Abstract In this paper, a history of the reasons and need for the Monroe Doctrine are thoroughly examined. The Doctrine was a powerful statement but the U.S. had very little power of enforcement. Reasons behind this are discussed. This paper also shows how the Monroe Doctrine appeared on the surface to be an American declaration of independence from a colony-hungry Europe but in fact the document had many weaknesses.
From the Paper "By the early 1800s, America was becoming its own country and trying to separate itself from Europe. The United States wanted to prevent future colonization of the Americas by European countries and attempted to accomplish this by issuing the Monroe Doctrine. The Monroe Doctrine of 1823, designed to discourage European nations from colonization that would threaten America, was merely a declaration of America's independence, not a demonstration of it."
A critical analysis of the doctrine of constructive resignation and a discussion of whether or not it should be introduced or sustained in Malawian employment law.
Abstract This paper discusses the doctrine of constructive resignation in the context of employment law or employment relationship. In particular, it attempts to address whether this doctrine should be introduced or sustained in employment law in Malawi. The paper proceeds on the premise that in Malawian employment law - statutory or case law- the doctrine of constructive resignation is not provided for. It is, however, recognized and applied in other jurisdictions namely, Unites States, Canada, United Kingdom and Philippines. This paper concludes with the recommendation that the doctrine be introduced in Malawi, although with necessary modifications to suit the employment situation and the right to fair labour practices.
Outline:
Acknowledgement
Preface
Table of Contents
List of Abbreviations
List of Cases
Chapter One
Introduction
Background of the Study
Statement of Problem
Objectives
Methodology
Lay Out of the Essay
Chapter Two
The Employment Relationship
Introduction
The Contract of Employment
Identifying the Contract of Employment
Employment Relationship
Nature of Employment Relationship
Terms, Conditions, Rights and Duties
Conclusion
Chapter Three
Termination of Employment
Introduction
Termination by Employer
Fair Dismissal
Lawful Dismissal
Termination by Employee
Rights Relating To Termination Of Employment
Conclusion
Chapter Four
The Doctrine of Constructive Resignation
Introduction
The English Doctrine of Constructive Resignation
Statement of the Doctrine Theoretical Basis
The "Elective Theory"
The "Automatic Theory"
Elements of the Doctrine Conduct
Fundamental or Repudiatory Breach
Self-Dismissal as the Result of Prior Agreement
The United States Doctrine of Constructive Resignation
Conclusion
Chapter Five
Should The Doctrine Of Constructive Resignation Be Introduced Or Sustained?
Introduction
The English Doctrine of Constructive Resignation
The United States Doctrine of Constructive Resignation
Conclusion
Chapter Six
Conclusion
From the Paper "Of late, it has been in issue whether one can or has constructively resigned10. This is in issue in Malawi and other jurisdictions. The doctrine of constructive resignation is to the effect that if the conduct of the employee amounts to a repudiation or a fundamental breach of the contract of employment the said conduct automatically terminates the contract, in which case it is the employee rather than the employer who will be deemed to have terminated it. The employer is entitled to dismiss him even without hearing him. He may as well say: "he sacked himself"11. In Malawi there is no statutory doctrine of constructive resignation, and apparently there is currently no case which has said the doctrine is applicable in our employment law."
Abstract In its purest form, the doctrine of forum non conveniens permits a court to deny jurisdiction of a matter where principles of justice and convenience favor dismissal. This paper discusses the background and history of the common-law doctrine of forum non conveniens, how the doctrine found its way into federal law, and how it eventually came to be used as a bar to lawsuits by foreign plaintiffs in the United States. The paper then discusses some of the arguments advanced by opponents of forum non conveniens, and the suggestions they have made to correct the perceived inequities of the doctrine. Finally, the paper identifies some important issues that remain undecided under the modern doctrine.
Paper Outline:
Introduction
History and Background of the Foreign Non Conveniens Doctrine History of the Doctrine of Forum Non Conveniens
Private and Public Interest Factors Developed In Gulf Oil Corp. v. Gilbert
Forum Non Conveniens Almost Goes Extinct
The Modern "International" Doctrine of Foreign Non Conveniens
Forum Non Conveniens Re-Emerges and Goes International
Change of Law Loses Importance
The Two-Part Forum Non Conveniens Test
Application of the Modern Forum Non Conveniens Doctrine Problems with the "New" Application of the Forum Non Conveniens Doctrine Alternatives to the Forum Non Conveniens Doctrine Other Issues Identified by Federal Courts
Conclusion
From the Paper "Probably the best and most realistic way to fix the perceived inequity of the forum non conveniens doctrine is for the United States Supreme Court to provide federal courts with a little more guidance on the rule, and to relax the harsh effects that it has been found to have. Although the Piper court claimed that part of the value of the doctrine was its flexibility, the current standards are a little too flexible, and allow courts to dismiss cases brought by foreign plaintiffs too easily. American courts should take responsibility for enforcing justice where justice is due, instead of continuously worrying about how many cases are on the docket."
Abstract The paper notes that the Estoppel doctrine is in a state of flux, with differing judicial proponents arguing over the existence and need for 'but one doctrine of Estoppel by conduct' within the Australian judicial system. This paper establishes the origins and elements of the common and equitable Estoppel and illustrates that they are, and should remain, separate. The paper also defines the posited unified doctrine, and the subsequent inconsistencies and issues thwarting its judicial acceptance. These include significant differences between the common and equitable Estoppel by conduct doctrines , their underlying purpose, and their remedial application. The paper submits that, until proponents of the unified doctrine refine and reconcile these differences, this doctrine remains largely theoretical, lacking any real judicial consistency.
The paper uses MLA style footnotes but does not include a works cited page.
Outline:
Introduction
Development of Common Law Estoppel
Development of Equitable Estoppel
The Unified Doctrine of Estoppel
Estoppel as an Evidentiary Remedy, or a Separate Cause of Action
The Underlying Purpose of the Two Doctrines Remedial Differences
From the Paper "Their honours held that a mere intention to form a legal relationship surpassed the need for a pre-existing relationship , which was further refined in Verwayen , discarding this requirement altogether. In Verwayen's case, the plaintiff was seeking to estopp the commonwealth from raising a grounds of defence which they had represented they would not utilise ; a representation which was relied upon in engaging legal council. Their honours found that no form of legal relationship could be formed, but held that an 'equity' protecting them from this defence remained.The equitable doctrine can also be utilised as a separate cause of action . Justice Mason and Wilson distinguished Holmes J's contention that the doctrine of consideration would be undermined , relying on the notion of 'unconscionability' as permitting intervention and creation of equitable rights."
Abstract This paper explains that 'Bush Doctrine', implemented in the wake of the September 11, 2001 terror attacks, has given a decisive new direction to the U.S. foreign policy, which was previously based on the principles of containment and deterrence. The author points out that this new foreign policy principles of pre-emption and unilateralism immediately were put to test by the U.S. administration by its war with Iraq. The paper relates that the results of this change in policy have been mixed and it is still too early to tell whether the Bush Doctrine would prove to be a long-term, lasting and successful change in U.S. foreign policy or the country would have to revert back to the time-tested and less controversial principles of containment, deterrence and multilateralism.
Table of Contents
Policy of Containment: Origin and History
The 'Bush Doctrine': its Roots and Implementation
The Defense Planning Guidance Draft of 1992
Neo-Cons' Letter to President Clinton (1998)
George W. Bush & His Foreign Policy 'Tutors'
Terrorists Provide the Opportunity
From Containment to Preemption
Formal Pronouncement of the Bush Doctrine: The US National Security Strategy
Preemption
Unilateralism
US Hegemony
Actively Promoting Democracy, and Liberty around the World
Pros and Cons of the New Bush Doctrine Cons
Tarnished US Image
Invitation to Isolation and Enmity
Unethical Doctrine Invites Abuse and Sets a Precedent for Others
Democracy Cannot be Exported
Pros
Threat of Terrorism needs New Strategy
Pre-emption by US: not the First Time
Is the Bush Doctrine Succeeding?
Conclusion
From the Paper "The doctrine of preemptive war invites abuse because it offers no criteria by which to judge whether a threat justifies a preemptive strike. The U.S. invasion of Iraq is an appropriate example of such a 'preemptive' war in which there was arguably no imminent threat of an attack except in the sole judgment of the Bush administration. It also sets a dangerous precedent for others to follow in order to settle their regional differences. There are a number of current political disputes around the world in which the stronger adversary could invoke the 'preemptive' doctrine to attack its weaker neighbor. For example, China could attack Taiwan over the question of Taiwan's independence; India could attack Pakistan over the Kashmir dispute, and Russia is already threatening to attack Georgia over the alleged cross-border terrorist activities of Chechen guerillas."
Abstract This paper defines the doctrine of eclipse and its relationship to the Indian Constitution. The author points out that, by virtue of this doctrine, the legislature can simply revive an inconsistent pre-constitutional law by amending the Constitution. This results in legislative inertia. Thus, the paper concludes the doctrine largely benefits the executive and not the people.
Table of Contents:
Introduction
Nature and Scope
Research Questions
Doctrine of Eclipse
Applicability of Doctrine of Eclipse with regard to Post-Constitutional Laws
Article 13(1) is Not Retrospective
Distinction between Unconstitutionality from Lack of Legislative Competence and from Violation of Constitutional Limitations on Legislative Power
Distinctions between Article 13 (1) and 13 (2)
Supreme Court Decisions which point out the Distinctions between Articles 13 (1) and 13 (2) of the Constitution
Distinction between Voidness in the case of Pre-Constitutional Law and Post-Constitutional Law
Amendment can Revive a Pre-Constitutional Law but not a Post-Constitutional Law Declared Invalid
A Critical Analysis of Doctrine of Eclipse
Conclusion
From the Paper "The amendment to the Constitution can revive pre-Constitutional laws if it removes the inconsistency associated with that law. This is by virtue of the application of doctrine of eclipse on pre-Constitutional laws which were not still born and would exist though eclipsed on account of the inconsistency to govern pre-existing matters. In the case of post-Constitution laws, they would be still born to the extent of the contravention. This would mean that the doctrine of eclipse is inapplicable in this case. There is no scope for the revival of a post-Constitutional law by an amendment of the Constitution."
Abstract Examines the impact of the Federal Trade Commission's doctrine and its effects. Discusses the impact the Fairness Doctrine has had on society from a political, social, and legal perspective. Discusses the history of the FCC doctrine, and the purpose of the Doctrine in balancing views on controversial issues.
From the Paper "The Fairness Doctrine required broadcasters in television and radio, as a condition of getting their licenses from the FCC, to cover controversial issues within their community by offering some ..."
Abstract This paper explains that the Eisenhower Doctrine stated that a country had the ability to request American assistance from the U.S military if it was being threatened by armed aggression from another state. Next, the author relates that President Eisenhower's fear that the Suez Canal conflict had allowed Egypt's ruler to spread his Arab policies and to form dangerous alliances with Jordan and Syria, inspired this doctrine. Furthermore, the paper continues, that one of the main purposes of the doctrine was to stop the spread of communism. The paper concludes that this doctrine, which has been highly successful, continues to this day.
From the Paper "President Eisenhower and his doctrine sought to provide economic assistance and military aid to Middle Eastern countries to help protect them for various amounts of reasons. First of all to protect them from the Soviets and the spread of communism and from attacks from countries such as Great Britain, France, and Israel. The doctrine was created so that Eisenhower could be granted the military and financial resources in order to put his plans into action."
Abstract This paper examines the "Monroe Doctrine" and the principles that were established by this statement of policy. "The Monroe Doctrine? set as policy certain principles that have been adhered to by U.S. administration in regards to events in other countries. This paper explores the original intents of ?The Monroe Doctrine? and to what extent that adherence is given in the present and what implications that has in regards to future foreign relations.
From the Paper "James Monroe was the United States President during the period of the creation of ?The Monroe Doctrine". Monroe, served two terms during the period that has been labeled the "Era of Good Feelings". The 19th Century witnessed significant changes and adjustments in view of global relationships and added a new dimension to the nation as well as the world at large. During this time Monroe made his famous speech, written by John Quincy Adams, which came to be known as "The Monroe Doctrine". "
Abstract This paper examines the "Monroe Doctrine" and the principles that were established by this statement of policy. The paper explores the original intents of ?The Monroe Doctrine? and to what extent adherence is given to the Doctrine in the present and what implications that adherence has in regards to future foreign relations.
From the Paper "South America and the United States, having very little in common in aspects of government, religion, or race did little trading or traveling between during the time of the 18th Century. This period was witness to war in South America between Napoleonic forces, King Ferdinand and revolutionaries within the South American countries. Spain and France were speaking of joining together in a war on the new Latin American republics that were Chile, Peru, Argentina, Colombia and Mexico. This prompted Britain to request that the U.S. join with them against Spain and France."
Tags: assisting, revolutionaries, maintenance, independence, americans, president, south, america
Abstract This paper explains that the Fairness Doctrine was a law that balanced mass media information, allowing time and credibility to all sides of a given argument so that the listener would receive credible and reliable information. The author relates that, along with the new pioneers of broadcast journalism, advertising, and editorial commentary, the Fairness Doctrine came about in the mid-20th century as an extension of First Amendment rights, which remained in place for most of the latter half of the 20th century, but was revoked by the FCC in the early 1980s after long years of misunderstandings, political conflicts, and conflicting precedents in various court cases. The paper stresses that, although networks even advertise that their news is "fair and balanced", it is not; the Fairness Doctrine must be reinstated as an ethical broadcasting rule designed to provide controversial issues with a balanced presentation, not censorship.
From the Paper "The Fairness Doctrine is involved explicitly with radio and television
broadcasters, and states that there are responsibilities which these broadcasters must uphold to the public so that the information that the viewing and listening public receives is fair and balanced and opposing viewpoints get a chance to be presented. In essence, it is a measure of responsibility and accountability for the free press that is able to give counterarguments and provide a space for counterarguments regarding issues that are controversial and require a public forum so that the viewing and listening public can get a full cognizance of the issues being presented on both sides. Objectivity has always been a key tenet of journalism, but the achievement of objectivity is less clear and the Fairness Doctrine has responded to a need for clarity in this presentation by highlighting balanced reportage of issues that concern the public or may be political, controversial, or the subject of dis- or misinformation."
Abstract The U.S. "Fairness Doctrine" refers explicitly to radio and television broadcasters. It states that the information that the viewing and listening public receives should be fair and balanced and opposing viewpoints get a chance to be presented. This paper discusses what the "Fairness Doctrine" is, why it was discontinued and by whom. It presents several court cases that directly relate to it and why it is essential that the "Fairness Doctrine" be reinstated.
From the Paper "Opponents of the Fairness Doctrine argue that it unconstitutional because it violates the 1st Amendment by dictating what individualss can and cannot say. This is a weak claim and has been generally disregarded when looking at the Fairness Doctrine. The Doctrine in no way violates the 1st Amendment; if anything, it strengthens those rights by assuring the public a clear and informed knowledge base. Broadcasters are allowed to have opinions on issues and to broadcast those opinions, but what the Fairness Doctrine does is ensure that they also allow space for people to speak who have an opposition to their view."
Abstract An account of the biblical sources and doctrine of the Resurrection. The paper looks at the doctrine of the Resurrection as the centerpiece of Christianity. The paper then asks how this doctrine impacted the perception of human identity in early Christianity.
From the Paper "This research discusses biblical patristic and medieval commentary on the doctrine of the Resurrection and its implications for how the concept of human identity was perceived in the early centuries of Christianity. It will be seen that the sometimes vexed ..."
Abstract This paper explains the Fairness Doctrine and charts its application over its forty year history. It also examines the relevant Supreme Court cases in relation to the Doctrine and looks at how two presidents embraced the doctrine and used it to actively curtail free speech. The party political argument from both the Democratic and the Republican parties is examined and explained, with criticisms being illustrated throughout the paper.
From the Paper "The Fairness Doctrine was first introduced at the beginning of anti-communist hysteria in the United States in 1949 and stated that opposing viewpoints on issues of controversy had to be presented in an equal manor, with equal time given to each viewpoint in the media. This rule however was not applied to newspapers, but only to the broadcast media outlets of television and radio. The doctrine was intended to enable a wider range of opinions to be aired, so that the public would be better informed about current events. The owners of radio and television stations were threatened with having their licences revoked or having to pay hefty fines if the rule was not stringently adhered to. "
