Abstract
This essay provides a critical analysis of the contemporary operation of the employment tribunal system with particular emphasis on its key failings as a forum for resolving individual employment disputes. A number of recent legislative reforms, and the impact that they have had on resolving the faults of the system, are also discussed.

Outline:
Abstract
The Cost of Tribunals
Too Many Applicants
Increased Legal Regulation
Encouragement of Unmeritious Claims
Reforms to the system
Conclusion

From the Paper
"Employment Tribunals were originally established for the sole purpose of hearing appeals concerning 'industrial training levies' under the Industrial Training Act 1964 . Since then, their jurisdiction has been gradually, yet substantially, increased and enhanced through a variety of legislative measures , legal judgments and the adoption of various EU policies ; leading to a total jurisdiction which now covers over eighty types of complaint."

Tags:worker, employee, litigation, dispute, union

Abstract
The paper examines three key areas in which the Genocide Convention has been frequently criticised: the limited scope of its definition of genocide; the significant difficulties associated with its 'special intent' requirement and its ineffective system of enforcement. The paper explains that the Convention was a product of the post-WWII era and its flaws stem clearly from policy issues of that time. The paper maintains that this provides a solid justification for revision of the Convention nowadays.

Outline:
Abstract
The Limited Scope of the Definition of Genocide
The 'Special Intent' Requirement
Enforcement of the Convention
Conclusion

From the Paper
"In 1944 Raphael Lemkin, a Polish Professor of International Law coined the term 'genocide' and then campaigned relentlessly to have it recognised as an international criminal offence after losing many family members to the Holocaust . His action combined with the "universal moral revulsion" felt towards the atrocities committed by the Nazi regime led to the Genocide Convention being drafted in 1948; however, universal condemnation of the recent past and the demonstration of a global commitment to a future which would be based upon the concept of human rights necessitated widespread acceptance of the treaty terms by U.N member states - this was of course especially so in the case of the major powers."

Tags:treaty, human, rights, 'special, intent', enforcement, United, Nations, Rwanda, Tutsi

Abstract
This paper examines the intellectual property law of 'passing off'. The paper explains that the law of 'passing off' is a common law right of action in the law of tort and is based on the premise that 'nobody has any right to represent his goods as the goods of somebody else'. The paper looks at how the action is effectively one of unfair competition, and applies generally to situations where there is no registered trademark or any other intellectual property right. The paper then points out that a typical scenario would be when a defendant uses an unregistered trademark normally used by a claimant, and in so doing, represents the goods or services in such a way that the public is deceived into thinking that they are being offered by the claimant. The paper also explores how protection under the law of passing off is very much dependent on how much importance consumers place on the part when purchasing the product in question. In conclusion, the paper shows that the courts generally adopt a restrictive approach towards protecting the descriptive and the functional because granting such protection will have a negative effect on the market, and ultimately this is a question of fact, and the courts will look at all the circumstances of each case before making a decision.

From the Paper
"So long as these criteria are fulfilled, the claimant would have successfully established 'goodwill' for his goods or services, but a descriptive mark runs the greatest risk of becoming too distinctive over time that it is deemed generic. By losing its ability to indicate source, the claimant can no longer rely on the law of passing off to protect the mark. This danger has been highlighted by the case of Linoleum Manufacturing v Nairn [1878], where the public began using the term 'Linoleum' to refer to the product generally, without connoting the source of manufacture. As such, the courts will be reluctant to allow monopoly over such terms so as to promote healthy competition in the marketplace."

Tags:intellectual, property, copyright, patent, trade, mark

Abstract
The paper explores human rights and equality legislation, sentencing options and the key principles of restorative justice. The paper explains how the conceptions of social and criminal justice differ in the way they conceptualise both the criminal and the crime. The paper then shows how in its present form, therefore, the legal system has largely negative consequences on the establishment and maintenance of social justice. The paper also points out, however, the many possibilities for allowing social justice to flourish.

From the Paper
"The purpose of the legal system is to effectively administer the national law. Due to its very nature, the law aims to avoid ambiguity and thus offer a clear and set collection of rules and codes that are capable of universal enforcement. Although for decades there have been protracted attempts to include the ethos of social justice within this legal framework, the two concepts have often come into conflict with one another. The basis of social justice is that all aspects of society afford just and fair treatment for all, including that beyond the auspices of the law (Jordon, 1990) As such, the idea of social justice is capable of transmission to areas unavailable to the law."

Tags:human, rights, equality, legislation, sentencing, restorative, justice, social, work

Abstract
This paper discusses the point of view of different schools and presents different case studies of social order maintenance. It describes recent developments in many fields and focuses on terrorism and white collar crimes. It also examines how military power can be used to maintain social order. The issues of censorship during Vietnam and other wars is discussed, as well as media representation and its effect on social order.

From the Paper
"In a model society each individual would strive selflessly for the common good. In reality, various tactics need be employed on behalf of those granted power and by the majority in order to maintain such social order, against deviants that threaten to undermine it. How social order is possible and how it is maintained has been one of the most fundamental questions of sociology since its beginning (Dittrich et al., 2003). The same, however, cannot be said for the study of crime since crime and criminology have not always raised concerns for the maintenance of social order, but rather looked at what individual aspects make some people deviant from the norms set by society."

Tags:collar, control, criminological, criminology, power, thories, white

Abstract
This paper examines the concept of conventions, in particular those relating to responsibility within the British government and the cabinet. It comments on the effectiveness of the concept as a means of restraining executive power. The paper examines the role of the House of Lords in terms of the recent changes and proposed reforms.

From the Paper
"In Britain we have an unwritten constitution, which involves a number of non-legal conventional rules. These conventional rules mostly deal with the major responsibilities of government and it could be said that in general they are rules of non-legal accountability. Therefore, accountability of government is widely based on conventions and these conventions will discuss in detail, particularly those relating to the accountability of both government ministers and members of parliament."

Tags:accountability, government, britain, cabinet, executive, power, england

Abstract
This paper addresses the question of whether the legal profession is justified in holding UK organisations liable for employees abuse of electronic mail systems in the workplace.

From the Paper
"Should an employer be deemed liable for e-mail messages written by one employee, and sent to another employee, without the employers knowledge or consent, this has begun to happen over the past few years. Employers are finding themselves facing spiralling legal costs when employees sue for sexual or racial harassment. UK governments have been reluctant to lay down laws with respect to electronic communications and employees rights in the workplace, inevitably this has led to an increase in cases brought against employers. Organisations are beginning to fight back, with covert monitoring of personal e-mail sent by employees. Recent legal cases are reported and particular attention is paid to both employees and employers perspectives, with consideration to relevant statute."

Tags:communication, technology, computer, data, employee, employer, ethic, fraud, government, guidelines, harassment, law, monitoring, policy, protection, racial, sexual, surveillance

Abstract
This essay discusses the ways in which a stakeholder approach to corporate governance would differ from the existing system of a stockholder approach in the UK. A definition of corporate governance is provided along with the differences between stakeholder and stockholder approaches to this particular issue. The extent to which a stakeholder approach would change the existing system is also investigated. References and evidence to support these arguments are provided throughout the essay.

From the Paper
"The new proposal of corporate governance is that of a stakeholder approach. The fundamental principle behind this concept is that shareholders are no longer the only members of an organization who have an interest in the conduct and performance of the company. This is supported by Demb & Neubauer (1992) who state "corporate governance is the process by which corporations are made responsive to the rights and wishes of stakeholders". J. Kay (1995) also states "it is the purpose of companies to maximize its profits or to develop its business in the interests of customers, employees, suppliers and other stakeholders in the wider community." "

Tags:corporate, freeman, friedman, goodpaster, governance, stakeholder, stockholder

Abstract
This paper discuss the problem of cyber squatting along with specific legislation and organizations' rights over their business identity. The issue of trademark is examined and the current domain name registration process is analyzed. Examples are stated involving recent legal cases of domain name abuse.

Tags:arbitration, business, copyright, court, internet, law, legal, name, organization, provider, service, trademark, web

Abstract
This paper examines how HLA Hart, a legal positivist, developed his theory on the notion that for a legal system to exist it should comprise entirely of rules and how within this legal system, Hart states that rules are divided into either primary or secondary rules. It looks at how Ronald Dworkin's theory, on the other hand, is founded on criticisms of Hart?s theory. It seeks to analyze Hart's Postscript to "The Concept of Law" and determine to what extent has Hart successfully defended his theory against his critics.

From the Paper
"The basis of Dworkin's theory is founded on criticisms of Hart's theory. Dworkin pictures law as a "gapless" legal universe in which there is always a right answer. He suggests that there is much more to the law than just rules, contending that the Positivist view of a system of rules ignores the important roles of other standards which are not identified as "rules." Dworkin maintains that principles and policies play a crucial role in judicial reasoning, particularly when the existing rules of law prove controversial in a case, as evidence in Riggs v Palmer (1889). This case example provides an intuitive sense of Dworkin's idea of principles."

Tags:positivism, principles, rules