scholarly journals Some effective Solutions to the Conflict and Harmonization between the Author’s Personality Rights and the Right of Ownership surrounding the Scrapping of Works of Art. - Focucing on A Critical Analysis of Korean Supreme Court Decision 2012Da204587 Decided August 27, 2015 -

2016 ◽  
Vol null (55) ◽  
pp. 213-253
Author(s):  
차상육
Keyword(s):  
Supreme Court ◽  
Critical Analysis ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Personality Rights ◽  
Works Of Art ◽  
The Right

scholarly journals ANÁLISE CRÍTICA DA DECISÃO DO SUPREMO TRIBUNAL FEDERAL NO JULGAMENTO DO RECURSO EXTRAORDINÁRIO 590415/SC: A QUESTÃO DA RENÚNCIA GENÉRICA A DIREITOS ORIUNDOS DA RELAÇÃO DE TRABALHO MEDIANTE ADESÃO A PLANO DE DEMISSÃO VOLUNTÁRIA -- CRITICAL ANALYSIS OF THE BRAZILIAN SUPREME COURT DECISION IN THE LEADING CASE 590415/SC: THE GENERAL WAIVER OF RIGHTS ARISING FROM THE EMPLOYMENT RELATIONSHIP IN THE PLAN PREVIOUSLY APPROVED BY THE COLLECTIVE BARGAINING

2016 ◽  
Vol 17 (1) ◽  
pp. 213-236
Author(s):  
Rodrigo Garcia Schwarz ◽  
Rogério Luiz Nery da Silva
Keyword(s):  
Collective Bargaining ◽  
Supreme Court ◽  
Critical Analysis ◽  
Supreme Court Decision ◽  
Employment Relationship ◽  
Court Decision

Resumo: Neste trabalho tem-se por escopo analisar a decisão proferida pelo Supremo Tribunal Federal no Recurso Extraordinário 590415/SC, que afirmou, com repercussão geral, em sentido contrário aos precedentes do Tribunal Superior do Trabalho, a tese de validade da renúncia genérica a direitos emergentes da relação de emprego mediante adesão do empregado a plano de demissão voluntária previamente aprovado por acordo coletivo de trabalho. Trata-se, com a identificação dos principais argumentos utilizados pelo Supremo Tribunal Federal na afirmação da tese, de problematizá-los à luz dos princípios e direitos fundamentais no trabalho, com especial ênfase para a questão da limitação da autonomia da vontade do empregado em razão da assimetria de poder entre os sujeitos da relação de emprego. Conclui-se que a decisão do Supremo Tribunal Federal constitui precedente flexibilizador desses princípios e direitos.Palavras-chave: Demissão voluntária. Princípios e direitos fundamentais. Relação de trabalho. Renúncia. Transação.  

Lawyers in Juvenile Court

1967 ◽  
Vol 13 (4) ◽  
pp. 488-493 ◽  
Author(s):  
Spencer Coxe
Keyword(s):  
Supreme Court ◽  
Juvenile Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Supreme Court ◽  
The Right ◽  
Institutional Population

The article delineates the effect of Gault on the "right to counsel" in the juvenile court. It reviews the background of the Supreme Court decision and analyzes the controversy over the lawyer's role in adjudication and disposition and it discusses some of the effects of the ruling on institutional population and the backlog of cases awaiting disposition.

scholarly journals Unrewarded donors: The search for victims in the wake of Kapa

2021 ◽  
Author(s):  
◽  
Ayla Saroz
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Criminal Law ◽  
Critical Analysis ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Criminal Offending ◽  
Definition Of

<p>This paper provides a critical analysis of the sentence of reparation in New Zealand, as set out by s 32 of the Sentencing Act 2002. The scope of the sentence is examined with particular regard to the recent Supreme Court decision, which limited reparation so that only victims of offences can benefit from the sentence. The definition of “victim”, as determined by the Sentencing Act, is confined to direct victims of criminal offending. Thus, any indirect victim suffering harm or loss from criminal offending cannot benefit from reparation. This paper questions whether that limitation gives reparation an appropriate scope, or whether some extension should be made so that the sentence is not restricted in its application to only benefit direct victims. In so doing, this paper argues that the criminal law is the suitable domain to address such issues of compensation and therefore, an extension of the reparation sentence is required. Alternative ways of limiting reparation to address this compensation issue are outlined. Ultimately it is proposed that an additional provision should be included within the definition of “victim”, for the purpose of s 32, so that indirect victims can also benefit from a sentence of reparation.</p>

scholarly journals Unrewarded donors: The search for victims in the wake of Kapa

2021 ◽  
Author(s):  
◽  
Ayla Saroz
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Criminal Law ◽  
Critical Analysis ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Criminal Offending ◽  
Definition Of

<p>This paper provides a critical analysis of the sentence of reparation in New Zealand, as set out by s 32 of the Sentencing Act 2002. The scope of the sentence is examined with particular regard to the recent Supreme Court decision, which limited reparation so that only victims of offences can benefit from the sentence. The definition of “victim”, as determined by the Sentencing Act, is confined to direct victims of criminal offending. Thus, any indirect victim suffering harm or loss from criminal offending cannot benefit from reparation. This paper questions whether that limitation gives reparation an appropriate scope, or whether some extension should be made so that the sentence is not restricted in its application to only benefit direct victims. In so doing, this paper argues that the criminal law is the suitable domain to address such issues of compensation and therefore, an extension of the reparation sentence is required. Alternative ways of limiting reparation to address this compensation issue are outlined. Ultimately it is proposed that an additional provision should be included within the definition of “victim”, for the purpose of s 32, so that indirect victims can also benefit from a sentence of reparation.</p>

scholarly journals Wasiat Wajibah Bagi Ahli Waris Beda Agama (Analisis Terhadap Putusan Mahkamah Agung Nomor: 368K/AG/1995)

2019 ◽  
Vol 17 (2) ◽  
pp. 188-210
Author(s):  
Iin Mutmainah ◽  
Muhammad Sabir
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Basis ◽  
Court Judge ◽  
Result Show ◽  
The Status ◽  
The Right

This study discusses about the testament wajibah to differently religious heirs (an Analysis of Supreme Court decision number: 368 K/AG/1995). The purpose of this study are to know about the principle of inheritance under islamic law, and to understand the status of testament to differently religious heirs , and to analyze the constitute of consideration and the legal basis used in deciding the rights of differently religious heirs. The result show that the testament wajibah given to differently religious heirs become a problem because of the status of differently religion, these heirs cannot get inheritance rights. Through the decision of supreme court, judge ruled that differently religious heirs have the right to get inheritance with some consideration. Although there is no rule on testament wajibah to differently religious heirs, the judge have succeeded in ijtihad, finding and exploring the value of existing law. This decree shows that the judges actually carry out duties as a legislator who receive, examine, and decide cases such a new through benefit consideration based on the Qur’an and Hadith

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