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	<title>Mirror of Justice &#187; Administrative Law</title>
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	<description>All about Law and More</description>
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		<title>Business Rehabilitation and Bankruptcy Law in Thailand</title>
		<link>http://www.mirrorofjustice.com/business-rehabilitation-and-bankruptcy-law-in-thailand.html</link>
		<comments>http://www.mirrorofjustice.com/business-rehabilitation-and-bankruptcy-law-in-thailand.html#comments</comments>
		<pubDate>Sun, 19 Jul 2009 15:38:01 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[Bangkok]]></category>
		<category><![CDATA[BSA Law]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Law Firm]]></category>
		<category><![CDATA[Laws]]></category>
		<category><![CDATA[Lawyer]]></category>
		<category><![CDATA[Legal]]></category>
		<category><![CDATA[Services]]></category>
		<category><![CDATA[Thai]]></category>
		<category><![CDATA[Thailand]]></category>
		<category><![CDATA[Visa]]></category>

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		<description><![CDATA[In Thailand, Bankruptcy Laws form part of the Commercial Law. Thai bankruptcy law is devised in such a way not only to help debtors to distribute their property but also to help them in rehabilitating via several reorganization provisions.
In other words, the Bankruptcy Law includes the Bankruptcy Act for Business Rehabilitation. The Business Rehabilitation Law [...]]]></description>
			<content:encoded><![CDATA[<p>In Thailand, Bankruptcy Laws form part of the Commercial Law. Thai bankruptcy law is devised in such a way not only to help debtors to distribute their property but also to help them in rehabilitating via several reorganization provisions.<br />
In other words, the Bankruptcy Law includes the Bankruptcy Act for Business Rehabilitation. The Business Rehabilitation Law was introduced in 1999 as Chapter 90 of the Thai Bankruptcy Law BE 2483. The main purpose of the Business Rehabilitation law is to assist a debtor facing liquidity problem by giving him an opportunity for rehabilitation before being insolvent.<br />
The procedures in connection with rehabilitation are usually commenced by an eligible petitioner by filing a petition with a provincial or a civil court as per the domicile of the debtor. However, petition for business rehabilitation could be filed only if the debtor&#8217;s overall debt comes to an amount that exceed Baht ten million. Likewise, In order to file a petition for business rehabilitation, certain legal and perquisites must be complied with such as:<br />
-	The names and addresses of creditors must be specified to whom the debtor owes in total at least an amount of Baht ten million<br />
-	Specify reasonable methods in order to rehabilitate business functions<br />
-	Proposed planner&#8217;s name as well as qualification<br />
-	Planner&#8217;s consent<br />
-	In case the petitioner is debtor, then details regarding assets and liabilities must be given<br />
-	Consent of authorities which is applicable as mentioned below :<br />
1.In case the debtor is commercial bank or finance company, then the consent of the Bank of Thailand<br />
2.In case the debtor is a securities company, then the consent of the Office of the Securities and Exchange Commission<br />
3.In case the debtor is a file insurance company or a casualty insurance company, then the consent must be of the Insurance Department<br />
On filing the petition as per the above grounds, the liquidator will start the case once when he confirms and proves that the debtor&#8217;s assets could not pay off liabilities. The court&#8217;s concern with regard to the business rehabilitation is mostly on the basis of debtor&#8217;s balance sheet as well as accounting documents and liquidator&#8217;s power of arguments. Discussed further in detail in this article are procedures with regard to business rehabilitation.<br />
According to the Article 90 of the Bankruptcy Act, once the petition for business rehabilitation is accepted, a planner is appointed, who in turn possesses duties and powers to manage the debtor&#8217;s business as well as assets. In case, a planner is appointed, then the debtor executive&#8217;s power in administering the business and assets would cease. In such a situation, until the appointment of a planner, the court will employ one or more persons or sometimes the debtor&#8217;s executive for a temporary period to deal with the debtor&#8217;s business and assets under the administration of the receiver.<br />
During this interim period, the receiver has complete right to administer interim executives and to order them to prepare explanation regarding the account details as well as anything pertaining to the management of business and assets. The interim executives would be relieved from the powers of receiver by the court when the receiver makes a motion.<br />
In such situations, the court would employ new provisional executive to presume the office. In case the court does not appoint interim executive, then according to the Section 90/20 of the Bankruptcy Act, the receiver would be given power for a temporary period to manage debtor&#8217;s business and assets. Likewise, according to the Section 90/21 of the Bankruptcy Act, until a planner is appointed, all of the rights of the debtor&#8217;s shareholders would be suspended except for in the case of right to obtain dividends.<br />
Once the acknowledgement order for business rehabilitation has been received, the debtor&#8217;s executive should handover everything from assets and seals to book keeping ledgers and documents pertaining to business, assets, and liabilities of the debtor to the provisional executive or the receiver.<br />
Nowadays, a number of leading law firms is in the scenario to provide excellent services in connection with business rehabilitation and bankruptcy. Many of them undertake a plethora of such services in connection with business reorganization as analysis as well as consultation with creditor or debtor, filing petition for business rehabilitation, plan administration, and planner representation. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on <a href="http://www.bsalaw.co.th" rel="nofollow">providing reliable legal advice and services to the Thai and foreign business community in Thailand</a>. We provide international standards of legal services while retaining the customs of the Thai business culture.</div>
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		<title>Discover your Career Opportunities With a Law Degree</title>
		<link>http://www.mirrorofjustice.com/discover-your-career-opportunities-with-a-law-degree.html</link>
		<comments>http://www.mirrorofjustice.com/discover-your-career-opportunities-with-a-law-degree.html#comments</comments>
		<pubDate>Sat, 18 Jul 2009 21:37:54 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[Bba]]></category>
		<category><![CDATA[Law Degree]]></category>
		<category><![CDATA[Mba]]></category>
		<category><![CDATA[online law degree]]></category>
		<category><![CDATA[Online Paralegal Degree]]></category>
		<category><![CDATA[Online School]]></category>
		<category><![CDATA[Online University]]></category>

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		<description><![CDATA[&#8220;I like to pursue a law degree, but I hate to become a lawyer. What else can I do with my law degree besides being a lawyer?&#8221; You may be frustrating with this question in deciding to take up a law degree program because you worry that the law degree can&#8217;t help you to find [...]]]></description>
			<content:encoded><![CDATA[<p>&#8220;I like to pursue a law degree, but I hate to become a lawyer. What else can I do with my law degree besides being a lawyer?&#8221; You may be frustrating with this question in deciding to take up a law degree program because you worry that the law degree can&#8217;t help you to find a career after graduation. Most often people with a law degree pursue careers as lawyers, but you are not limited to this career with a law degree. Law degree students find many career opportunities in other fields such as banks, real estates and factories and they also manage restaurants and hotels, and work as university&#8217;s administrator. This article will help you discover some of career opportunities with a law degree.</p>
<p>1. Legal Consultant</p>
<p>Do you know that many large organizations such as Intel Technology Corporation, the giant manufacturer for CPU and chipset have a legal department in the company? Corporations have a variety of problems that require them to have an attorney or a team of attorneys on staff. They provide legal consultancy to the company on labor negotiations, tax law, investment, public releases, product manuals, public announcement notes, public release news and other legal related activities. You can start you career as a legal consultant to a corporate with your law degree. If you want to involve in business field with a law degree, then, you should choose a law degree that consists of courses in management or business administration besides the major law&#8217;s courses.</p>
<p>2. Evidence Law Consultant</p>
<p>If you have knowledge or have working in medical genetic field, then a law degree could provides a great help in your career. You could work as an evidence law consultant in courtroom, when a jury is presented with DNA evidence, your legal expertise is needed to help those member in the jury in solving many legal questions.</p>
<p>3. Wills &amp; Trusts Writer</p>
<p>Many people have started to realize the important of having a will &amp; trust in their estate planning. It&#8217;s a booming field as the market is exploring and it creates a good career opportunity for those students who are taking a law degree that major in this area. Today, a will is no long just a piece of paper with directives from a decreased individual. A living will has gained it popularity in today society. Such new and emerging market needs have created new career opportunity for the law degree students.</p>
<p>4. IP Consultant</p>
<p>Since the mergence of Internet has given rise to the need for experts related to the intellectual property (IP). If you are earning a law degree that major in Intellectual Property Law, you may start your career as an IP consultant. Software companies and companies with new products &amp; technologies development will need your service to protect their IP right and resolve any copyright issue.</p>
<p>In Summary</p>
<p>Although most law degree students are having their careers with a law related job, but their workplaces are not limited to legal firm. Many businesses and companies require law expertise or legal consultant on staff. Hence, with the unlimited career opportunities available for law degree students, you do not need to worry about your future. Go ahead to pursue your preference law degree as your career opportunities are waiting for you. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">Amelia Turner, an educational article writer for <a href="http://www.your-online-degree.info" rel="nofollow">http://www.your-online-degree.info</a>. You can find more details information and free resources about <a href="http://www.your-online-degree.info/Legal-Degrees.php" rel="nofollow">online law degrees</a>, <a href="http://www.your-online-degree.info/Ashford-University.php" rel="nofollow">online universities</a>, financial aids and other online degree information.</div>
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		<title>Health Insurance Benefit Laws</title>
		<link>http://www.mirrorofjustice.com/health-insurance-benefit-laws.html</link>
		<comments>http://www.mirrorofjustice.com/health-insurance-benefit-laws.html#comments</comments>
		<pubDate>Sat, 18 Jul 2009 09:37:58 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[Comparing Health Insurance Quotes]]></category>
		<category><![CDATA[Employee Benefits Security Administration]]></category>
		<category><![CDATA[Employer-based Health Insurance]]></category>
		<category><![CDATA[Group Health Insuranc]]></category>
		<category><![CDATA[Health Insurance]]></category>
		<category><![CDATA[Health Insurance Benefit Laws]]></category>
		<category><![CDATA[Health Insurance Benefits]]></category>
		<category><![CDATA[Health Insurance Laws]]></category>
		<category><![CDATA[Health Insurance Plans]]></category>

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		<description><![CDATA[Once you&#8217;re done comparing health insurance quotes and plans and you&#8217;ve settled on employer-based health insurance, it&#8217;s good to keep in mind the Department of Labor&#8217;s Employee Benefits Security Administration (EBSA) administers a number of laws that cover these health insurance plans. 
Here is a list of some of the laws affecting health insurance : [...]]]></description>
			<content:encoded><![CDATA[<p>Once you&#8217;re done comparing health insurance quotes and plans and you&#8217;ve settled on employer-based health insurance, it&#8217;s good to keep in mind the Department of Labor&#8217;s Employee Benefits Security Administration (EBSA) administers a number of laws that cover these health insurance plans. </p>
<p>Here is a list of some of the laws affecting health insurance : </p>
<p>1) The Employee Retirement Income Security Act &#8211; This law protects people in retirement, health and other benefit plans through private employers by providing rights to information and a grievance and appeals process for private employer health insurance participants. </p>
<p>2) The Consolidated Omnibus Budget Reconciliation Act &#8211; This law only applies to special instances, but if you qualify as a former employee, retiree, spouse or dependent child you can purchase a temporary continuation of health insurance at group rates. </p>
<p>3) The Health Insurance Portability and Accountability Act &#8211; This law applies to working Americans and families with preexisting medical conditions. Through this act there is a guarantee of individual health insurance policies for eligible people and it prohibits discrimination in health care coverage. </p>
<p>4) The Newborns&#8217; and Mothers&#8217; Health Protection Act &#8211; Just as it sounds, this law offers rules on minimum health insurance coverage on how long the mother and child can stay in the hospital after childbirth. </p>
<p>5) Mental Health Parity Act &#8211; This law ensures mental health is given as much emphasis as physical health by requiring annual, or lifetime, limits on mental health benefits to be no lower than limits for medical and surgical benefits provided by a group health insurance plan. </p>
<p>6) Women&#8217;s Health and Cancer Rights Act &#8211; Breast cancer is a frightening diagnosis and treatment runs a wide range of intensity and invasiveness. This law protects breast cancer patients who want to have a breast reconstruction after a mastectomy. When you are part of an employer &#8211; based health insurance plan the Department of Labor’s Employee Benefits Security Administration is a great source of information on subjects such as your rights to information on how your plan works, how to quality benefits available in your plan and how to make claims on your health insurance plan.Remember EBSA administers these laws that help protect your health insurance when you lose coverage, change jobs or if you suffer from certain special medical conditions. Also remember when choosing employer-based plans to carefully compare your health insurance options to make sure your plan works best for you and your family&#8217;s medical needs.Find out more about EBSA on the web at -www.dol.gov/ebsa. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">The Best Site To Get FREE Multiple Competing Insurance Quotes For Auto, Home, Life, Health, And Renters Insurance. Provides Insurance Quotes Comparison Facilities Like Auto Insurance Comparison, Home Insurance Comparison, Life Insurance Comparison, Health Insurance Comparison, Renters Insurance Comparison &#8211; <a href="http://www.wecompareinsurance.com" rel="nofollow">www.wecompareinsurance.com</a></div>
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		<title>Province of International Laws Determined</title>
		<link>http://www.mirrorofjustice.com/province-of-international-laws-determined.html</link>
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		<pubDate>Thu, 16 Jul 2009 15:38:08 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[International Laws And The United Nations]]></category>

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		<description><![CDATA[The international laws in the current aspects as viewed by most of the jurists round the globe are the laws that govern the relations of the nations with each other and the control over the individualism and freedom of these democratic as well as otherwise nations. the international laws are thought to be the governing [...]]]></description>
			<content:encoded><![CDATA[<p>The international laws in the current aspects as viewed by most of the jurists round the globe are the laws that govern the relations of the nations with each other and the control over the individualism and freedom of these democratic as well as otherwise nations. the international laws are thought to be the governing machineries of the contemporary scenario in which the accountability of the nations for the most inhumane crimes being done by them are brought to the court. in the various books that talk of &#8220;taking the state to court&#8221; and the &#8220;mobilization&#8221; standards of the present F1 generations are being expressly interviewed. These scholar works tend to connote that the international laws are the tools that can limit the future dangers of the international insecurity and other problems of colonization etc.  faced by most of the nations of the world. These nations are threatened by the superpowers for being forced to remove their ruling strategy. The United Nations has done several peacekeeping operations and has set various organizations that intend to store the peace and spirit of coordination and cooperation in the world. The theories of the international laws that are found to be dealing with the origin and the gradual development of the international laws have been asked a lot of questions as the race for hegemony is on the peak. Growing problems of racism and international terrorism are the new challenges being faced by the international laws today. This article presents various such aspects and put the suggestions for their solutions under one umbrella. The first question before everyone is this that &#8220;what are the international laws and what purpose do they serve for humanity and international peace?&#8221; This is the most critical question that corresponds to the enforcement of international and the limits of the international courts of justice being determined. We know that the function of the national laws is to regulate the behavior of the individuals but when we intend to talk of the international laws, the shoes of individuals are wore by the states. What if the international laws are the vanishing point of the world? It is well known to the students of the international laws that the primary function of the international law is to regulate the conduct of the states while on the other hand the national laws intend to regulate the conduct of the individuals. If we examine the contours on which the body of international law is explained we could easily derive the conclusion that most of the allegations that are imposed upon the rule of international laws are concerning their applicability or jurisdiction in one way or the other. Thus the international laws are to be made more binding and the forces that provide sanctioning power to such laws are to be extending to ensure the desired obedience. The identity of the international laws another such aspect that is necessary to limit the province of international laws. The state and non-sate actors are also the key aspects that correspond to the applicability of the international laws. We here mean the kinds of acts performed by the international superpowers and other small newly independent states. In various cases of hegemonic expansion and colonialism, it could be traced that the war-crimes and crimes against humanity are recorded. </p>
<p>02. TAKING THE STATE TO THE COURT </p>
<p>In the contemporary growth of the international law, the growing awareness among the people of the various countries has led to the introduction of the concept of public interest litigation which has increased and widened the opportunities that even the states could be brought under the jurisdiction of the courts. In a study by the German philosopher &#8220;Hans Dembowski&#8221;, it has been concluded that the growing political unfairness and other political reasoning have led to the introduction of Judicial Activism which has led to the growth of the power and abilities accompanied with the authoritativeness of the judiciary. International laws deal with the sociology of governance and in this respect connote to the division of power between the administrative and judicial branches of the government and their interaction with society as a whole in the particular cases that have been studied. The ongoing, excited media debate about the public interest litigation and judicial activism makes this evident. This function has typical stand point in certain countries of the world. The international arena on which various countries are brought on the same standard in the international court are is seemingly an attempt to ensure fairness and security in the international contour. Let us have a look over the two important aspects that have been the focus of study in the international society. </p>
<p>[A]. State Sovereignty </p>
<p>Sovereignty, for the past several centuries, has been the foundation of interstate relations and the world order. The concept- defined as the independent and unfettered power of a state in its jurisdiction-lies at the heart of the customary international law and the UN charter. It remains both an essential component of the maintenance of international peace and security and a defense for weak states against the strong. At the same time, the concept has never been as inviolable, either in law or in practice, as a formal legal definition might imply. In his 1992 An agenda for peace, UN secretary general Boutros Boutros-Ghali pronounced that the theory of sovereignty never matched the reality. In exploring why the westphalian sovereignty is continuously ignored or violated, Stephen Kraser has noted straightforwardly that &#8220;organized hypocrisy is the normal state of affairs. Sovereignty has routinely been violated by the powerful. In today’s globalizing world, it is generally recognized that cultural, economic influences neither respect borders nor require entry visas in both powerful and the powerless countries. The concept of state sovereignty is well envisaged in the legal and the political discourse, but territorial boundaries have come under the stress. Not only technology but also communications have made the boundaries permeable, but the political dimensions of the internal disorder and suffering often can result in wider international disorder. The initial purpose of this discussion is to set out the scope and significance of state sovereignty as a foundation on which to explore the contemporary debates about intervention. The literature on this subject is vast and contentious. As one legal analyst accurately summarizes: </p>
<p>Few subjects in the international law and international relations are as sensitive as the notion of sovereignty. Steinberger refers to it in the Encyclopedia of Public International Law as &#8220;the most glittering and controversial notion in the history, doctrine and the practice of the international law.&#8221; On the other hand, Henkin seeks to banish it from our vocabulary and others call it &#8221; a word that has emotive quality lacking meaningful specific content&#8221;. There is little neutral ground when it comes to sovereignty. </p>
<p>Critical Issues </p>
<p>Instead of the heavy recommendations on the maintenance and enforcement of sovereignty among the states, this constitutional aspect of every nation is subject to limitation in the statements of the United Nations which have dealt heavily upon the matters concerning the world peace and a definite civil order in the international community. These limitations are as described under:- </p>
<p>Firstly, the charter of the United Nations contains collective international obligations for the maintenance of international peace and security. According to Chapter VII, sovereignty is not a barrier to Security Council action in response to &#8221; a threat to peace, a breach of the peace or an act of aggression.&#8221; </p>
<p>Secondly, sovereignty may be limited by customary international law and treaties. States are responsible for their international obligations, and therefore sovereignty cannot be an excuse for not performing the duties to which they have agreed sovereignty thus carries with it responsibilities to protect the persons and property, as well as to regulate political and economic affairs. Sovereignty cannot shield internal violations of Human rights that contradict the international obligations. It has been evident in the pages of history that in a no of cases, the Security Council endorsed the use of military force for the protection of the populations in the states which were caught in the throes of war. </p>
<p>[B.] Changes And Continuity In The International System </p>
<p>Limits to the sovereignty are widely accepted-its erosion by economic, cultural and environmental factors, for example, or by customary law and voluntarily agreed treaty obligations. But Annan’s assertion of popular sovereignty was a far more radical challenge. It joined three other threats to traditional notions of state sovereignty that arose in the 1990s and are relevant for our consideration of humanitarian intervention: the right of self-determination, a broadband conception of international peace and security; and the collapse of state authority. In spite of significant change, the international system reflects substantial continuities: in centrality of state decision making and the lack of any changes overriding central authority. But situating the nature of changes and continuities is the task of political analysis and judgment. However, after the end of the cold war, these situations changed to a great extent. Firstly, the soviet union became a superpower in which Russia led the legal status of USSR, including a permanent seat on the Security Council, but 14 other states were created by the implosion of the former soviet union. Shortly, thereafter, Yugoslavia broke up into six independent states, with Serbia and Montenegro later forming the republic of Yugoslavia. Contemporary politics in developing countries is conditioned by the legacy of colonialism. The second challenge is that the broadening interpretation of threats to international peace and security, the charter’s only enshrined license to override the principle of noninterference. The third challenge was to the traditional interpretations of the sovereignty has arisen because of the incapacity of some states to exercise effective authority over their authorities and populations, a topic that is dealt extensively by the international community. For these states sovereignty is a legal fiction which never matches to reality. The political vacuum leads to the nonstate actors taking matters into their own hands and is usually accompanied by the forced displacement of the people. The United Nations confronts the same constraints today as the diplomats and politicians have since time immemorial, and certainly since the beginning of the modern efforts at the multilateral cooperation in the 19th century.  </p>
<p>[C.] The International Court of Justice (ICJ):- </p>
<p>The international court of justice even though working for the enforcement of the principles behind the objective of maintenance of peace among the states of the world have been posed by various questions that are the critical areas of thought that concern the epistemology behind the working of the international courts. The states which are prosecuted in the court suffer from various discriminations and differentiations. The trials that are governed or were carried out at Nuremberg etc. follow the traditional principles i.e. TRC Act, 1995. This method has been given the name &#8220;Victor’s Justice&#8221;. The victor prosecuting the accused in his own sort of understanding and reasoning is clearly presenting the breaking of the basic norm of the law that &#8220;nobody could be a judge in his cause&#8221;. This method of trial was applied in the Saddam’s trial when USA attacked it after it had the security threats from Iraq that it possessed nuclear weapons of mass destruction. The differentiation and the discrimination which has been done against Saddam have been, clearly witnessed by the world that dreams of making a new world order that involves the concept of Justice. The influence of Gandhian thought is clearly visible in the TRC Act. The basic problem is that most of the overwhelming systems of justice of the contemporary world are penal, and having very less imports of the impressions of peace. There the troublesome atmosphere prevails in the international level. It imposes stress upon the mind that what does the phrase &#8220;Taking the state to court&#8221; means. The solution is thus provided: </p>
<p>01. </p>
<p>02. </p>
<p>03. </p>
<p>04. </p>
<p>05. </p>
<p>03. DEMOCRACY AND INTERNATIONAL SOCIETY </p>
<p>Democracy as a norm and the promotion of democracy as an activity has become far more deeply embedded within international society in various ways. In the first place, there has been an enormous expansion in the involvement of the UN and regional organization in elections. Electoral assistance has become an established part of UN activities and has also led to development of a broad transnational and trans-governmental network of electoral assistance, party support, and monitoring.second, external actors have routinely become involved in democracy promotion as a result of the expansion in the number and scope of peacekeeping operations, whose multi dimensional character came in many places to include human rights and democracy as well as demilitarization, refugee protection and state-building. In the cases of direct international administration of territory, the assumption of the sovereign power involved both transitional administration and also democratic regime-building. Third, democratic membership criteria have been established in two regions, and, in the case of Europe, democracy, human rights, and minority rights have all played a central part of the process of EU enlargement, the conditionality policies of the EU, and its extensive programme of member-state building. Finally, an increasing body of academic writing has opened up the idea of a legal right to democratic governance. The normative expansion of the international society to include democracy was also driven by political factors. Although there were references to ‘democratic’ rights in UN Declaration, the conditions of the cold war meant that formal incorporation of political democracy into the human rights system was politically impossible. This changed as a result of the wave of transitions from authoritarian rule in Southern Europe and the developing world in the late 1970s and 1980s; and the fall of communism in Eastern Europe and the Soviet Union; by the liberal self-confidence that followed the ending of cold war and the belief that liberal democracy and free markets were sweeping the world; and the consolidation of the place of democracy in US foreign policy. Two broader shifts need to be highlighted, both of which link academic analysis and political perceptions. The first concerns the progress of democratic change and the possibilities of democratization. During the cold war, Western governments were suspicious that the political change would be destabilizing, bringing to power either those who would ally themselves with the Soviet Union or who would challenge western economic interests. Democratization then carried with it some counter-hegemonic potential. It is also widely held in Western capitals and amongst the private sector that authoritarian governments were most suited to promoting economic development. Many academicians argued that, in any case, democracy required a wide range of ‘prerequisites’ that were lacking in many postcolonial societies. The wave of transition that began in Southern Europe and Latin America in the late 1970s ushered in a striking reassessment: democratization becomes the norm rather than the exception; the exception is of generally forward movement; and the democratization appears to be easier and less problematic than had been previously believed. A post-cold war world meant that unstable and potentially oppositional regimes could no longer look to the Soviet Union. And a globalized world meant that economic nationalism was no longer and option. The trade-offs between uncertain democratization, security interests, and economic preferences were apparently easing and a strong sense of difficulties of democracy gave way to an increased sense of ‘possiblism’. The conversion by the mid 1980s of US foreign policy was retold through a different lens that stressed the country’s historic mission to extend and promote democracy. The other important shift in thinking reflected the allegedly proven link between democracy and peace. Democratic peace theory builds on long tradition writing on international relations, often associated with Kant. However, it only formed one part of Kant’s political thought and had already become a liberal commonplace by the end of the 18th century. Other precursors of modern DPT include Karl Deutsch’s writing in the 1950s on security communities- groups of states in which there is real assurance that the members of that community will not fight each other physically but will settle their disputes in some other way. Overlooked or neglected by many studies of war causation, it became a major theme both of academic writing on international relations and of political and public debate on the nature of the post-cold war international order. Theorists argue that two sets of casual factors are important in explaining the democratic peace. In the first place, the structural constraints of democratic institutions and of democratic politics make it difficult or even impossible for war-prone leaders to drag their states into wars. They also stress the joint effect of these democratic constraints, together with the greater openness and transparency of liberal democracies. If both sides are governed by cautious, cost-sensitive politicians that only use force defensively, then conflict is far less likely to occur. Second, democratic peace theorists highlight the importance of normative mechanisms. Liberal and democratic norms include shared understandings of appropriate behavior, stabilize expectations of the future, and are embedded in both institutions and political culture. Rule-governed change is a basic principle; the use of coercive force outside the structure of rules is prescribed; and trust and reciprocity, rule of law are at the heart of democratic politics. From this view, then, the democratic peace is produced by the way in which democracies externalize their domestic political norms of tolerance and compromise into their foreign relations, thus making war with others like them unlikely. The democratic peace hypothesis rests on two claims: (a) that democracies almost never fight each other and very rarely consider the use of force in their mutual relations and (b) that other types of relations are much more conflictual including democracies’ interactions with non-democracies. The claim is almost always made in probabilistic terms. Few claim that it is a deterministic law. It is not a general theory since it is agnostic or at least much less certain about the relationship between democracies and non-democracies. But it provides some grounds for liberal optimism, even if only within the democratic zone. If true, it holds out the possibility that the homogenization of domestic political systems could transform global political order- in marked contrast both to traditional realist accounts of world politics and pluralistic accounts of international society. The main debates surrounding the democratic peace and the main issues raised by critics and skeptics include: (a) the reliability of the statistical evidence for the democratic peace, especially in the pre 1945 period; (b) the existence of alternative casual logics, especially in explaining regional clusters of peaceful states as in Europe or the Americas; (c) the difficulties of defining key terms in the theory, especially war and democracy; (d) and the problems raised by democratization processes and the evidence that, whilst fully consolidated democracies could be peaceful, democratizing states, specially in unstable areas, may be more conflict-prone than authoritarian regimes. Here are certain important issues noted from the speech (annual report) by the UN secretary general which was delivered in the General Assembly in 2007:&#8211; </p>
<p>01. </p>
<p>02. </p>
<p>03. </p>
<p>04. </p>
<p>05. </p>
<p>06. </p>
<p>07. </p>
<p>Review:-<br />
01. The situation in Iraq</p>
<p>01. The situation in Iraq </p>
<p>[A.] The global order:- </p>
<p>[A.] The global order:- </p>
<p>01. The situation in Iraq </p>
<p>02. Concerns about Asia </p>
<p>03. Northern Uganda </p>
<p>04. Myanmar and Fiji </p>
<p>[B.] On Peace-keeping attempts of the UN </p>
<p>01. </p>
<p>02. </p>
<p>03. </p>
<p>04. </p>
<p>  </p>
<p>[C.] THE RULE OF LAW:- </p>
<p>  </p>
<p>The rule of law is a fundamental principle on which the United Nations was established. The United Nations goal continues to be a community of nations operating according to rules that promote human rights, human dignity and the settlement of the international disputes through peaceful means. International criminal justice, a concept based on the premise that the achievement of justice provides a firmer foundation for lasting peace, has become a defining aspect of the work of the organization. The international tribunals for Yugoslavia and Rwanda continued to conduct the trials of those accused of war crimes, crimes against humanity and other war crimes. The extraordinary courts charged the defendant for the crimes against humanity and placed him in detention. The courts for Sierra Leone commenced the trials of Charles Taylor and rendered two historic judgments that convicted five defendants for war crimes. In March, the Security Council requested UN to negotiate with the government of Lebanon an agreement aimed at establishing a tribunal to bring justice those accused of the attack that killed the former prime minister of Lebanon, Rafiq Hariri. The Security Council took resolution on 30 May, 2007 for establishment of special tribunal in Lebanon.in order to better the coordinate working of these institutions, at the end of 2006, the report entitled ‘Uniting our strengths: enhancing the United Nations support for the rule of law’ announced the establishment of a rule of law coordination and resource group. The group consists of major rule of law assistance providers in the UN system, who met to ensure that programmes are carried out in a coherent manner and are of high quality commensurate with the need of those requesting the support. </p>
<p>04. PURSUIT OF JUSTICE:- </p>
<p>One of the attractions of an old fashioned state-based pluralism and of a very thin view of international society was precisely that it appeared to offer a way of dealing with diversity and disagreement. If the diversity and the value are such important features of international life, then we should seek to organize global politics in such a way as to give groups scope of the for the collective self-government and cultural autonomy in their own affairs and to reduce the degree to which they will clash over how the world should be ordered. Equally, if the dangers of predation by the powerful are deep-rooted, even if not structurally determined, then we should continue to place a heavy emphasis on sovereignty and on the balance of power. In addition, the skeptical pluralist is attracted to the idea that it might also be possible to develop a cross-cultural consensus over the minimal rules around which a such a limited international society might be built. Hence the attraction to the international society writers of Hart’s notion of a minimum content of natural law built around Hobbesian assumptions. Hence, too null’s emphasis on the ‘elementary conditions of social life’, his attempt to isolate the elementary primary, and universal goals of the society of states; and his analytical effort to link these goals to the historical institutions of the international society. Negotiating the terms of cooperation is certainly a quintessentially political exercise. But it is also an inherently normative one both because acting in the world requires that we think about morally desirable change and because moral debate forms one part of how that political exercise will unfold. As noted in many places in this book, debates on global justice within the political theory and political philosophy have increased enormously in scope and sophistication. There is an increasingly rich array of potential answers to the problems of global political theory, including those related to just war, to humanitarian intervention, distributive justice, and to global democracy. The fragility of global political order makes it unconvincing to see this challenge as a second-order issue of moral methodology. </p>
<p>[I.] Institutional Authority:- </p>
<p>There are three major reasons why institutions are so important: as a means of helping to secure the framework for mutually intelligible moral debate; as a way of securing the stable implementation of shared rules; and in terms of the potential for the progressive development of a global moral community. In the first place, if we are looking for cross-cultural universals, a good case can be made for starting with process and with near-universality of ideas about fairness of process: hearing the other side, providing arguments for one’s actions, finding some mechanism for adjudicating between conflicting moral claims. All stable societies have to find some agreed process and procedure by which more moral conflicts can be adjudicated and managed, if not resolved. Within world politics the challenge is more daunting, given the diversity and divisiveness of sentiments, attachments, languages, cultures and ways of living, combined with massive inequalities of power, wealth, and capacity. Stuart Hampshire has suggested that there is an irreducible minimum to notions of just process. Second, institutions are also necessary because rules have to be applied. The cry of the liberal solidarist or the cosmopolitan moralist is that we need new rules to meet new circumstances. Terrorism requires that international society rethink rules relating to self-defence and the use of force. The degree to which international society is affected morally and practically by the humanitarian catastrophe means that we need new rules on humanitarian intervention. There are good arguments in favour of both these propositions. But it is a myth that, for example, a new rule on humanitarian intervention would obviate the need for the institutions and institutional debate. Even if the rule is agreed and even if the background criteria for evaluation are agreed, all rules have to be interpreted and applied. The new rule of humanitarian intervention will not avoid the need for that rule to be applied to the circumstances of a new case. On the one side, this inevitability raises the fundamental political issue: who is the body that has the authority to interpret and to apply the rule? There have been certain proximities that have been put-forth by Dallymayr. On the other side, we are faced by problems intrinsic to the idea of interpretation and application. Thus cultural and historical complexity makes it difficult to read off judgments in particular cases from general or universal moral laws and there is good reason for supposing that a great deal o the debate over values and ethics in the twenty-first century will necessarily have to be context-rich and interpretative. At one level, this might simply mean that universal principles need to show sensitivity to local context. But the challenge is deeper. Thus Tully follows criticizing in those who demonstrate a contemptuous attitude to the particular case. In terms of institutionalizing global order such a position lends support to a form of practical reasoning that is constantly navigating between the general rule, whether legal or moral, and it’s always contestable application to the facts and circumstances of a particular case. Third, institutions matter because of their potential for self-reinforcing dynamic. Once created, institutions act as platforms for the ongoing normative debates, or the mobilization of concern and for debating and revising ideas about how the international society should be organized. However much social scientists insist on analyzing international institutions solely in terms of the provision of international public goods, normative issues cannot be kept out of the picture. In addition, there is an inherent tendency for all normative systems to expand and develop, and to enmesh actors within certain patterns of discourse, reasoning, and argumentation. Finally, as we have seen, there are good reasons for believing that international institutions have acted as powerful agents for the diffusion and socialization of norms. Assessing the very mixed empirical record of actually existing institutions can have important implications for our views of global justice. Thomas Nagel, for example, has developed a political conception of global justice. Drawing on Hobbesian traditions, he argues that justice arises amongst those jointly subject to coercive authority. His assessment of where international institutions and global governance are ‘for the moment’ is that they fail to meet a crucial test, namely, they are not collectively enacted and coercively imposed in the name of all the individuals whose lives they affect. Yet this view of justice places too much weight on the difference between coercive and non-coercive situations; and, more importantly, underplays the extent of the changes that have in fact taken place in the density of international institutions, in the extent to which they do in tact exercise power and can be said to be co-authored, and in the relationship of both states and individuals to those institutions.others who either deny the possibility of international distributive justice or see it only in highly constrained forms also place great emphasis on the absence or weakness of international institutions or other cooperative arrangements. Thus, society’s main political, social and economic institutions and how they fit into one unified system of social co-operation’ determine the basic structure and govern ‘the initial focus’ of how to think about the matters of justice. But the emphasis here should be on ‘initial’ since Rawls also recognizes the possibility of reinforcing change. When writing about the domestic society, there is a strong sense that the institutions play a central role in moving from self-interested cooperation towards full overlapping consensus. They have important socializing influences on the citizens and Rawls presents a psychological account of how people come to accept and internalize principles of justice. Equally- when looking at international life- change, evolution, and learning are self recognized. ‘The idea of a reasonably just society of well-ordered peoples will not have an important place in a theory of international politics until such peoples exist and have learned to coordinate their actions in wider forms of political, economic and social cooperation. A global moral community in which claims about justice can secure both authority and can be genuinely accessible to a broad swathe of humanity will be one that is built around some minimal notion of just process, that prioritizes institutions that embed procedural fairness, and that cultivates the shared political culture and the habits of argumentation and deliberation on which such institutions necessarily depend. As Judith Shklar puts it; ‘procedural justice is not merely a formal ritual, as is often charged. It is a system that in principle gives everyone some access to the agencies of rectification and, more significantly, the possibility of expressing a sense of injustice to some effect, at least occasionally. It is important here to avoid too sharp distinction between a consent-based view of international legal legitimacy and a justice based view. Procedural legitimacy is not simply about state consent. On the one hand, consent itself may be moderated and mediated by the complexities of legal process, even without disappearing entirely from the international legal order. On the other hand, there are other important values located within the processes of international law. This may be understood in terms of the old arguments about the ‘inner morality’ of law and the rule of law. Or it may involve principles of public law that can be employed to guide international and global law-making. Or, most generally, it may simply involve an insistence that the justification of a position or a case follows an articulated, discernible, and coherent pattern of legal argument that draws on analogies, precedents, and the principles that are compatible with already widely accepted values. Finally, law can be viewed as a sociologically embedded transnational cultural practice in which claims and counterclaims can be articulated and debated and from which norms can emerge that can have at least some determination and argumentative purchase. Law, then, can play a communicative and epistemic role, shaping the conditions within which claims, including justice claims can be made and debated. The modern day Grotian will be inclined to stress the ongoing, unstable and subtle interplay between the sources of law and legal process on the one hand and the content of the law and o legal rules on the other. </p>
<p>[II.] Political Agency:- </p>
<p>That we should on the institutions, on negotiation, and on dialogue and deliberation is hardly an original suggestion. Albeit with significant variation, many have been tempted to go down a broadly Habermasian road-stressing the extent to which the terms of a just global order cannot be based on coercion nor on whatever bargain states and societies happen to be able to strike with one another, but require instead critical reflexion, uncoerced agreement of rational agents via a shared process of deliberation and reasoned justification.there have also been important arguments in favour of creating global institutional frameworks which widen the boundaries of the dialogic community. Even after assuming the presence of the multiple voices, the location of a stable and shared moral vocabulary and some degree of institutional stability, one still needs to ask about the conditions of effective political agency. Within domestic society, Habermas is ambiguous as to how far the discourse principle requires changes merely in procedures of bargaining or changes to the underlying balance of bargaining power itself. But however, we might think about power within domestic society, the conditions of global society make it impossible to evade the issue of unequal bargaining power. The massive inequalities of power and condition; the continued occurrence of war and intervention and the continued willingness of major states to use military power as an instrument of state policy; the role of power in skewing the terms of the global capitalist economy and the close links that exist between globalization and inequality; and the deformity of many of the core institutions of international society-all these point towards the pressing need to consider the minimal political preconditions that might underpin a global moral community in which reasoned deliberation and uncoerced consensus could have begin to have been possible. Although political theorists are perhaps naturally tempted to argue from the ceiling down, the wholly different scale of inequalities that exist in the world politics should push us to think hard about the minimum preconditions for an acceptable international political process. At a minimum this might include: some acceptance of equality of status, respect, and consideration; some capacity for autonomous decision making on the basis of a reasonable information; a degree of uncoerced willingness to participate; a situation in which the most disadvantaged perceive themselves having some stake in the system; and some institutional processes by which the weak and disadvantaged are able to make their voice heard and to express claims about unjust treatment. Apart from concern with the suffering of the most disadvantaged, Rawls gives two very good reasons why we should be concerned with inequality: first, that a large gap between rich and poor ‘often leads to some citizens being stigmatized and treated as inferiors, and that is unjust’; and second, because of the ‘important role of fairness in the political processes of the basic structure of the society of peoples’. Yet, despite ample evidence that some peoples stigmatized and treated the inferiors and still more evidence of the massive unfairness of international political processes, Rawls draws only the feeblest of conclusions as to what needs to be changed globally in the interests of justice. We need to give far greater attention to the links between the political and moral cosmopolitan and to the possible principles of global political justice that might inform those links. A revalidation of process legitimacy and procedural justice is crucial for the development of a stable, effective, and legitimate international society and for the nurturing of meaningfully shared foundations for the discussion of global justice. In a very important sense, the ethical claims of international society rest on the contention that such a society continues to be the most stable set of globally institutionalized political processes by which norms and rules can be negotiated on the basis of dialogue and consent, rather than simply being imposed by the most powerful. There is very little reason for supposing that progress in the direction of moral accessibility, institutional stability, or more balanced and equitable forms of political agency is likely to be easy. It may not be possible at all. There are nevertheless good reasons for believing that it is a direction which continues to be of crucial importance. Understanding how the rope bridge may be spun across the canyon is central both to the chances of world order in the 21st century and to the promotion of greater global justice. </p>
<p>05. PROSECUTING THE INTERNATIONAL CRIMES:- </p>
<p>The threat of terrorism to international peace, security and development remains a pressing issue for the international community. The expansion of UN efforts on counter-terrorism has produced a unique tool, the UN global counter terrorism strategy adopted by the general assembly. The unanimous endorsement of this document marks an historic step, bringing together 192 member states to demonstrate their resolve and ability to defeat the scourge of terrorism. The strategy outlines a coordinated and comprehensive response to terrorism at national, regional and global levels, while ensuring the respect for human rights and the rule of law. It put forward a concrete plan of action to prevent and combat terrorism and to address grievances and underlying social, economic and political conditions conducive to the spread of terrorism. The strategy will have the greatest success if it is fully achieved. This goal can be achieved by strengthening the capacity of the member states and the UN system, and by seeking the involvement of the civil society and the private sector. The main responsibility for implementing the strategy falls on member states. Nevertheless, various secretariat departments, specialized agencies, and UN programmes and funds contribute to this important endeavor by assisting member states with their implementation efforts. </p>
<p>01. OF THE INTERNATIONAL LAWS IN GENERAL </p>
<p>02. TAKING THE STATE TO THE COURT </p>
<p>[A]. State Sovereignty </p>
<p>[B.] Changes And Continuity In The International System </p>
<p>[C.] The International Court of Justice (ICJ) </p>
<p>03. DEMOCRACY AND INTERNATIONAL SOCIETY </p>
<p>[A.] The global order </p>
<p>[B.] On Peace-keeping attempts of the UN </p>
<p>[C.] THE RULE OF LAW </p>
<p>04. PURSUIT OF JUSTICE </p>
<p>[A.] Institutional Authority </p>
<p>[B.] Political Agency </p>
<p>05. PROSECUTING THE INTERNATIONAL CRIMES:- </p>
<p>06. CONCLUSION </p>
<p>01. OF THE INTERNATIONAL LAWS IN GENERAL:- </p>
<p>  </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">i am a student of Dr. Ram Manohar Lohiya National Law University, Lucknow and i am the editor- in- chief of the ezine articles magazine of New York, USA and currently i am working as a research associate for the indian society for international law, New Delhi, a body of the government of India. i have published 11 articles and have submitted some papers for scrutny to the oxford universitty as well as to the yale law school.</div>
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		<title>Labor Law Posters, It&#8217;s the Law!</title>
		<link>http://www.mirrorofjustice.com/labor-law-posters-its-the-law-4.html</link>
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		<pubDate>Wed, 15 Jul 2009 21:38:06 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[California]]></category>
		<category><![CDATA[Compliance]]></category>
		<category><![CDATA[Eye]]></category>
		<category><![CDATA[Labor]]></category>
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		<category><![CDATA[Nevada]]></category>
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		<category><![CDATA[Osha]]></category>
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		<category><![CDATA[Poster]]></category>
		<category><![CDATA[Posters]]></category>
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		<description><![CDATA[State and Federal Labor Law Posters are Required for Small Businesses and Other Employers. 
Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.  
 Job safety and health protection labor law poster; Occupational Safety and Health [...]]]></description>
			<content:encoded><![CDATA[<p>State and Federal Labor Law Posters are Required for Small Businesses and Other Employers. </p>
<p>Statutes and regulations enforced by agencies within the US Department of Labor require that labor law posters and/or work place notices be posted in the work place.  </p>
<p> Job safety and health protection labor law poster; Occupational Safety and Health Administration oversee this labor law poster. Private employers engaged in a business affecting commerce must display this labor law poster. </p>
<p>Equal employment opportunity labor law poster; Employment Standards Administration and Office of Federal Contract Compliance Programs oversee this labor law poster.  Involves Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended; 38 U.S.C. 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, Entities holding federal contracts or subcontracts or federally assisted construction contracts of $10,000 or more; financial institutions which are issuing and paying agents for U.S. savings bonds and savings notes; depositories of federal funds or entities having government bills of lading must display this labor law poster. </p>
<p>Fair Labor Standards Act (FLSA) labor law poster; Minimum wage poster, Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every private, federal, state and local government employer employing any employee subject to the Fair Labor Standards Act, 29 USC 211, 29 CFR 516.4 posting of notices must display this labor law poster. </p>
<p>Employee Right for Workers with Disabilities/Special Minimum Wage Labor Law Poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every employer having workers employed under special minimum wage certificates authorized by section 14(c) of the Fair Labor Standards Act must display this labor law poster. </p>
<p>Your rights under the family and medical leave act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Public agencies (including state, local, and federal employers), public and private elementary and secondary schools, as well as private sector employers who employ 50 or more employees in 20 or more work weeks and who are engaged in commerce or in any industry or activity affecting commerce, including joint employers and successors of covered employers must display this poster. </p>
<p>Uniformed Services Employment and Reemployment Rights Act (Notice for use by all employers) labor law poster; Veterans&#8217; Employment and Training Service labor law poster. The full text of this labor law poster must be provided by each employer to persons entitled to rights and benefits under USERRA. </p>
<p>Notice to all employees working on Federal or Federally financed construction projects (Davis-Bacon Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any contractor/subcontractor engaged in contracts in excess of $2,000 for the actual construction, alteration/repair of a public building or public work or building or work financed in whole or in part from federal funds, federal guarantee, or federal pledge which is subject to the labor standards provisions of any of the acts listed in 29 CFR 5.1 must display this labor law poster. </p>
<p>Notice to employees working on government contracts (Service Contracts Act) labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Every contractor or subcontractor engaged in a contract with the United States or the District of Columbia in excess of $2,500 the principal purpose of which is to furnish services in the U.S. through the use of service employees must display this labor law poster. </p>
<p>Notice: employee polygraph protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Any employer engaged in or affecting commerce or in the production of goods for commerce must display this labor law poster. Does not apply to federal, state and local governments, or to circumstances covered by the national defense and security exemption. </p>
<p>Notice migrant and seasonal agricultural worker protection act labor law poster; Employment Standards Administration, Wage and Hour Division oversee this labor law poster. Agricultural employers, agricultural associations and farm labor contractors must display this labor law posters. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">Visit <a href="http://www.osha4less.com" rel="nofollow">Osha4Less.com</a> for more information on all types of state and federal labor law posters. If you are a California employer you can review the <a href="http://www.osha4less.com/california-state-labor-law-poster-p-537.html" rel="nofollow">California Labor Law Poster</a> as well.</div>
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		<title>Missouri Workers Compensation Law &#8211; are You Confused?</title>
		<link>http://www.mirrorofjustice.com/missouri-workers-compensation-law-are-you-confused.html</link>
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		<pubDate>Wed, 15 Jul 2009 15:38:01 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
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		<category><![CDATA[Missouri Work Comp]]></category>
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		<description><![CDATA[Over my years in practice, I have represented thousands of clients who have used many different terms in order to describe the Workers&#8217; Compensation system. Sometimes there is confusion as to what these terms mean and many times these terms are inadvertently misused. An example of these terms would be: Work Comp Board, (&#8221;Workman&#8217;s Compensation [...]]]></description>
			<content:encoded><![CDATA[<p>Over my years in practice, I have represented thousands of clients who have used many different terms in order to describe the Workers&#8217; Compensation system. Sometimes there is confusion as to what these terms mean and many times these terms are inadvertently misused. An example of these terms would be: Work Comp Board, (&#8221;Workman&#8217;s Compensation Board&#8221;), Work Comp Division, &#8220;Work Comp Checks&#8221;, &#8220;Second Injury Fund&#8221;, Work Disability Fund, &#8220;Occupational Disease&#8221;, &#8220;Repetitive Trauma&#8221;, &#8220;Self-Insured&#8221; and &#8220;Work Comp Referee&#8221; </p>
<p>I am going to try to clear up the terms in order to more precisely describe the Missouri Workers&#8217; Compensation system. First of all, the correct title for the system which records claims and provides a judicial system is called the &#8220;Missouri Workers&#8217; Compensation Division&#8221;. The Missouri Workers&#8217; Compensation Division falls under the larger umbrella of the Department of Labor and Industrial Relations. The Missouri Workers&#8217; Compensation Division has its central office in Jefferson City and there are &#8220;branch offices&#8221; in places like St. Louis, St. Charles, Cape Girardeau, Springfield, etc. The Workers&#8217; Compensation Division does not provide any benefits, but simply provides a system in order to report claims and settle disputes through Workers&#8217; Compensation judges which are referred to as &#8220;Administrative Law Judges&#8221;. </p>
<p>Benefits are paid by private insurance companies who provide coverage to employers throughout the State of Missouri. An exception can be made for very large companies who post a bond and decide that they are big enough to pay their own claims directly. These are called &#8220;self-insured companies&#8221;. Large manufacturing companies who elect to become &#8220;self-insured companies&#8221; are required to place a bond with the State of Missouri in order to make sure that claims are covered. </p>
<p>There is not really a &#8220;Workers&#8217; Compensation Board&#8221;. However, there is a panel of three &#8220;Commissioners&#8221; who serve on what is known as the &#8220;Labor and Industrial Relations Commission&#8221;. When an &#8220;award&#8221; is written after a hearing, the decision is final, unless the decision is appealed. The appeal goes to the Labor and Industrial Relations Commission who has the power to let the decision stand, or to reverse the decision. </p>
<p>The &#8220;Second Injury Fund&#8221; is a special state fund that receives its money based on a financial assessment which is made against employers when they pay their premiums to their insurance company. This fund is set up in order to take into account prior injuries or disabilities which may affect an employee&#8217;s ability to work. Some people have been confused by the name and will call and say &#8220;I have injured myself a second time, can I file a second injury claim.&#8221; This fund, however, is set up to consider previous injuries, not new ones. </p>
<p>An employee may be injured on the job in a number of different ways. First, there can be an &#8220;accident&#8221; such as a fall down a flight of stairs. There can also be an &#8220;occupational illness&#8221; caused by exposure to fumes, chemicals, or other elements. Finally, there can be what is often referred to as a &#8220;repetitive trauma&#8221; which involves injuries which occur gradually from overuse. The most common type of repetitive trauma injury, for example, would be what is known as &#8220;carpal tunnel syndrome&#8221;. We see these repetitive trauma cases often from secretaries and typists who may work for hours on end at a computer. </p>
<p>As you can see, many of the terms which are used do not really fit our system today. There is no such term, for example, as a &#8220;Work Comp Referee&#8221;. Because of the many terms which have been used by people over the years, it is sometimes difficult for the average person to understand Missouri Workers&#8217; Compensation. For example, they may make a statement like &#8220;Workman&#8217;s Compensation is denying my case.&#8221; This could mean that a private insurance company has denied their case, a judge heard the case and wrote a decision denying it, or it could mean that the case was appealed to the Industrial Commission where it was denied. Our purpose in writing this article is to describe the precise terms which are presently used in order to avoid unnecessary confusion and help Missouri&#8217;s injured workers understand the system. </p>
<p>The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">Jeff Swaney founded the <a href="http://www.stlinjurylawyer.com/" rel="nofollow">Swaney Law Firm</a> in 1984. Jeff obtained his law degree from the School of Law at St. Louis University, as well as a Master of Arts in Public Administration. He is a member of the Missouri Association of Trial Attorneys (MATA) and The Missouri Bar Association. Jeff is also licensed and handles cases in the State of Illinois.</div>
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		<title>Dog Bite Injury- Who is Liable Under the Dog Bite Law</title>
		<link>http://www.mirrorofjustice.com/dog-bite-injury-who-is-liable-under-the-dog-bite-law.html</link>
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		<pubDate>Wed, 15 Jul 2009 09:38:05 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[Dog Bite Injury Lawyer]]></category>

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		<description><![CDATA[Every year there are approximately 3 million people that are bitten by dogs and statistics show that most victims are children.Dog bite is not as simple as it seems to appear. It may result to serious injuries like:• Lacerations• Punctures• Abrasions• Tissue loss and avulsion• Fractured bones• Infections such as rabies, cellulites, C Canimorsus infectionsThat [...]]]></description>
			<content:encoded><![CDATA[<p>Every year there are approximately 3 million people that are bitten by dogs and statistics show that most victims are children.Dog bite is not as simple as it seems to appear. It may result to serious injuries like:• Lacerations• Punctures• Abrasions• Tissue loss and avulsion• Fractured bones• Infections such as rabies, cellulites, C Canimorsus infectionsThat is why it is necessary for a victim to seek for medical help because the effect can be fatal.The next thing to do is to identify the dog and its owner because you can hold them liable for damages and reimbursement for any expenses you incurred during the treatment period.In the United States, a law was passed known as the dog bite law, which enumerates certain rights and responsibilities of a victim and the owner of the dog.The dog bite law is a combination of city and county ordinances, state law and common law. It includes civil, criminal and administrative law. Generally, civil law provides monetary compensation for the victim, criminal law punishes the owner of the dog and administrative law creates a remedy against the dog itself.Almost all states in the US hold the owner liable for dog bite if he orders the dog to attack a person or if he knowingly kept a dog that previously bit a person. They also hold the owner liable for negligence for any injury that the dog causes and for violating a public health and safety law such as the leash law.Most dog bite statutes impose statutory strict liability that makes the owner of the dog legally liable to the victim.Other states allow claims based on common law strict liability but only states with dog bite law add an additional cause of action for statutory strict liability.However, there are states that do not have a dog bite statute. In this case, they use the one-bite rule or statute. In this law, the legal responsibility of the owner is determined by the following principles:• The first issue is whether the dog bites anyone. If so then the owner is liable.• If the answer in the first item is no, the second question is whether the dog did something that has put the owner in notice that the dog have inclined to bite anyone in the future.• If the answer is no, then they consider if the owner has violated any law pertaining to public health and safety.• They consider whether there is negligence.• If the owner or custodian is not negligent then they consider whether other people can be held liable due to their negligence.Dog bite law differs from state to state. However, not all dog bite cases are punishable under the dog bite law. There are certain exceptions provided by law. The following are the exempted cases:• The victim is a trespasser• The victim is a veterinarian or a canine professional who is treating the dog at the time of the incident• The victim is committing a felony against the owner of the dog• The victim provoked the dog by physically abusing it• The victim assumed the risk for being bitten• The victim is assisting the police or the military at the time of the incident </p>
<p>If you have been bitten by a dog and you are all set to file your injury claim against the responsible parties, consult our expert animal attack lawyers. Just log on to our website and fill out our case evaluation form. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">Maribel Roncales, once aspired to become one of the member of the elite force in the military before she pursue her law studies. Her exposure in writing starts during her high school days. For now, she is pursuing her dream to become a lawyer while working as a writer in a Los Angles based law firm.</div>
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		<title>Difference between Common Law and Civil Law in Canada</title>
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		<pubDate>Wed, 15 Jul 2009 03:37:56 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
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		<description><![CDATA[The Canadian legal system in every province except for Quebec is based on the British common law system. The Quebec province retains a civil system for issues of private law, however both of these legal systems are subject to the Constitution of Canada. Inside the commonwealth system everything is divided into areas like criminal law [...]]]></description>
			<content:encoded><![CDATA[<p>The Canadian legal system in every province except for Quebec is based on the British common law system. The Quebec province retains a civil system for issues of private law, however both of these legal systems are subject to the Constitution of Canada. Inside the commonwealth system everything is divided into areas like criminal law or civil law. It this article we will examine the Civil Law area and the Common Law area in Canada. </p>
<p>Common law </p>
<p>Canada belongs to a group of common law countries, so Canadian law adheres to the doctrine of stare decisis. In this system all the lower courts are bound by the decisions of higher courts and must follow it. But this works only inside one province, lower courts from two different provinces are not bound by each others decisions. The decisions made by a province&#8217;s highest court like the Court of Appeal, nevertheless are considered as &#8220;persuasive&#8221; even though they are not binding on other provinces. There is also the Supreme Court of Canada that authority to bind all courts in the country with a single ruling. If a there is a little or no existing Canadian decision on a legal issue it is possible that the court will look to a non-Canadian legal authority for reference. Most often the decisions on other commonwealth countries like the U.S. and England are utilized. While the decisions of English higher courts like the English Court of Appeal are respected and these courts are considered the be persuasive authority, many of the constitution or privacy related issues are solved basing on the decisions of United States courts, because the there is a much greater body of jurisprudence in U.S. law than English law in these areas. Canadian courts are also particularly bind with the decisions of the House of Lords made before 1867, but practice shows that most of these decisions were overturned by the Canadian Supreme Court or simply not considered serious by any of the Canadian lower courts. </p>
<p>Civil law </p>
<p>Civil Law in Canada involves numerous areas of law that contain disputes between parties (individuals, corporations and government). In such disputes parties seek remedies from the court in contractual matters, tort disputes, and property law cases. Civil Law is opposed to Criminal law that is typically enforced by the government, while the civil law, may be enforced by private parties. In Canada Civil Law also includes a growing sphere called Administrative Law, which deals with things like federal and provincial administrative tribunals, including labour boards, human rights tribunals, and workers&#8217; compensation appeal tribunals. These decisions still can be reviewed by superior courts like the Federal Court Trial Division or the Federal Court of Appeal. Also Civil Law contains the Municipal Law area that covers jurisdiction of the provincial legislatures (that naturally varies from province to province). Established by the Supreme Court of Canada, the Charter of Rights and Freedoms applies to the activities of municipal governments. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">For more information regarding &lt;a href=&quot;http://<a href="http://www.lawyerahead.ca" rel="nofollow">www.lawyerahead.ca</a>/case/british-columbia-10/kelowna.html&#8221; rel=&#8221;nofollow&#8221;&gt; Kelowna lawyers</a>, Quebec Lawyers, &lt;a href=&quot;http://<a href="http://www.lawyerahead.ca" rel="nofollow">www.lawyerahead.ca</a>/case/alberta-13/calgary.html&#8221; rel=&#8221;nofollow&#8221;&gt; Calgary Lawyers</a> and Legal information please visit:  <a href="http://www.lawyerahead.ca" rel="nofollow">www.lawyerahead.ca</a></div>
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		<title>Law Courses and Career Scope</title>
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		<pubDate>Tue, 14 Jul 2009 21:38:28 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[career]]></category>
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		<description><![CDATA[If the world of law inspires you and the system of justice fascinates you, a career in law is for you. Legal profession is a fast growing, lucrative and the most respected career in India today. It is a very exciting and adventurous career. To pursue a career in law, one needs to pursue professional [...]]]></description>
			<content:encoded><![CDATA[<p>If the world of law inspires you and the system of justice fascinates you, a career in law is for you. Legal profession is a fast growing, lucrative and the most respected career in India today. It is a very exciting and adventurous career. To pursue a career in law, one needs to pursue professional law courses. There are a number of institutes and universities in India that offer law courses. One could specialize into one of the various arms of law such as: corporation law, civil law, criminal law, and international law, labor law, patent law, tax law and so on. </p>
<p>In India, both government and private institutes offer under-graduate and post-graduate law courses to students. One could pursue LLB and LLM after graduation from these universities. Apart from the degree law courses, some institutes also offer diploma law courses in various disciplines such as Administrative Law, International Law, Labour Laws, Tax Laws and Corporate Laws. These small law courses are also helpful in building a successful career in law. </p>
<p>There are various branches of specialization in the field of law. These include civil law, criminal law, corporate law, property law, income tax law, marine law, public international law, family law, labour law, press law, excise law, constitutional law, administration law, sale of goods law, trade mark, copyright and patent law etc. Thus, there are numerous options for one to choose from. The eligibility to pursue LLB is 10+2. Course duration is 3-5 years and for a PG programme in law, the eligibility is LLB degree. Duration of LLM is two years. Once you pursue a course in law, you can opt for employment in different courts of law, in government service, as a law teacher, as a legal advisor to a company or a business house. One could also practice privately as a legal advisors advocate, solicitor etc. </p>
<p>On completion of the course, one can enroll with the local State Central Bar council. The Bar Council of India and the State Bar Councils are the statutory bodies that form a self regulated code of law for legal professionals practicing in India. Thus, all aspiring lawyers are required to enroll with these councils. Lawyers enjoy a position of reputation in the society and their services are required at different fronts in different situations of life. One falls back to the legal system when all else fails so the demand for legal practitioners is always high in society. During any dispute or a matter of legal concern, it is the duty of lawyers to counsel their clients about their legal rights. Lawyers suggest legal remedies and course of action in matters of contention. It is also the duty of lawyers to draw up legal documents like wills and contracts. Lawyers also represent clients in court and tribunal proceedings and conduct negotiations on behalf of their clients. . </p>
<p>To become a successful lawyer, just academic qualification is not sufficient. One needs to acquire professional competence through experience and practice under the mentorship of efficient lawyers. One learns the ropes of the profession and the shrewdness that is required with experience. The personal attributes that are required to be a good lawyer include communication skills, patience, logical reasoning, and a very good memory. A good lawyer would be well updated with the latest information on nay changes in law and would have done a fair amount of reading. </p>
<p>With a law degree, if one takes up additional qualification too, it will help in making the person eligible for a variety of employment opportunities such as government services where lawyers are appointed through UPSC and can join Indian Legal Service and serve as Law officers, Dy. Legal Advisors and Legal Advisors. One can also join judiciary where the posts are that of the magistrate, district and sessions judge, sub-magistrate, public prosecutor, solicitors, attorney general, advocate general, notary and oath commissioner. Then, there are law inspectors, legal officers in banks, judicial members of income tax, sales tax and excise departments, government advocates and staff in the registrar of companies&#8217; office. Thus, there is no dearth of employment opportunities for those who have done law courses. With a law degree and an additional course, one can aspire to make a very successful career in the field of law. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">
Geetika jain writes on behalf of Shiksha.com. Shiksha.com is an education portal that connects education seeker with education provider. Shiksha.com has wide information over study abroad colleges, student’s community and courses. Its education forums enable its users to seek opinion of students, alumni and faculty of colleges and schools through College Groups and School Groups.
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		<title>The Administrative Appeal Procedures in a Disability Claim</title>
		<link>http://www.mirrorofjustice.com/the-administrative-appeal-procedures-in-a-disability-claim.html</link>
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		<pubDate>Tue, 14 Jul 2009 15:37:53 +0000</pubDate>
		<dc:creator>Law Article</dc:creator>
				<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[Disability Claim Attorney]]></category>

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		<description><![CDATA[Disability claimants who have been denied their benefits at first attempt can always appeal for reconsideration. As soon as they receive the denial letter, they are advised to contact the social security agency immediately to request an appeal. 
After an appeal has been requested, the social security district office will mail the required appeal forms [...]]]></description>
			<content:encoded><![CDATA[<p>Disability claimants who have been denied their benefits at first attempt can always appeal for reconsideration. As soon as they receive the denial letter, they are advised to contact the social security agency immediately to request an appeal. </p>
<p>After an appeal has been requested, the social security district office will mail the required appeal forms to the claimant. With the help of a disability claim attorney or representative, a claimant may accomplish the paperwork and submit it to the agency. A claimant has to make sure that the appeals document reaches the agency before the deadline of its submission. </p>
<p>Even after the forms have been mailed, a claimant must call the social security office to inform them that the deadline has been met in order to give one’s case a so-called ‘protected date’. This will also provide some security in the event that appeal forms get lost in the mail.</p>
<p>Generally, denied claims pursued through the appeals process have a much greater chance of being subsequently awarded of benefits than filing a new application.</p>
<p>The administrative appeals process in a disability claim involves four steps: </p>
<p>1.	Initial Determination &#8211; When a claimant is denied disability benefits on their initial application, they will receive written notification advising him of the initial determination and their right to a reconsideration of the decision. The claimant must then make an appeal and request for a reconsideration of the decision. An initial determination becomes final unless reconsideration is requested with sixty (60) days from the date of receipt of the notice of the determination. </p>
<p>2.	Reconsideration Determination &#8211; At the reconsideration level, the administration will review the initial determination and any other medical evidence that is submitted by the parties or otherwise obtained. </p>
<p>A reconsidered determination becomes final unless a hearing is requested within sixty (60) days from the date of claimant’s receipt of notice of the reconsidered determination, or unless such determination is revised in accordance with 20 CFR Sec. 404.905, or unless the expedite appeals process is used in accordance with 20 CFR sec. 404.900 (a)(6)</p>
<p>3.	Administrative Law Judge Decision &#8211; Before an Administrative Law Judge (ALJ), a claimant is provided the opportunity for a full hearing during which he can present evidence and legal argument and cross examine witnesses. The ALJ renders a decision stating his finding of fact and conclusions of law. </p>
<p>The decisions are based on the evidence presented and evaluated at the hearing or included in the hearing record. If the claimant is dissatisfied with the decision of an administrative law judge, he must file a written appeal within sixty (60) days after his receipt of the ALJ decision to the Appeals Council for their review.</p>
<p>4.	Appeals Council Review &#8211; The council reviews the ALJ’s decision, which it may affirm, modify or reverse or vacate. The council may also remand the case to an ALJ for rehearing, or take further testimony in the case.</p>
<p>After notification of its decision, a claimant has sixty days from receipt of the decision to seek review of the district court by filing a civil action. </p>
<p>To improve your chances of obtaining your claim, you will need the services of an able representative who can represent you in your appeals. A skilled and experienced disability claim attorney can increase your chances of getting your claim. </p>
<p>For additional information regarding the issues surrounding your Disability Claims, log on to our website and consult our highly commended Los Angeles Social Security attorneys. </p>
<div style="margin:5px;padding:5px;border:1px solid #c1c1c1;font-size: 10px">Before becoming an online writer, Manuel worked as a journalist, a newspaper columnist, a scriptwriter, a fiction writer, a magazine editor, and a tutor. He acquired his legal background as a Senate legislative officer and later on, as a researcher and paralegal staff in various law offices. Someday he hoped to go back and devote more time to writing fiction, which is his first passion.</div>
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