Position Of Defendant Research Articles

Trend of Gross Domestic Product and Per Capita Income of Bangladesh: Past, Present, and Future

Bangladesh's per capita income was half of that of India in 2007. Today, it has surpassed India. The Asian Development Bank has estimated that Bangladesh's GDP will grow at a rate of 6.6% hereafter. According to the 2022 Economic Freedom Index, Bangladesh's economy placed in the 137th position with a score of 52.7 in the World. In the Asia-Pacific region, Bangladesh ranked 29th position out of 39 countries. The resilience of COVID-19 impinged the average growth of the economy. International Monetary Fund (IMF) has envisaged that the World may experience a challenging recession-like situation in 2023. Hence, the present paper attempts to predict the economic condition of Bangladesh through its GDP and Per Capita Income. The study considers 51 years of GDP and Per Capita Income growth data. It has adapted the Trend Projection Method, a linear regression technique, and the Least Square method to analyze data to get the future trend. It has been found that GDP was grown at an average rate of 4.4% and Per capita income at an average rate of 1.8% since 1971. The study reveals that GDP and Per Capita Income may grow at 7% and above hereafter. Hence, appropriate strategies and economic policies of the Government of Bangladesh create a defendable position that safeguards the country's economic condition.

Juridical Study Dispute Settlement Process Cancellation of Sale and Purchase of Land Rights and Joint Assets

The research was conducted aiming to find out how the process of settlement of land sale and purchase disputes was carried out. The research was conducted with reference to the applicable laws and regulations. Data analysis using data equations that have been obtained at the time of the study finally obtained the following research results: (1) Based on the decision of the case Number: 62/Pdt.G/2013/PN. Tk is a problem in the implementation of the sale and purchase of joint assets carried out without the consent of one of the parties. The decision of the panel of judges in Decision Number : 62/Pdt.G/2013/PN.Tk which rejected the plaintiff's claim was correct. This is because the disputed land is not a joint property (gono gini) of the Plaintiff and Defendant II. Defendant II did not act for himself but only served as a "proxy". The position of Defendant II who only acts as the "power" to sell the disputed land is reasonable because as has been considered above.

A Review of the Standard of Care Owed to Australian Firefighters from a Safety Perspective—The Differences between Academic Theory and Legal Obligations

Working in high consequence yet low frequency, events Australian fire service Incident Controllers are required to make critical decisions with limited information in time-poor environments, whilst balancing competing priorities and pressures, to successfully solve dynamic large-scale disaster situations involving dozens of personnel within the Incident Management Team, including of front-line responders from multiple jurisdictions. They must also do this within the boundaries of public and political expectations, industrial agreements, and the legal requirement to maintain a safe workplace for all workers, inclusive of volunteers. In addition to these operational objectives, fire services must also provide realistic training to prepare frontline staff, whilst satisfying legislative requirements to provide a safe workplace under legislation that does not distinguish between emergency services and routine business contexts. In order to explore this challenge, in this article we review the different safety standards expected through industrial and legal lenses, and contextualize the results to the firefighting environment in Australia. Whilst an academic argument may be presented that firefighting is a reasonably unique workplace which exposes workers to a higher level of harm than many other workplaces, and that certain levels of firefighter injury and even fatality are acceptable, no exception or distinction is provided for the firefighting context within the relevant safety legislation. Until such time that fire services adopt the legal interpretations and applications and develop true safety management systems as opposed to relying on “dynamic risk assessment” as a defendable position, the ability of fire services and individual Incident Controllers to demonstrate they have managed risk as so far as reasonably practicable will remain ultimately problematic from a legal perspective.

Role and Position of the Defendant in the Plea Agreement

The object of this study is the plea agreement in the criminal procedure of Kosovo. The study focuses on defining the understanding of the plea agreement, specifying the role and position of defendant in the plea agreement, specifying the rights and obligations of the defendant in the plea agreement, and on the elaboration of the importance and effects of the plea agreement for the defendant and withdrawal of such agreement for the reasons that may be related to it. The results of this paper prove that the guilty plea agreement in the Kosovo courts practice has had a direct effect on mitigation the level of sentence or in some cases acquits punishment. Looking into this aspect, the biggest benefits resulted on favor of defendants with the status of cooperative witness. The contribution of this paper is theoretical and practical, since it deals with an issue almost untreated in Kosovo. These issues focus on legal solutions, theoretical approach, as well as operational aspects concretized in the practical activity of criminal procedure subjects. The legal, comparative, tracing and theoretical analysis methods have been helped in the preparation of this study.

Ontological Reflections on What There Is

Ontology is the name of the philosophical discipline that provides answers about what there is. The view laid out in the paper, i.e. austere realism, is realistic in that it defends the existence of a thought and language independent world. It is also inclined towards austerity in that it does not take this world to be as richly ontologically populated with entities as common sense initially presupposes. Yet it is a view that results from common sense taking a reflexive attitude about its ontological commitments. Despite its austere consequences, according to this view, many thoughts and sentences expressed by common sense are true, provided that truth is not considered as direct correspondence, i.e. not as the ultimate ontological correspondence to the world. This is enabled by the construal of truth as indirect correspondence that merges the world and contextually operative semantic standards. Such a combined ontological cum semantic view seems a plausible and a well defendable position.

129 Million Class Members $0, Charities $6.5 Million, Attorneys $2 Million: Are Cy Pres-Only Settlements Fair, Adequate and Reasonable?

This article discusses the Supreme Court appeal in Frank v. Goas, to be argued before the Court on October 31, 2018. This appeal involves a class action settlement with Google, approved by the Ninth Circuit, where the 129 million class members received no compensation, the class action attorneys received $2.125 million in attorney fees, and Google and the class counsel agreed to contribute $6.5 million to be distributed to seven charitable and non-profit organizations as a cy pres resolution of the litigation. The Court will decide whether such cy pres-only awards in settlement classes comport with the Rule 23(e) requirement that such settlements be “fair, adequate, and reasonable.” Class action attorneys will be closely watching the Court’s attention to the issue of cy pres relief in class action settlements. Cy pres provisions have become increasingly prevalent in settlement agreements, raising heightened judicial concern and academic criticism. Notwithstanding the increasing concern, lower courts continue to approve settlement agreements with cy pres provisions, and class action lawyers continue to expand their use. The Frank appeal embodies both the ideal as well as the imperfect vehicle for the Court to address the issue of cy pres relief. The Frank appeal could hardly have embraced a more extreme exemplar of possible cy pres overreaching: a no-compensation class, cy pres-only settlement, with 25% attorney fee. The Court might adopt one of several approaches to addressing the use of cy pres relief in settlement agreements. Radically, the Court could declare cy pres provisions unconstitutional and not sustainable under Rule 23: issuing a categorical ban urged by objector Frank. This outcome would be possible if the Court’s conservative wing endorsed this result. But at least some conservative Justices will recognize that corporate defendants sometimes desire cy pres provisions – as did Google here – and therefore have little interest in a Court-mandated outright ban. A bright-line prohibition on cy pres awards, however, most certainly would not be joined by the Court’s liberal Justices. More likely, however, given the extreme nature of the Google agreement, the Court will probably choose not to throw the proverbial baby out with the bathwater. Thus, it is possible that the Court may disapprove the cy pres-only settlement in the Google litigation, but nonetheless preserve the possibility of cy pres in more limited circumstances. The Court may set forth parameters and rules governing the permissible scope of cy pres relief that acknowledge the concerns raised by the objector, but nonetheless recognize situations where cy pres relief makes sense, as urged by the Respondents and various amici. This compromise position could conceivably earn the endorsement of both liberal and conservative Justices. The complicated role that cy pres relief plays in the class settlement arena is reflected in the interesting array of amicus briefs. Normally, one would expect that the usual cohort of corporate, anti-class action groups to weigh in opposition to cy pres relief. However, corporate defendants sued in consumer class litigation do not always oppose cy pres remediation and frequently coordinate with class counsel to craft cy pres settlements that are to the defendants’ advantage. Google’s hybrid brief, urging that the Court uphold the cy pres settlement while urging the Court to address various class action abuses, captures the complex position of defendants regarding this appeal. On the contrary, the usual array of plaintiff-minded organizations have aligned to ask the Court to uphold the Ninth Circuit’s decision, and not outright ban or restrict cy pres relief, stressing the constructive benefits to society of various cy pres settlements, including support of legal aid entities otherwise publicly underfunded.

Defendant Intermediaries in the Criminal Justice System: Is Northern Ireland Leading the Way?

Intermediaries for vulnerable witnesses have been available in criminal courts since enactment of the Youth Justice and Criminal Evidence Act 1999. This short policy briefing looks at the position of defendants in Northern Ireland and asks whether lessons can be learnt from intermediary practice in that jurisdiction.

A Pragmatist Vision of Realism

The article remarks that, despite what many relativists claim, realism still is an arguable and defendable position. Realism is for sure quite an unpopular stance today, but the standard arguments against it are by no means conclusive. If one asks what difference is made to our knowledge claims if we accept the existence of an extra-conceptual world, the answer is the following: such recognition is likely to undermine the largely diffused anthropocentric stance which identifies reality with our (limited) knowledge of it.

Obstacle Avoidance Functions on Robot Mirosot in the Departement of Informatics of UPN “Veteran”

The robot is a machine that can perform physicalactivity repeatedly, either with human control or worksautomatically with the use of artificial intelligence. In the process,the robot can perform various kinds of sports, one of which is abranch of football. Robot football match organized by theFederation of International Robot-Soccer Association (FIRA)consists of several categories, one of which Micro Robot SoccerTournament (MiroSot). MiroSot is five to five games consisting of arobot measuring 7.5 cm x 7.5 cm x 7.5 cm were able to move andadapt to the environment without human intervention. CurrentlyInformatics UPN Veteran Yogyakarta began to develop MiroSotbut there are still some problems found that the movement of therobot is irregular, so that frequent collisions of the robot opponent.So it takes a function to avoid obstacles on the robot MiroSot.Capitalize knowledge of Obstacle Avoidance of the book SoccerRobotics [1], the function of avoiding obstacles using the potentialfield based navigation univector algorithm to determine the futurepath of the robot and dodge the functionality tailored to thecharacteristics of the robot MiroSot Information Engineering UPNVeteran Yogyakarta. The program is created usingprogramming language C ++ with Visual Studio 2008 IDE and sentto the robot from the main computer via radio frequency, the robotcan move properly using speed camera support above 50 framesper second as robot vision. Function to avoid obstacles on the robotdefender position MiroSot in the Departement Informatics of UPNVeteran Yogyakarta made this using the function position tomove towards the goal and using mathematical calculations todetermine the movement path avoiding obstacles based on potentialfield. In the development of this function can avoid obstacles in theform of a robot team, not only the robot opponent avoided. Whenthe moving speed of the robot was given control of the speeddepends on the distance of the destination position or positions arealso obstacles. The use of sensors gyroscrope expected to provide aneffective movement while avoiding obstacles. The success rate usinga gyroscope sensor to avoid obstacles on the position of defender of96% and the average time needed to reach the goal position at 5:33seconds so much faster.

Psychiatric evidence and mandatory disposal: Article 5 compliance?

This Article considers the position of defendants charged with murder who are found to be unfit to plead or insane at the time of the offence. If the court is satisfied that the defendant did the act charged as murder then the judge has no option but to impose a hospital order with restrictions. This Article examines the statutory requirements for medical evidence prior to a finding of unfitness or insanity and asks whether this satisfies the requirements of Article 5 of the European Convention on Human Rights. It concludes that there is no obvious justification for requiring defendants to be sent to hospital in the absence of a conviction where the medical evidence does not indicate that such a disposal is necessary. It follows that the current practice is likely to violate the Convention.

Načelo in dubio pro reo kao obeležje pravičnog krivičnog postupka

This paper is dedicated to the principle of criminal proceedings known as 'in dubio pro reo'. This legal rule has been elevated at the rank of a procedural principle after it has been incorporated into Serbian positive law with the intention to additionally safeguard and upgrade the defendant's position. Accordingly, it will be presumed that the facts that are not proved beyond any doubt during the course of criminal proceedings do not exist. After ascertaining the content and legal nature of this principle, the relevant jurisprudence will be examined. Applying this principle by the public prosecutor is also elaborated, through the analyses of the still existing Criminal Proceeding Code and the new Code enacted in 2011. At the end, the importance of the principle 'in dubio pro reo' will be postulated as part of contemporary criminal proceedings and Rule of Law.

Porter’s Generic Competitive Strategies

Generic Competitive Strategy: Basically, strategy is about two things: deciding where you want your business to go, and deciding how to get there. A more complete definition is based on competitive advantage, the object of most corporate strategy: “Competitive advantage grows out of value a firm is able to create for its buyers that exceeds the firm's cost of creating it. Value is what buyers are willing to pay, and superior value stems from offering lower prices than competitors for equivalent benefits or providing unique benefits that more than offset a higher price. There are two basic types of competitive advantage: cost leadership and differentiation.” Michael Porter Competitive strategies involve taking offensive or defensive actions to create a defendable position in the industry. Generic strategies can help the organization to cope with the five competitive forces in the industry and do better than other organization in the industry. Generic strategies include ‘overall cost leadership’, ‘differentiation’, and ‘focus’. Generally firms pursue only one of the above generic strategies. However some firms make an effort to pursue only one of the above generic strategies. However some firms make an effort to pursue more than one strategy at a time by bringing out a differentiated product at low cost. Though approaches like these are successful in short term, they are hardly sustainable in the long term. If firms try to maintain cost leadership as well as differentiation at the same time, they may fail to achieve either.

Marketing Strategies for the Primary Sector: An Empirical Study

1. Introduction Marketing channels are very important in the farming sector since it comprises a large number of small agricultural holdings, most of the agricultural products are undifferentiated, and the farming enterprises are isolated for the final consumer (Ritson 1997). Distribution channel choice is one in which an organization can achieve its marketing objectives within the framework of its marketing strategy (Fifield 1992; Kotler 1994). A marketing strategy that an organization follows aims to identify a competitive and consumer advantage and therefore can be viewed as an integral part of the business strategy (Wind and Robertson 1983). Porter (1980) identified three internally consistent generic strategies for creating a defendable position in the long run for competitors in an industry. The three generic strategies that a firm may adopt are: (a) overall cost leadership, (b) differentiation and (c) focus. Following on from this, four broad strategies based on the above generic strategies were suggested by Fearne and Bates (2000): (i) cost leadership strategy, (ii) differentiation strategy, (iii) diversification strategy and (iv) specialization strategy. Kohls and Uhl (1990) argued that in the food industry most firms mainly adopt the following two strategies: product differentiation and market segmentation. It can be difficult to use the typologies of business strategies presented above to describe adequately the way agricultural businesses behave, due to the nature of farm firms (especially their small scale and dependence on family labour and management) and the environment in which they operate. Generally, little is known about the decision making process of farmers regarding marketing strategy selection and particularly about the factors and the farmers' characteristics that influence them to choose a particular strategic alternative. Some studies have sought to cluster farmers according to their strategic behaviour.. McLeay et al. (1996) identified five strategic groups of crop farmers in New Zealand, while Ohlmer, et al. (1998) clustered Swedish farmers in relation to their decision making. Carter (2001) examined the role of farms in the creation of new business in rural areas. Three groups of farmers were identified by Carter (2001) based on their relative engagement in additional business ownership activities: monoactive farmers, structural diversifiers and portfolio business owners. Distinctive group differences found in their personal, farm business, managerial characteristics and in their perceptions of business opportunities and constrains. Vesala et. al. (2007) explored the concept of entrepreneurial capability of farmers to diversify. Their main focus was on the entrepreneurial identity of portfolio farmers in Finland and the extent to which the differences between portfolio farmers, other farmers and non farm rural businesses can be explained. They found that portfolio farmers have stronger entrepreneurial identity than conventional farmers as well as they have the perception that they are growth oriented, risk takers, innovative, optimistic and having more personal control upon their business activities. Other studies have attempted to identify the factors that influence farmers to adopt a particular marketing strategy. For example, distribution risk is one factor that influences marketing decision making in the agribusiness sector. Risks that agricultural producers face are linked with decisions about the prices, quantity, quality, and the timing of delivery (Royer, 1995). Transaction cost was identified as another factor, which has significant impact on marketing decision-making (Hobbs, 1996). Age, education and farm profit are also, according to Hobbs (1997), some factors that affect farmers using live auction markets: the type of cattle, quick payment and the price received were the most important reasons for selling cattle live-weight. Mishra et. al. (2009) investigated the factors such as farm, operator and household characteristics, farm type and regional location of the farm, that affect the financial performance of new and beginning farmers. …

A Limited View of Realism

In the paper we argue that no neat border line between ontology and epistemology can be drawn. This is due to the fact that the separation between factual and conceptual is rather fuzzy, and the world is characterized by a sort of ontological opacity which makes the construction of any absolute ontology difficult. Our ontology is characterized by the fact that the things of nature are seen by us in terms of a conceptual apparatus that is inevitably influenced by mind-involving elements, and all this has important consequences on both the question of scientific realism and the realism/anti-realism debate. Conceptualization gives us access to the world, while, on the other, it is the most important feature of our cultural evolution. While the idealistic thesis according to which the mind produces natural reality looks hardly tenable, it is reasonable to claim instead that we perceive this same reality by having recourse to the filter of a conceptual apparatus whose presence is, in turn, connected to the development of language and social organization. Our science is essentially relational, and not absolute. The information with which it provides us is appropriate, but from our point of view. Science provides reliable information on the world, but this information is always relative to a particular framework, and it is a mistake to think that the limits of our cognitive capacities only have an aprioristic character. Science constantly attempts at providing answers to our questions about how things stand in the world, and thus purports to offer reliable information about it. But it should also be recognized that the extent to which science succeeds in accomplishing this task is disputable. What kind of realism, thus, can we actually endorse? Despite what many relativists claim, realism still is an arguable and defendable position. If one asks what difference is made to our knowledge claims if we accept the existence of an extra-conceptual world, the answer is the following: such recognition undermines the diffused anthropocentric stance which identifies reality with our limited knowledge of it.

An Examination of the Business Strategies in the Second Life Virtual Market

Second Life (SL) is now experiencing its own dystopia. The SL in-world market is crowded with homogenous products and erects few entry barriers. This study thus took a diagnostic approach using real-world business strategies of cost leadership, differentiation, and focus to examine whether the largest businesses are creating a defendable position in the market and what choices they have to obtain competitive advantage. The analysis of the 20 largest SL businesses showed that no businesses pursued a pure strategic thrust, 9 businesses adopted hybrid strategies such as a cost-focus mix, and the rest were stuck in the middle or had unclear strategic actions. The present study suggests that treating hybrid strategies as a stepping stone to strategy purity may be a way to create competitive advantage.

Using Codes of Conduct to Resolve Legal Disputes

In the absence of other published standards of care, it is reasonable for contractual parties to rely on an applicable, widely available code of conduct to guide expectations. The authors illustrate the current application of CoCs with a fictional enterprise resource planning (ERP) system implementation failure that is a compilation of real-life cases. Subject to binding panel arbitration, the plaintiff and defendant in the case presented conflicting interpretations of the same facts: From the plaintiff's perspective, the defendant failed to migrate the ERP system as promised; the defendant countered that defective and poor-quality data delayed the migration. Using the ACM/IEEE-CS CoC as a reference, expert testimony convinced the arbitration panel that the defendant's position was untenable, and the panel accordingly awarded the plaintiff a multimillion-dollar judgment.

The Mechanistic Basis of a Large Male Mating Advantage in Two Freshwater Amphipod Species

AbstractIn many animals, body size plays an important role in determining both ecological success and mating success. Thus, the expression of body size within a population is often the result of the interaction between natural selection and sexual selection. Here, I examine the mechanistic basis for a large male mating advantage in two freshwater amphipod species that differ ecologically. Traditionally, size‐biased mating patterns in amphipods have been attributed to the advantage of large size in male–male competition for females. In this study, when direct male–male interactions were eliminated (via tethering), large males had a mating advantage similar to that observed under control conditions (males free to interact) and in previous field and laboratory studies. These results suggest that male–female interactions play an important role in selecting for large male size. There was, however, some evidence for male takeovers in the species that shows the stronger size‐based mating bias. Takeovers occurred in 33% of trials when smaller males were in the position of defender, i.e. paired with the female. Therefore, takeovers by larger males may also contribute to the strong size‐based mating biases observed in this species.

Stoneridge Investment Partners v. Scientific-Atlanta (8th Cir. 2006) What Makes it the Most Important Securities Case in a Decade?

Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. is scheduled for oral argument before the U.S. Supreme Court on October 9, 2007. It has been described as arguably the most important securities law case to reach the Court in a decade and as securities lawyers' Roe v. Wade. What is the legal issue that has occasioned this much attention? Phrased as a technical legal argument, plaintiff asserts that it may establish that outside actors committed a Rule 10b-5 violation on a theory of liability; in contrast, defendants assert that Central Bank of Denver v. First Interstate Bank of Denver, which found no statutory basis for aiding and abetting liability, precludes plaintiff's theory of liability. What is on trial before the Supreme Court, however, may be the future of private securities fraud litigation. Beyond the legal issue, the parties' positions reflect the differing views in the ongoing debate on the value of private securities fraud litigation. Does scheme liability enhance the compensatory and deterrent functions of private litigation or does it contribute to abusive private litigation that jeopardizes the US markets' competitive position? Thirty one amicus briefs have been filed in the case, about equally divided between the plaintiff's and the defendant's position. There was disagreement within the executive branch as to which side the Solicitor General should support. Most recently, the SEC announced that it would hold a spring 2008 roundtable to debate the various positions on private securities litigation. This paper will first analyze the legal issue in Stoneridge, describe the policy issues from the perspective of the amicus briefs and then provide some commentary on the case's significance to the law and policy of private securities fraud litigation. This paper is a work-in-progress, to be continued upon the Court's opinion.

'Statistical Dueling' with Unconventional Weapons: What Courts Should Know About Experts in Employment Discrimination Class Actions

When evidence is offered in a litigation context, the result can be bad law and bad statistics. Recent high profile, high-stakes employment discrimination class actions bear this out. A series of similar cases litigated over the past several years involve potentially misleading testimony, purporting to show an absence of any pattern of discrimination. Courts in these cases have not always understood the limitations of the evidence before them, or properly weighed its relevance to a ruling on class certification. Because the decision about whether or not to certify a class is critical to both sides, these errors may generate substantial costs. In recent cases against large multinationals like UPS, Wal-Mart, and Marriott, plaintiffs have claimed that decentralized and highly discretionary management practices result in systematic gender or racial disparities in pay and promotion. At class certification, plaintiffs have relied in part on analyses of the company's workforce showing companywide inequality. Defendants have responded with presentations of their own, which frequently demonstrate widely varying outcomes for members of protected groups in different geographic areas or hierarchical levels of the company. These expert submissions usually suggest either that no problems exist, or that any discrimination is isolated and not attributable to institutional-level bias. In adjudicating between these competing visions, courts must referee what the Second Circuit terms statistical dueling. As we show in this paper, sometimes at least one of the parties is dueling with unconventional weapons. For-profit consulting companies and large defense firms are eagerly marketing unorthodox and unreliable methods to employers anxious about how class actions multiply their potential liability. Of course, plaintiffs can, and sometimes do, submit evidence that is inconsistent with good social science practice and biased in favor of their position. However, a bias in the opposite direction is often built into the approach of experts working for defendants, and courts and litigators have largely ignored this bias. Moreover, while the issue as outlined below will be immediately apparent to social statisticians, it has received little attention from either academic statisticians or consulting experts. Using simulated data, we show why courts should become more critical of expertise purporting to test for subunit differences, particularly when offered at the class certification phase of the case. Under some circumstances, the approach often used to oppose class certification in employment discrimination litigation is guaranteed to support the defendant's position, regardless of the actual facts of the case. Furthermore, some courts have improperly or unwittingly legitimized the use of this approach, even when it is demonstrably non-probative of the issues before the court. Courts need new ways to think about these problems - approaches that better reflect the relevant legal framework and principles.

EXAMINING REGIONAL VARIATIONS IN PUNITIVENESS FOR SAVINGS AND LOAN INDUSTRY CRIME

ABSTRACT There is little argument that the crisis in the savings and loan (S&L) industry of the 1980s was one of the most significant economic calamities of the twentieth century. While much data exists on the factors leading to the crisis, its impact on the American economic and financial systems, and its import for criminological theories of corporate and organizational illegality, there has yet to have been an attempt to investigate regional variations in sentence length for S&L offenders. This study found evidence of regional variations among sentencing for white-collar offenders with the Southwest being significantly more punitive than all the other regions while controlling for fine and the defendant's position within the institution. Implications for further research oh how regional variations apply to offenders convicted of white-collar crimes other than those studied here are considered.