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as an extension of First Amendment rights, which remained in place for most of the latter half of the 20th century, but was revoked by the FCC in the early 1980s after long years of misunderstandings, political conflicts, and conflicting precedents in various court cases.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."

Tags:cases, censorship, balance, rights, ethics

Abstract
This paper addressed how the allocation of authority between the national and state governments is primarily ruled by the doctrine of preemption. When Congress passes an Act, the Act preempts any state law that either does or potentially could conflict with the federal law. This doctrine includes dormant federal powers and prohibits states from acting when the federal government has not acted, but could act, on a particular matter. Furthermore, this paper discusses various types of preemption (conflict, field, express) that may be applied when federal and state legislation conflict. Also discussed briefly is the power of the president per the Constitution.

From the Paper
"While the concept of dual sovereignty dominated the nineteenth century, in modern times the allocation of authority between the national and state governments is primarily ruled by the doctrine of preemption. When Congress passes an Act, the Act preempts state law that either does or potentially could conflict with the federal law. This doctrine includes dormant federal powers, and prohibits states from acting when the federal government has not acted but could act on a particular matter."

Tags:congress, constitution, law, legislation

Abstract
The paper relates that the Irish and UK courts' application of the doctrine of fundamental breach has been by no means consistent. The paper defines fundamental breach, briefly analyzes the history of its application and distinguishes between the types of contract that exist, specifically the difference between consumer and commercial contracts. The paper summarizes the development of the law to-date by considering the role of the courts in contract law and analyzing whether Clayton Love needs to be reconsidered. Finally, the paper explores avenues of reform of the doctrine.

From the Paper
"It is clear that a distinction has been drawn between contracts made with consumers and contracts between commercial entities. Already it has been seen that this has been alluded to by Ms. Justice Finlay Geoghegan in ESL Consulting Services Ltd. v. Verizon (Ireland) Ltd. and Verizon (UK) Ltd. and indeed Irish legislative authorities would seem to suggest that these contracts should be treated separately by the courts. The two principle pieces of legislation in question are the Sale of Goods and Supply of Services Act 1980 and the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (SI No. 27 of 1995). Like the Unfair Contract Terms Act 1977 in the UK, they are far less concerned with commercial contracts than they are with the consumer. The Sale of Goods Act 1980 in particular emphasises the importance of the strength of bargaining power, and gives particular protection to the consumer because they tend not to enjoy an equal bargaining power to that of the person or business with which they are entering a contract. This is but one of a number of factors taken into account by the legislation in its 'fair and reasonable' test for contractual terms, others including the availability of alternate sources for the goods or service required and whether or not there was an inducement to enter the contract."

Tags:contract, law, Clayton, Love, consumers, commercial, entities

Abstract
This paper explains that the world is the creation of God and is centered, for Aquinas, on God; all human endeavors should ultimately be directed towards knowledge of God and the divine mystery of human salvation. The author points out that Aquinas argues that human beings are made human by their intellect, and, that they have the ability and duty to use their intellect to apprehend the divine. This paper stresses that reason does not operate independently, but within a framework of what Aquinas calls "natural law," the relationship between the natural law of humankind, and the eternal law of the divine.

From the Paper
"God is at the heart of Aquinas' world-view and philosophy, and the role of human reason as well as faith once more comes to the fore in the process by which human beings accept the existence of God (for Aquinas is clear that the existence of God is not self-evident). The essence of God is unknown to us, so must be "demonstrated by things that are more known to us, namely, by effects" [Pt. I, Q. 2, Art. 1]. To reach conclusions on the existence of God by studying the world around us will, Aquinas argues, lead inevitably to a knowledge of God, for the world cannot be explained without recourse to God. Thus once again human reason is in harmony with revelation and faith in bringing human beings to a fuller knowledge of the Godhead and of salvation."

Tags:law, existence, creation, reason, intellect

Abstract
The paper relates that many citizens today are concerned about the issue of employment law as it relates to the failures of employment law, particularly the increasing complexity of the employment "at will" doctrine and all its exceptions and unpredictable outcomes. The paper discusses the Montana Wrongful Discharge from the Employment Act and the Model Employment Termination Act drafted by the Uniform Law Commissioners. The paper argues that based on these and other proposed solutions to the problem, a model law can be drafted to address the issue and to serve as a guide for the future.

From the Paper
"Many citizens today are concerned about the issue of employment law as it relates to the failures of employment law, particularly the increasing complexity of the employment "at will" doctrine and all its exceptions and unpredictable outcomes. Workers and litigants at a wide range of compensation levels have had complaints about this area of the law. Among the laws that have been written to address aspects of this issue are the Montana Wrongful Discharge from Employment Act and the Model Employment Termination Act drafted by the Uniform Law Commissioners. Based on these and other proposed solutions to the problem, a model law can be drafted to address the issue and to serve as a guide for the future."

Tags:employment, law, protections

Abstract
This paper takes a look at how the advent of e-business has caused many businesses to re-examine many legal issues regarding international trade, particularly in the area of dispute resolution. This paper briefly examines how e-business and the global economy have changed the way many think about agency law.

Outline:
Applications of Agency Law in the Business Environment
Types of Business Entities
E-business and the Global Legal Environment

From the Paper
"Agency law represents a specific set of concepts and doctrines that are applicable to a number of situations in which a person's conduct can have ramifications for the legal position of an entity (Demott, 2006). The actions of a single employee can have an impact on agency liability. Agency law defines the circumstances under which a relationship can be classified as an agency relationship, rather than as the actions of individuals. This can arise from the creation of rights and obligations regarding a transaction, the agent's knowledge of the action, and amount of liability that the agency derives from the acts of the individual. "

Tags:legal, doctrine, Uniform, Electronic, Transactions, Act, (UETA), business, entities, Internet, computer, technology

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."

Tags:dismisal, labor, contract, jurisdiction

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."

Tags:Paxton, Blair, Piper, Aircraft, Co., Draft, Hague, Torture, Victim, Prevention, Act

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."

Tags:voidness, amendment, legislative, pre-constitutional, inconsistency

Abstract
This paper begins by establishing the context and framework within which the doctrine of "essential facilities" operates, as part of the general principles of 'refusal to supply' market abuse by dominant undertakings under Article 82 of the competition law. The writer then analyses the precise nature of the relationship between the two through discussion of relevant case-law. The writer then considers the origins of the doctrine in EC competition law, which has been closely linked with the liberalisation of the transport and utilities sectors. Key criticisms of the doctrine are then considered, and finally relevant conclusions regarding its development are made.

From the Paper
"Following this, it may be seen that the general application of the refusal to supply principle is sufficient by itself to deal with this particular form of Article 82 abuse, and as such there is no need for a doctrine of essential facilities. It is clear that some commentators subscribe to this idea, whilst others disagree; Temple Lang for one considered that the notion of an essential facilities doctrine was of absolute necessity in facilitating competition in the telecommunications sector by providing access to the publicly owned infrastructure, where there existed no actual trade or access negotiation as a result of conferred monopoly rights. Additionally, the fact that the refusal to supply doctrine can be used in situations where the supply is not actually 'essential' because of the existence of alternate sources (but necessary to maintain effective competition) makes it appear sensible to have a somewhat separate principle that can be applied in those circumstances where access to a facility is fundamentally essential to an undertaking."

Tags:european, union, market, commercial, solvents, economic