• Refine Query
  • Source
  • Publication year
  • to
  • Language
  • 2168
  • 1690
  • 701
  • 631
  • 207
  • 173
  • 123
  • 91
  • 77
  • 68
  • 57
  • 47
  • 47
  • 47
  • 47
  • Tagged with
  • 7095
  • 2423
  • 992
  • 882
  • 857
  • 806
  • 784
  • 751
  • 587
  • 554
  • 553
  • 509
  • 508
  • 450
  • 449
  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
431

A tributação das manifestações de fortuna: Contributo para análise, avaliação e intervenção normativa

Lopes, Carla Maria Correia 06 January 2011 (has links)
Mestrado em Direito / Law / No âmbito do combate à fraude e evasão fiscais, a ocultação de rendimento e a falta de veracidade declarativa não têm suscitado muito interesse de análise à doutrina portuguesa, sendo poucos os estudos que versam sobre os mecanismos legais de detecção de comportamentos evasivos, exteriorizados nos consumos de luxo e em acréscimos de património não sustentados e desfasados das declarações de rendimento dos contribuintes. Este trabalho visa, em primeiro lugar, analisar o regime jurídico que o ordenamento jurídico fiscal português estabelece para tributar rendimentos ocultos e perseguir tais comportamentos, com a consagração de um sistema de avaliação indirecta do rendimento pessoal, através do estabelecimento de presunções, as chamadas manifestações de fortuna e correspondentes rendimentos padrão. Inspirado nas directrizes que geralmente são utilizadas para fazer estudos de avaliação de impacto legislativo e por recurso a um conjunto de decisões judiciais que os tribunais superiores foram proferindo nesta matéria, procura-se identificar quais os principais problemas que a aplicação do referido sistema normativo suscita. Em ordem a incrementar a efectividade e a eficácia deste regime de combate à fuga aos impostos, são sugeridas três opções de intervenção legislativa e elege-se aquela que, com mais probabilidade, potencia o melhor resultado no alcance do objectivo do legislador. / In the context of fraud and tax evasion combat, income occultation and lack of declaration veracity have been scarcely approached in the Portuguese doctrine analysis, with limited studies on the topic of the legal mechanisms for detection of evasive behaviour, as manifested in luxury expenditures and ownership increases, unsubstantiated and in disagreement with the income tax declarations. This study aims to analyse the juridical regime that the Portuguese tax law determines to tax hidden incomes and pursue such behaviours, with the implementation of an indirect personal income evaluation, through the institution of presumptions, the so called fortune manifestations and corresponding standard incomes. Inspired in methods classically used in legal impact evaluation studies and using a series of judicial decisions exuded by the superior courts on this subject, we aimed to identify the main problems resulting from this system enforcement. To increase the effectiveness and efficacy of this fraud and tax evasion combat regime, three legal intervention hypothesis are suggested, with a particular preference for the one with higher probability to amplify the best results in the pursue of the legislator objectives.
432

A responsabilidade civil pelos conteúdos ilícitos colocados e difundidos na Internet - em especial da responsabilidade pelos conteúdos gerados por utilizadores

Costa, João Pedro Fachana Cardoso Moreira da January 2011 (has links)
Mestrado em Direito / Law / Esta dissertação tem como objectivo a aplicação do sistema dogmático comum da responsabilidade civil à realidade da Internet, no sentido de determinar de que forma pode o instituto da responsabilidade civil actuar sobre os conteúdos ilícitos colocados e difundidos em rede, em particular quando estes são gerados pelos próprios utilizadores dos serviços da Internet. Visa-se, em primeiro lugar, explorar questões-chave relativamente à responsabilidade civil do utilizador que coloca ou difunde o conteúdo ilícito em rede, nomeadamente quanto ao preenchimento dos cinco pressupostos da responsabilidade civil, bem como outras questões acessórias como as hipóteses da relevância da culpa do lesado na Internet, bem como o problema que o anonimato na rede levanta. Num segundo momento, pretende-se explorar a responsabilidade civil dos prestadores de serviços intermediários, cujas actividades são aptas a difundir conteúdos ilícitos na rede. Em particular, estuda-se o regime português vigente relativamente a esta matéria, sem descurar uma análise ao Direito Comparado, nomeadamente o regime comunitário uniforme e o regime norte-americano. Por fim, pretende-se averiguar se, à luz do paradigma da web 2.0, o sistema vigente mantém a sua força original, face às novas tendências que se verificam em vários ordenamentos jurídicos. Conclui-se pela manutenção, no essencial, do regime de isenção de responsabilidade dos prestadores de serviços intermediários, não obstante a nova realidade da web 2.0 implicar, pelo menos, uma inversão do ónus da prova das condições de isenção. / The objective of this dissertation is the application of the civil liability traditional dogmatic system to the present Internet space, in order to appraise the way that the civil liability approach can be used to act upon unlawful contents uploaded and disseminated in the network, mainly when these are generated by the actual users of Internet-based services. In a first stage we will focus on key questions concerning civil liability of the user that uploads or disseminates unlawful contents in the network, in particular regarding the fulfillment of the five requirements of civil liability, as well as other issues as the hypothesis of the relevance of guilt of the offended part in Internet context, as well as the problem drawn by anonymity in the network. In a second moment we will explore civil liability concerning intermediary services providers whose activities are capable of distributing unlawful contents in the network. In particular, we will study the Portuguese legal system concerning this issue without overlooking a comparative law analysis, mainly related to the uniform European legal system and the North American legal system. Ultimately, we aim to investigate if, under the paradigm of web 2.0, the current system keeps its original strength, when facing the new tendencies that are emerging in several law orders. We conclude for the maintenance of the core of the regime of exemption of liability for intermediary service providers notwithstanding, at least, that the new web 2.0 reality will require an inversion of the burden of proof of liability exemption.
433

Polícia Municipal. Contributo para uma revisão da Lei Orgânica.

Pais, Laura Rita Cabral Lopes 07 December 2010 (has links)
Mestrado em Direito / Law / O presente trabalho tem como objecto de estudo a Polícia Municipal, um novo modelo de polícia que veicula a almejada descentralização territorial da segurança, consagrada constitucionalmente em 1997 com a IV Revisão à Constituição da República Portuguesa. Para se obter uma maior percepção do desempenho desta polícia no terreno, recorreu-se a uma amostra de estudo que compreende as Polícias Municipais inseridas na área metropolitana do Porto. Pretende-se a concretização de determinados objectivos, sendo o primeiro dar a conhecer os contextos e conceitos históricos/jurídicos subjacentes à sua criação, em seguida demonstrar que a Polícia Municipal, apesar de possuir uma natureza essencialmente administrativa, tem como atribuição a cooperação com as Forças de Segurança na manutenção da tranquilidade pública e protecção das comunidades locais, e deriva da prossecução das suas atribuições e competências o contacto directo e permanente com o crime, ainda que restrito ao flagrante delito, desempenhando a tão afamada subsidiariedade e complementaridade com as Forças de Segurança. Pretende-se, ainda, demonstrar que a limitação imposta por Lei, ao desempenho de competências de órgão de Polícia Criminal, no estrito cumprimento das suas funções, retira operacionalidade e aumenta o volume de trabalho nas Forças de Segurança, dado que são estas últimas que têm que efectuar todo o procedimento processual penal inerente à detenção do autor do crime, e o dever de colaborarem no inquérito promovido pelo Ministério Público. O trabalho encontra-se dividido em três capítulos, sendo o primeiro relativo ao enquadramento teórico da Polícia Municipal no ordenamento jurídico português; o segundo patenteia a materialização desta polícia e os seus serviços em alguns Municípios que compreendem a área metropolitana do Porto; e o terceiro compreende o estudo avaliativo entre as diferentes personalidades jurídicas que cooperam no terreno com a Polícia Municipal e, ainda, a filosofia do policiamento de proximidade, a sua potencialidade na sociedade portuguesa e a sua possível realização através da Polícia Municipal. O estudo permite extrair as principais conclusões de que a legitimidade de actuação e autoridade das Policias Municipais residem não só da letra da Lei, como se encontram ainda justificadas historicamente. Após a análise jurídica, não se vislumbra impedimento ao desempenho de órgão de Polícia Criminal no estrito cumprimento das suas competências. Este modelo existe em mais países Europeus, tendo evoluído em todas as frentes acabando por lhes ser reconhecido o estatuto de polícia mais próxima do cidadão. Já em Portugal, julga-se existir pouca vontade política para que as Polícias Municipais evoluam. Volvidos onze anos da existência de Polícia Municipal em alguns Concelhos, constata-se que, a associação nacional de municípios portugueses, representante dos interesses dos municípios, não pretende uma uniformização do modelo das Polícias Municipais em Portugal e os Ministérios que detém a tutela não promovem a regulamentação da lei na sua plenitude. / The present work has as object of study the Municipal Policy, a new model of policy that propagates the longed for territorial decentralization of the security, consecrated constitutionally in 1997 with IV the Revision to the Constitution of the Portuguese Republic. To get a bigger perception of the performance of this policy in the terrain, a sample of study was appealed to it that understands the inserted Municipal Policies in the area metropolitan of the Porto. It is intended concretion of definitive objectives being the first one to give to know the historical contexts and underlying legal concepts to concerning its creation, in followed to demonstrate that the Municipal Policy, although to possess an essentially administrative nature, has as attribution the cooperation with the Forces of Security in the maintenance of the public tranquility and protection of the local communities, and drift of the prosecution of its attributions and abilities the direct and permanent contact with the crime, despite restricted to the crime detected in the act, in performance the so famous subsidiary and complementarities with the Security Forces. One intends, still, to demonstrate that the limitation imposed by Law to the performance of abilities of the group of Criminal Policy, in the strict accomplishment of its functions, removes operationalization and increases the volume of work in the Forces of Security, facts that are these last ones that they have to all effect the inherent criminal procedural, process to the detention of the author of the crime, and the duty to collaborate in the inquiry promoted for the Public prosecution service. The work is divided in three chapters, being the first one relative to the theoretical framing of the Municipal Policy in the Portuguese legal system, the second as its patents the materialization of this policy and it s services in some Cities that understand the area metropolitan of the Porto, and third it understands the evaluated study between the different legal figures that cooperate in the land with the Municipal Policy and, still, the philosophy of the proximity policing, its potentiality in the Portuguese society and its possible accomplishment all throughout the Municipal Policy. The study allows to extract as main conclusions, that the legitimacy of performance and Municipal authority of Policies not only of the letter of the Law, but also is justified historically. After the legal analysis, if does not glimpse obstruction to the performance of the Agency of Criminal Policy in the strict realization of its functions and competences. This model exists in more European countries, having evolved in all the fronts finishing for them to be recognized the statute of policy next to the citizen. Already in Portugal, it is judged to exist little will politics, so that the Municipal Policies do not evolve. After eleven years of the existence of Municipal Policy in some cities, evidences that, the national association of Portuguese cities, representative of the interests of the cities, do not intend the unified of the model of the Municipal Policies in Portugal and the Ministries that the guardianship withholds they do not promote the regulation of the law in its fullness.
434

The rule of law, prosecutorial independence and accountability in a nascent constitutional democracy

Monene, Malose Samuel January 2010 (has links)
Thesis (LLM. (Development and management law)) --University of Limpopo, 2010 / This study probes the topical issue of prosecutorial independence in post 1994 South Africa in order to begin to determine how the new democratic constitutional dispensation has and should have affected the independence of our prosecutors. It also explores, albeit introductorily, the intersection of prosecutorial and judicial independence by suggesting that the much vaunted judicial independence in South Africa can prove mythical if prosecutorial independence is not vigorously and unflinchingly championed. The study also looks into what role accountability plays both as a pro and a con for prosecutorial independence within the parameters of the rule of law. Furthermore a comparative analysis of some fellow Commonwealth of Nations jurisprudences is embarked upon with a view to see what lessons can be learned and which prosecutorial approach tutorials are worth bunking. With a critical approach which is historical, contemporary and contextual, the study goes on to marry South African legal instruments, prosecutorial policies and other relevant literary insights to contemporary intersections ,interactions and frictions between law and politics in South Africa. The study seeks to begin to suggest a rule of law based but reasonably accountable prosecutorial approach for this country.
435

Career trajectories among lawyers : the evolving role of social capital

Sanchagrin, Kenneth Jan-Michael 01 May 2014 (has links)
Although lawyers as a group represent some of the wealthiest and most politically powerful professionals in the United States, within the profession there is a significant amount of inequality. In spite of the divisions that exist within the profession, our understanding of the sources of inequality among attorneys remains limited. This project seeks to address this limitation by investigating how human, cultural, and social capital, along with demographic characteristics, are associated with the development of inequality among a cohort of recent law school graduates as they proceed through the first decade of legal practice. Specifically, using a dataset entitled After the JD: A Longitudinal Study of Careers in Transition, the project examines the relationships between recently minted lawyers' various forms of capital and positive career outcomes during three time periods: the law school-to-work transition, the first two years of legal practice, and the time period where private law firm associates compete to become partners. Findings indicate that each form of capital plays important roles throughout the first decade of practice. During the law school-to-work transition, interpersonal and organizational connections, along with human capital in the form of educational credentials, are associated with gaining employment in prestigious, high paying private law firms. Similarly, during the first few years of practice, connections formed with peers, professional groups, mentors, supervisors, and employers contribute to satisfying work environments. The models show, however, that access to these professional connections, depend on the gender, race, and sexual orientation of the individual lawyers in question, and that, in general, minority groups are at a disadvantage when it comes to the formation and maintenance of these types of professional ties. Finally, the findings also demonstrate that human, social, and cultural capital remain important predictors of career success during the transition to partnership in private firms.
436

Islamic banking in Bangladesh

Ahmad, Abu Umar Faruq, University of Western Sydney, College of Law and Business, School of Law January 2002 (has links)
This study is primarily concerned with the theory of Islamic banking and its practice in Bangladesh, and shari’ah and its four sources forming the basis of Islamic banking are discussed at length. The research seeks to: analyse the theoretical foundations of Islamic baking and practice in Bangladesh; examine areas of similarity and differences between the structure and practices of Islamic banking and conventional banks; and identify the problems, challenges and prospects of Islamic banking in Bangladesh. The dissertation examines primary and secondary sources and draws on fieldwork in Bangladesh and the author’s personal experiences. The study undertaken shows that over the years there has been an expansion of Islamic banking in Bangladesh. Islamic banks are competing successfully with their conventional counterparts in an environment where rules, regulations and regulatory bodies are designed to facilitate banking based on interest. At the same time it has become apparent that the profit and loss sharing framework, which is one of the cardinal principles of Islamic banking, has yet to take deep root. The current profitability of Islamic banks is often maintained by products and services, which on closer analysis resemble broadly the products of conventional banking. It is thus suggested that more in depth research should be undertaken by Islamic bankers and scholars to study products and services of conventional banking with a view to adapting them successfully to the tenets of shari’ah. / Master of Laws (Hons)
437

Beyond the Scientology case: towards a better definition of what constitutes a religion for legal purposes in Australia having regard to salient judicial authorities from the United States of America as well as important non-judicial authorities. / A better definition of religion for legal purposes in Australia.

Ellis-Jones, Ian January 2007 (has links)
The aim of this thesis is to formulate a better definition of religion for legal purposes than the formulation arrived at by the High Court of Australia in the 1983 decision of Church of the New Faith v Commissioner of Pay-roll Tax (Vic). In that case, known in Australia as the Scientology (or Church of the New Faith) case, two of five justices of the High Court of Australia considered belief in a supernatural Being, Thing or Principle to be an essential prerequisite for a belief system being a religion. Two other justices stated that if such belief were absent it was unlikely that one had a religion. There are major problems with the High Court’s formulation in the Scientology case. First, it does not accommodate a number of important belief systems that are generally regarded as being religious belief systems, even though they do not involve any notion of the supernatural in the sense in which that word is ordinarily understood. Secondly, the Court provided little or no guidance as to how one determines whether a particular belief system involves a supernatural view of reality. The guidance that was given is ill-conceived in any event. Thirdly, it is philosophically impossible to postulate a meaningful distinction between the “natural” and the supposedly “supernatural” in a way that would enable the courts and other decision makers to meaningfully apply the “test” enunciated by the Court. The thesis combines a phenomenological approach and the philosophical realism of the late Professor John Anderson with a view to eliciting those things that permit appreciation or recognition of a thing being “religious”. Ultimately, religion is seen to comprise an amalgam of faith-based ideas, beliefs, practices and activities (which include doctrine, dogma, teachings or principles to be accepted on faith and on authority, a set of sanctioned ideals and values in terms of expected ethical standards and behavior and moral obligations, and various experientially based forms, ceremonies, usages and techniques perceived to be of spiritual or transformative power) based upon faith in a Power, Presence, Being or Principle and which are directed towards a celebration of that which is perceived to be not only ultimate but also divine, holy or sacred, manifest in and supported by a body of persons (consisting of one or more faithxvii based communities) established to give practical expression to those ideas, beliefs, practices and activities. The new definition is tested against 3 very different belief systems, Taoism (Daoism), Marxism and Freemasonry.
438

Schools and the law: emerging legal issues internationally with implications for school leaders in Singapore

Teh, Mui-Kim January 2008 (has links)
[Abstract]: Singapore schools had encountered little involvement with legal issues in the past, and there had been a general feeling of complacency amongst educators that the situation was unlikely to change. Yet many English-speaking countries across the world had been experiencing increasing exposure to legal issues in their schools, and the question was whether Singapore was likely to share the same experience over time. Strong indications were beginning to appear that the situation was indeed changing, including a number of reported incidents in schools and evidence of changing attitudesamongst parents and educators.The study set out, therefore, to examine the types of legal issues that were emerging on the international scene, and particularly in the major jurisdictions withrelevance to Singapore, and to understand what the implications might be for Singapore. Thus, it was intended to identify the legal issues that seemed likely tobecome more prominent in the Singapore education system, to draw comparisons with events in other countries, and to examine the strategies that school leaders might adoptin order to manage legal risk effectively.This exploratory study used a mixed-method design, including document analysis and legal research, exploratory pilot interviews, in-depth interviews with verbatim transcription, and Q Methodology, which combined quantitative and qualitative techniques in order to interrogate and understand opinion. The study was conducted in four phases, moving from a broad survey of developments internationally, through a detailed analysis of issues in Singapore schools, to a deep understanding of the strategy preferences for coping with legal risk amongst senior educators. This then gave rise to aset of recommendations that could be used by policy makers and implementers, and by senior personnel in schools, to avert and manage legal risk and incidence in schools.
439

Markets for Legal Claims

Waye, Vicki Catherine January 2007 (has links)
PhD / Access to justice is an important human right that ensures adequate redress for harm, and which consequently helps deter future wrongdoing. Without access to justice citizens are precluded from the full enjoyment of their economic and social entitlements. The cost of litigation is a significant impediment to access to justice. Although the courts have attempted to increase access to justice by broadening the range of available dispute resolution options and by improving productivity through the implementation of case flow management systems, the cost of prosecuting claims remains disproportionately high and unaffordable for most small to medium sized claimholders. Legal claim assignment to parties able to aggregate claims and to apply their expertise as litigation entrepreneurs to deal with claim prosecution efficiently is one means of redressing the imbalance between the cost of claim prosecution to individual claimholders compared to the value of their claims. However, the well-entrenched doctrines of maintenance and champerty prohibit legal claim assignment. The continued resort to the doctrines of maintenance and champerty despite a strong and independent modern judiciary reflects distaste for claim commodification. However, the advent of litigation funding and its acceptance by the High Court of Australia in Campbell’s Cash and Carry v Fostif Pty Ltd (and to some extent United Kingdom and United States courts) on access to justice grounds has challenged conventional maintenance and champerty dogma. Together with other measures such as the introduction of conditional fee agreements that shift the cost of funding access to justice from the public to the private purse, the resistance to full claim alienability has been significantly weakened. The thesis argues that full claim alienability is favoured on normative and efficiency grounds and examines developments in Australia, England and the United States, which portend toward claim commodification. In addition, the thesis examines regulatory instruments required to ensure that the present partial claim market and the potential full claim market operates fairly and efficiently. It also considers how claim commodification may affect the relationship between legal practitioners and claim holders. [Please note: For any information on access to the full text please conact the author.]
440

Law and society across the Pacific: Nevada County, California 1849-1860 and Gympie, Queensland 1867-1880

Chapple, Simon James, History & Philosophy, Faculty of Arts & Social Sciences, UNSW January 2010 (has links)
This thesis explores the connection between legal history and social history through an analysis of commercial, property and criminal laws, and their practical operation, in Nevada County, California from 1849 to 1860 and the Gympie region, Queensland from 1867 to 1880. By explaining the operation of a broad range of laws in a local context, this thesis seeks to provide a more complete picture of the operation of law in each community and identify the ways in which the law influenced social, political and economic life. The history of law cannot be separate from its social, economic, geographic, and political context. Each of these factors influenced both the text of the laws, and their practical application. In the Gympie region and Nevada County, the law had the effect of, in various guises, safeguarding private property, promoting short term productivity, and enforcing public morality. This was often at the expense of individual autonomy, the physical environment and the rights of minority groups. This was not a result of the operation of one dominant force in the lawmaking process. Instead, government regulation, government inactivity, informal customs, and judicial lawmaking worked together to create a legal order on either side of the Pacific. The comparison reveals that the same pattern of tensions gave the legal regime in each region a substantially similar shape. At another level, this thesis demonstrates that two regions, although on different continents and separated by a 20 year time gap, were nevertheless linked across time and space. By comparing the regions, this thesis demonstrates the possibilities of a more international legal history. While there were certainly differences between each region, these differences should not obscure the substantial similarities, and the fact that an analysis of these similarities illuminates the shared influences between the regions. By conceiving of legal regimes as being shaped by shifting patterns tensions, defining the pattern of those tensions, and then connecting those patterns across national borders it is possible to write a more complex, interesting, and transnational version of legal history.

Page generated in 0.0547 seconds