising as part of a wider problem to be solved not by law but by a different institution - the market. The problem of advertising, after all, is one special facet of the conflict between seller and buyer.\u27 According to orthodox economic theory each seeks to maximise his own interest - the seller to get the highest price, the buyer the best buy. Hence the need for advertisement. For the seller must maximise his persuasion of the buyer, while the buyer must maximise his information about the product

Should States or Cities Regulate Fracking: Colorado the Latest State to Confront the Issue

The Kay Bailey Hutchison Center for Energy, Law, and Busines

ENVRIZ: A Methodology for Resolving Conflicts between Product Functionality and Environmental Impact

Product development organizations are facing more pressure now than ever before to become sustainable. However, organizations are reluctant to compromise product functionality in order to create products that have less environmental impact than that required by regulations. Thus, engineers may face a conflict between improving product functionality and reducing environmental impact. The design for environment (DfE) tools currently available are inadequate with respect to helping engineers determine how to resolve this conflict during the conceptual design phase. The Theory of Inventive Problem Solving (TRIZ) which is based on Design by Analogy provides a promising conceptual design approach for this problem. Examples of products that simultaneously reduce environmental impact and improve product functionality can inspire engineers to do likewise. This research consists of 1.) Finding products and patents that overcome a contradiction between product functionality and environmental impact; 2.) Analyzing and determining the functionality parameter, environmental parameter, and TRIZ principle demonstrated by each example; 3.) Organizing this knowledge into an accessible DfE tool (matrices); and 4.) Developing a methodology for using the tool. The combination of the tool and methodology is named ENVRIZ, a merge of environment and TRIZ. After ENVRIZ was complete, an effectiveness study was completed to understand whether the new tool provided better solutions than TRIZ. Results of the study support that utilizing specific product examples from ENVRIZ provides better solutions compared to utilizing engineering principles from either ENVRIZ and TRIZ. Although the use of the tool on its own does not guarantee a reduction in a product's overall sustainability, the ENVRIZ methodology provides design engineers with a useful conceptual design tool to help overcome contradictions between improving product functionality and reducing environmental impact. Moreover, despite the limited number of examples identified to date, this research provides a framework and prototype that can be extended to incorporate new solutions to these contradictions

Thoughts on the Ethical Culture of a Prosecutor\u27s Office

I am truly honored to be asked to speak at this event, particularly an event held in honor of Norm Maleng. I want to talk about maintaining an ethical culture in a prosecutor’s office and give you a perspective on the things that have struck me after being an Assistant U.S. Attorney for about thirteen years—approaching seven years this fall as a U.S. Attorney, so about twenty years as a prosecutor. Some of the things I will say are obvious but worth repeating because we have to bear them in mind. Some are slightly subtle but worth pointing out. I want to talk about prosecutorial ethics in general, and also explain the importance of an ethical culture in a prosecutor’s office and discuss why we focus on the culture rather than the individuals. It is not a topic we discuss often, which is remarkable if you consider the impact of what goes on in prosecutor’s offices

Demand for hospital emergency departments: a conceptual understanding

BACKGROUND: Emergency departments (EDs) are critical to the management of acute illness and injury, and the provision of health system access. However, EDs have become increasingly congested due to increased demand, increased complexity of care and blocked access to ongoing care (access block). Congestion has clinical and organisational implications. This paper aims to describe the factors that appear to infl uence demand for ED services, and their interrelationships as the basis for further research into the role of private hospital EDs. DATA SOURCES: Multiple databases (PubMed, ProQuest, Academic Search Elite and Science Direct) and relevant journals were searched using terms related to EDs and emergency health needs. Literature pertaining to emergency department utilisation worldwide was identified, and articles selected for further examination on the basis of their relevance and significance to ED demand. RESULTS: Factors influencing ED demand can be categorized into those describing the health needs of the patients, those predisposing a patient to seeking help, and those relating to policy factors such as provision of services and insurance status. This paper describes the factors influencing ED presentations, and proposes a novel conceptual map of their interrelationship. CONCLUSION: This review has explored the factors contributing to the growing demand for ED care, the influence these factors have on ED demand, and their interrelationships depicted in the conceptual model