Presumption Clauses under the Fair Trade Act and the Role of Courts in Reducing the Burden of Proof for Establishing a Breach of the Act - with a Special Emphasis on the Presumption Clause Concerning Improper Concerted Acts -

2020 ◽  
Vol 38 (4) ◽  
pp. 329-364
Author(s):  
Ki Jong Lee
Keyword(s):  
1989 ◽  
Vol 65 (3_suppl2) ◽  
pp. 1211-1215 ◽  
Author(s):  
J. Ray Hays

The United States Supreme Court in 1979 set the standard for involuntary commitment. This decision, styled Addington v Texas, raised the burden of proof required to commit persons from the usual civil burden of proof of “preponderance of the evidence” to “clear and convincing” evidence. There was no reduction in the rates of commitment as a result of the decision. The proportion of patients committed in Texas grew in almost linear fashion during the years 1972–1986. Various economic, sociological, and treatment factors may have more influence on commitment of patients than does a court decision.


2020 ◽  
Vol 2 (2) ◽  
pp. 32-46
Author(s):  
Kathleen Mintarja ◽  
Priscilia Christian Kadim ◽  
Stella Claresta Alexander

The second half of the twentieth century witnessed unprecedented growth in the number of international actors. There has been a dramatic increase in the number of non-state actors that, on many occasions, helped solve problems and improve lives. This makes the responsibility of people’s welfare no longer only held by the government. One of the most prominent examples is the role of Body Shop on improving the living standard of Rwandan. Twenty four years after the genocide that killed almost 800,000 people, the country of Rwanda is rebuilding with the support of international communities, including multinational corporations. The Body Shop’s Community Trade commitment has been a key part of bringing local producers into international supply chains and empowering them. Therefore, the research question in this paper is “How is the role of The Body Shop on implementing fair trade principles towards the Rwandan society?” To answer the research question, the authors use several theories and concepts; such as pluralism, multinational companies, and fair trade theory. In addition, the research method to be used by the authors is a qualitative study method. This research found that The Body Shop has launched a Moringa Community Trade program as an embodiment of efforts to improve the welfare of Rwandan people after the genocide occurred. This community trade initiative aims to be one small step forward to achieve financial stability for the people currently living and working in Rwanda.


2007 ◽  
Vol 74 (1) ◽  
pp. 89-100 ◽  
Author(s):  
Andreas Chatzidakis ◽  
Sally Hibbert ◽  
Andrew P. Smith
Keyword(s):  

2013 ◽  
Vol 2013 (1) ◽  
pp. 16656
Author(s):  
Rommel O. Salvador ◽  
Altaf G Merchant ◽  
Elizabeth A. Alexander

Author(s):  
Atamer Yesim

This commentary focuses on Article 6.1.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning order of performance of a contractual obligation. Art 6.1.4 deals with the sequence of performance and counter-performance if the parties have undertaken reciprocal obligations in a bilateral contract. This commentary discusses the content and scope of application of Art 6.1.4, the role of Art 6.1.4 in determining the time of performance for the counter-performance and in determining the order of performance of due contractual obligations, performances to be taken into consideration when determining the time and order of performance, legal consequences of disregarding the order of performance, and burden of proof relating to order of performance.


2018 ◽  
Vol 6 (1-2) ◽  
pp. 139-168 ◽  
Author(s):  
Gordon H. Dash ◽  
Nina Kajiji ◽  
Domenic Vonella

2014 ◽  
Vol 5 (3) ◽  
pp. 286-292 ◽  
Author(s):  
Alberto Alemanno

At a time of increasing recognition worldwide of the role of Chief Science Advisers as of critical importance in improving dialogue between science and policy, the European Union, notably the European Commission, is currently considering – under the pressure of civil society organisations – whether to maintain or scrap this recently–created position. After contextualizing this debate within the broader efforts undertaken by the Barroso Commission to strengthen science in EU policymaking, this article discusses what role, if any, a Chief Scientist may play within the EU systemof scientific advice. After denouncing the lack of a public debate about the merits of this post at the time of its creation, the article takes as a point of departure the criticisms made against this position and assesses them in the light of the mandate entrusted to the Chief Scientist Advisor. It argues that the major point of disagreement on this post revolves around the question of whether the Chief Scientist Advisor, as it currently stands, helps or hinders the EU incorporating the ‘best science’ into policy. After identifying the flaws of the actual mandate and the challenges faced by the first holder of the position, it argues that the burden of proof rests with the EU Commission to prove the merits, and more specifically, the rationale for having yet another source of scientific advice in the EU.


2017 ◽  
Vol 27 (2) ◽  
pp. 119-135 ◽  
Author(s):  
Maria del Mar Garcia-De los Salmones ◽  
Andrea Perez
Keyword(s):  

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