Still, Mr. Smit does not view land reform as a fair means of redress.
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In the great majority of cases, class-action lawsuits provide the only credible means of redress.
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Second, damages should be compensatory, not punitive—a means of redress, not a way for powerful people to bankrupt their critics.
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Schrems and other privacy campaigners contend that alternative arrangements such as model clauses don't offer Europeans any means of redress either.
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After all, why would any country enter into a privileged economic partnership without any means of redress if the other party engaged in anti-competitive practices?
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Individuals who believe a company has mishandled their data must exhaust three separate mechanisms as a means of redress before they have access to the arbitration panel.
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The report looked at the conditions of about 121,000 guest workers living in the United States — including those in forestry, agriculture, and seafood preparation — and found high fatality rates, lack of basic medical care, and few means of redress.
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For starters, the crux of the #MeToo movement is that individual instances of sexual harassment are so numerous and the available means of redress so inadequate that the topic of "private" misconduct is in fact a matter of public concern.
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In the European Patent Convention, a means of redress following a loss of right due to the non-observance of a time limit in spite of all due care.
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He mentioned thirteen "grievances" and pointed out for each the means of redress: laxity in monastic discipline; the general seminaries; marriage licenses; and the "Religious Commission", which assumed the position of judge of the bishops and their rights. Migazzi expressed his dissatisfaction.
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Vanuatu also accepted the recommendation to support further human rights training for police and corrections and to promote regular, independent monitoring of detention facilities and ensure that detainees have immediate and effective means of redress and protection when their rights are violated.
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A small number of applicants have received compensation. The Greek Cypriots have refused to recognise the commission as a proper means of redress, with some politicians going as far to suggest treason for those who accept.Turkish land offer rejected by Greeks. Washington Times (25 June 2006).
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The restitutio in integrum or re-establishment of rights under the European Patent Convention (EPC) is a means of redress available to an applicant or patent proprietor who has failed to meet a time limit in spite of exercising "all due care required by the circumstances". The legal basis for this means of redress is provided in . If the request for restitutio in integrum is accepted, the applicant or patentee is re-established in its rights, as if the time limit had been duly met. According to decision G 1/86 of the Enlarged Board of Appeal of the European Patent Office, other parties such as opponents are not barred from the restitutio in integrum by principle.
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Speeches and petitions led directly to the redress of grievances in Upper Canada that otherwise had no means of redress. Mackenzie's frustration with Compact control of the government was a catalyst for the failed Upper Canada Rebellion of 1837. Their hold on the government was reduced with the creation of the united Province of Canada and later the installation of the system of Responsible Government in Canada.
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Restitutio ad integrum or restitutio in integrum is a Latin term which means restoration to original condition. It is one of the primary guiding principles behind the awarding of damages in common law negligence claims. In European patent law, it also refers to a means of redress available to an applicant or patentee who has failed to meet a time limit in spite of exercising all due care.
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His first book, Parliamentary Sovereignty and the Commonwealth, was published in 1957. He described "sovereignty" as "an institutional arrangement resting upon an idea, and the idea is one which has philosophical (and even theological) implications". In 1959, his second book, co-authored by Graeme Moodie, was entitled Some Problems of the Constitution and dealt with ministerial responsibility. He examined the controls on government and the means of redress of the citizen against the state.
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The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases against individual rights violators before U.S. and Spanish courts. CJA has pioneered the use of civil litigation in the United States as a means of redress for survivors from around the world. Accessed 19 January 2009.
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Justice Scalia writing for the Court reversed the Ninth Circuit's decision. Scalia held that the provision of an express, private means of redress in the Telecommunications Act is an indication that Congress intended to preclude more expansive remedies under 42 U.S.C. § 1983. The existence of a more restrictive private remedy for statutory violations is the dividing line between cases where an action would lie under § 1983 and those in which it would not..
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The council has 15 members, of whom seven are members from the media. These are the representatives of the five daily newspapers in Cebu and two representatives from the Kapisanan ng mga Brodkaster ng Pilipinas-Cebu. Two members of the council are from the academe, while six are from the general public. As a forum for news subjects to air their grievances, the CCPC hopes to provide an added means of redress to reduce the incidence of lawsuits and violence against journalists.
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Such corporations are "prisoners of their past investments," he wrote, because "even the most puny government can nationalize, and the only redress is to seek compensation." Although as Sampson's book shows ITT has used other means of redress to defend its own business interests from nationalisation, that have not been confined to the courts. These have ranged from supporting the 1930s military takeover by General Franco in Spain, investing in Hitler's war machine throughout World War II, and funding a CIA-backed coup led by General Pinochet in Chile 1973.
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On August 18, 2014 a Brazilian court granted a preliminary injunction to a public prosecutor that prohibits companies such as Apple, Google, and Microsoft from distributing the app and also compels the three companies to remotely delete the app on users' devices. The prosecutor sought the injunction after receiving user complaints of bullying. Currently, a user's only means of redress against bullies is to send a letter in English to an American judge via the Brazilian foreign ministry, essentially leaving Brazilian users powerless. The decision itself is based on chapter 5, article 1 of the Brazilian constitution.
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The backronym CAN-SPAM derives from the bill's full name: Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. It plays on the word "canning" (putting an end to) spam, as in the usual term for unsolicited email of this type. The bill was sponsored in Congress by Senators Conrad Burns and Ron Wyden. The CAN-SPAM Act is occasionally referred to by critics as the "You-Can-Spam" Act because the bill fails to prohibit many types of e-mail spam and preempts some state laws that would otherwise have provided victims with practical means of redress.
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Popular beliefs are studied as a sub-field of social sciences, like history and anthropology, which examines spiritual beliefs that develop not independently from religion, but still outside of established religious institutions. Aspects of popular piety, historical folklore, and historical superstitions are some of the themes explored. Social scientists who study popular belief offer explanations for behaviors and events that arose as a means of redress in times of adversity or from perceived practical or spiritual utility. The cause of the European witch craze, responsible for the death of many older women in the sixteenth and seventeenth century, is one such area of research.
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By then, scholars were increasingly rejecting the notion that Adams and others used "propaganda" to incite "ignorant mobs", and were instead portraying a revolutionary Massachusetts too complex to have been controlled by one man. Historian Pauline Maier argued that Adams, far from being a radical mob leader, took a moderate position based on the English revolutionary tradition that imposed strict constraints on resistance to authority. That belief justified force only against threats to the constitutional rights so grave that the "body of the people" recognized the danger, and only after all peaceful means of redress had failed. Within that revolutionary tradition, resistance was essentially conservative.
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The Ombudsman Commission of Papua New Guinea is an independent institution mandated to provide a means of redress for citizens suffering from administrative injustice. It has the right to refer cases involving allegations of misconduct by government officials to the Public Prosecutor, who may subsequently refer the matter to the Leadership Tribunal. In 2005, the Ombudsman Commission stated that of the cases reviewed involving allegations of misconduct by public officials, 80 percent related to misappropriation of funds and 20 percent related to cases of ‘personal benefit’. A review of the 34 cases referred to the Leadership Tribunal between 1976 and 1997 showed that 20 resulted in guilty verdicts.
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On 15 December, the legislation was modified slightly after it was realised that as it was written, the Act nationalised all council-owned land reclaimed from the sea. This includes areas such as Auckland's Britomart and Wellington's waterfront. This was not part of the intention of the act. The United Nations Committee on the Elimination of Racial Discrimination, after being asked by Te Runanga o Ngāi Tahu to consider the legislation, issued a report on 12 March 2005 stating that the foreshore and seabed legislation discriminates against Māori by extinguishing the possibility of establishing Māori customary title over the foreshore and seabed, and by not providing a means of redress.
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Catholic clergy and émigrés had been victims of angry pro-republican violence and forced deportations by sans-culottes since the Decree of 17 November 1791 went into force. However, it was the Law of Suspects () approved by the National Convention of the French First Republic on 17 September 1793 that swept the nation with "revolutionary paranoia".Jean Tulard, Jean-François Fayard, & Alfred Fierro, Histoire et Dictionnaire de la Révolution française, Éd. Bouquins-Robert Laffont, 1997, This decree defined a broad range of conduct as suspicious in the vaguest terms, and did not give individuals any means of redress. Nantes, in particular, was besieged by the tragedies of the French civil war in the Vendée at its doorstep.
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Fritz, in American Sovereigns: The People and America's Constitutional Tradition Before the Civil War, describes a duality in American views on preconditions to the right of revolution: "Some of the first state constitutions included 'alter or abolish' provisions that mirrored the traditional right of revolution" in that they required dire preconditions to its exercise.Christian G. Fritz, American Sovereigns: The People and America’s Constitutional Tradition Before the Civil War (Cambridge University Press, 2008), 24. Maryland's 1776 constitution and New Hampshire's 1784 constitutions required the perversion of the ends of government and the endangering of public liberty and that all other means of redress were to no avail.See Maryland 1776 Constitution, Bill of Rights, Sec.
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Several organisations and commentators have recognised that many victims of human rights violations at the hands of multinational corporations will not have a means of redress in the country the violation has occurred., International Federation for Human Rights Corporate Accountability for Human Rights Abuses: A Guide for Victims and NGOs on Recourse Mechanisms (FIDH, March 2012) at 179 Business and Human Rights Resource Centre Annual Briefing: Corporate Legal Accountability (www.business-humanrights.org, January 2015) at 1 As such victims often rely on the exercise of extraterritorial jurisdiction. In Europe jurisdiction is granted to hear civil claims against via Resolution 44/2001 of the European Council but this requires that the corporation in question be domiciled in a Member State.
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In Australia the employment relationship involves a degree of trust and confidence, particularly for a corporate employer that can only act through its employees. An employer may summarily dismiss an employee who destroys that trust and confidence. at p 81 per Dixon J An employer may seek to entice or motivate its employees in the expectation of receiving a bonus payment or promises of fair treatment. Statute,For example the National Employment Standards under the Fair Work Act 2009 (Cth). regulation and industrial awards may provide the “means by which employees may be protected from abuses of power by the employer, and provides means of redress to employees who are aggrieved by some conduct of the employer” In some instances however the availability of redress may be less certain, for example a bonus payment made be left to the discretion of the employer, or the promises of fair treatment may be contained solely in policies of the employer.. The employee trusts that the employer will deliver on that expectation or promise.
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