Death Duties. By K. Mcfarlane, ll.d., of the Estate Duty Office. [London; Stevens & Sons, Ltd.1948. viii and 123 and (index) 4 pp. 4s. net.] - Palmer's Company Guide. A Manual of Everyday Law and Practice. Thirty-sixth edition. By J. Charlesworth, ll.d., of Lincoln's Inn, Barrister-at-Law. [London: Stevens & Sons, Ltd.1948. x and 276 and (index) 20 pp. 6s. 6d. net.] - Palmer's Private Companies. Their Formation and Advantages and the Mode of Converting a Business into a Private Company. Forty-first edition. By J. Charlesworth, ll.d., of Lincoln's Inn, Barrister-at-Law. [London: Stevens & Sons, Ltd.1949. viii and 98 and (index) 4 pp. 3s. net.] - Local Councils and the Citizen. By R. Simon, m.a., Assistant Solicitor, City of Kingston-upon-Hull. [London: Stevens & Sons, Ltd.1948. ix and 188 and (index) 9 pp. 5s. net.] - Marriage, Separation and Divorce. By H. B. Grant, m.a., of Gray's Inn and the South-Eastem Circuit, Barrister-at-Law; Formerly Senior Scholar, Trinity College, Cambridge; Lord Justice Holker Senior Scholar, Gray's Inn. [London: Stevens & Sons, Ltd.1948. vii and 120 and (index) 4 pp. 4s. net.] - Partners and the Law. By Elman Peter, m.a., of the Middle Temple, Barrister-at-Law. [London: Stevens & Sons, Ltd.1948. vii and 81 and (index) 3 pp. 4s. net.] - Landlord and Tenant. Second edition. By R. Borregaard, m.a., of the Inner Temple, Barrister-at-Law. [London: Stevens & Sons, Ltd.1949. x and 87 and (index) 15 pp. 4s. net.]

1949 ◽  
Vol 10 (2) ◽  
pp. 341-343
Author(s):  
T. E. L.
Keyword(s):  
Trinity College ◽  
The South ◽  
Private Company ◽  
Private Companies ◽  
Sixth Edition ◽  
Senior Scholar ◽  
The Law

scholarly journals The Danger for an Underestimation of Necessary Precautions for the Admissibility of Admissions in Section 219A of the South African Criminal Procedure Act 51 of 1977

2019 ◽  
Vol 31 (1) ◽  
pp. 81-120
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane
Keyword(s):  
South African ◽  
Criminal Procedure ◽  
Prima Facie ◽  
The South ◽  
Simple View ◽  
The Law ◽  
Criminal Matters ◽  
Law Of Evidence

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.

scholarly journals Framing Bottled Water: A Comparative Reflection on the Legal Paradigm

Global Jurist ◽  
2016 ◽  
Vol 16 (2) ◽  
Author(s):  
Diego Bonetto
Keyword(s):  
Global South ◽  
Bottled Water ◽  
Private Companies ◽  
Economic Wealth ◽  
Global North ◽  
The Law ◽  
Legal Frameworks

AbstractThe work compares two apparently different legal frameworks governing bottled water to highlight the underlying convergence of their rhetorical underpinnings. In particular, it looks at the law regulating the exploitation of water destined to bottling in India and Italy. Through these two examples this work wants to show how in both countries, which may serve as, respectively, a Global South and a Global North examples as to their position in the worldwide allocation of economic wealth and labour, the regulations treat water as a commodity focusing on the aspects concerning its commercialization by private companies.

The South China Sea

Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Use Of Force ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
Government Behavior ◽  
China Sea ◽  
The Law

The article looks at three ways in which international law has affected government behavior in the South China Sea. It has exacerbated disputes. It has probably curtailed the use of force. And it has made it difficult to imagine solutions that violate the law of the sea.

scholarly journals Jurisdiction of the Arbitral Tribunalin Philippines V.China Under UNCLOS and in the absence of China

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 266-272 ◽  
Author(s):  
Kate Parlett
Keyword(s):  
South China Sea ◽  
United Nations ◽  
South China ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
United Nations Convention ◽  
International Tribunals ◽  
The Law

It is not uncommon for decisions of international tribunals to be reported in the pages of the Washington Post or feature on the BBC News website. It is rather less common for awards to feature on the giant screens of New York’s Times Square. But less than two weeks after the Arbitral Tribuna lunder Annex VII to the United Nations Convention on the Law of the Sea issued its Awardin Philippines v.China, a three-minute video featuring China’s position was broadcast repeatedly on the screen better known forbroadcasting New Year’s Eve festivities than argumentation on the competence of international tribunals. The video asserted that China’s “indisputable sovereignty over [the South China Sea islands] has sufficient historic and legal basis” and that “the Arbitral Tribunalvainly attempted to deny China’s territorial sovereignty and maritime rights and interests in the South China Sea.” It further stated that “China did not participate in the illegal South China Sea arbitration, nor accepts the Awardso as to defend the solemnity of international law.” This latter statement goes to the very heart of the Arbitral Tribunal’s jurisdiction under the 1982 United Nations Convention on the Law of the Sea (the Convention) and its competence to decide the case despite China’s nonparticipation in the proceedings.

A Legal Ethnography

2011 ◽  
Author(s):  
Colin Dayan
Keyword(s):  
Civil War ◽  
Property Rights ◽  
Personal Identity ◽  
The South ◽  
Legal Fiction ◽  
Personal Rights ◽  
Peculiar Form ◽  
The Law

This chapter examines how judges determined the character of slaves. In the South, the adaptation of Lockean notions of personal identity to slaves was inextricably bound up with the understanding of person as a forensic term and the kind of legal incapacity and nonrecognition that signaled negative personhood. Thomas Morris in Southern Slavery and the Law: 1619–1860 argues that the most crucial legal fiction was that “the slave was an object of property rights, he or she was a ‘thing’.” However, what most occupied the thoughts of lawyers and judges in cases about personal rights in the courts of Virginia on the eve of the civil war was not to affirm the slave as property, but to articulate the personhood of slaves in such a way that it was disfigured, not erased. Slave law depended on this juridical diminution. The peculiar form impairment took and the transformations that ensued gave new meaning to degradation.

Financial Reporting Fraud: Public and Private Companies

2016 ◽  
Vol 1 (1) ◽  
pp. A27-A41 ◽  
Author(s):  
A. Scott Fleming ◽  
Dana R. Hermanson ◽  
Mary-Jo Kranacher ◽  
Richard A. Riley
Keyword(s):  
Financial Reporting ◽  
Primary Objective ◽  
Private Company ◽  
Private Companies ◽  
Public And Private ◽  
Public Companies ◽  
Multivariate Tests ◽  
Public Company ◽  
Public Versus Private ◽  
Financial Reporting Fraud

ABSTRACT This study uses survey data gathered by the Association of Certified Fraud Examiners (ACFE) and provided to the Institute for Fraud Prevention (IFP) to examine differences in the profile of financial reporting fraud (FRF) between private companies and public companies. Although private companies represent a significant portion of the economy, largely due to lack of data on these companies, most research on FRF examines only public companies. The primary objective of this study is to determine how private company FRF is different from FRF in public companies. Our multivariate tests reveal that public companies have stronger anti-fraud environments, are more likely to have frauds that involve timing differences, tend to experience larger frauds, have frauds that involve a larger number of perpetrators, and are less likely to have frauds that are discovered by accident. Overall, it appears that the stronger anti-fraud environment in public companies leads public company FRF perpetrators to use less obvious fraud methods (i.e., timing differences) and to involve larger fraud teams to circumvent the controls. These public company frauds are larger than in private companies, and their larger size may make them more likely to be detected through formal means, rather than by accident. Based on the results, we encourage auditors and others to be particularly attuned to the unique risks of the public versus private setting.

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