Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 67 for “"High Court"”.
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The Rule of Law In Times of War: A Comparative Analysis of the Effect of War On High Court Decision-Making
<p> This study examined behavior modification programs in schools designed to focus on discipline and that aim to reform disruptive behavior in students, usually over a limited period of time. This was a comparative case study of two type II alternative schools in the Upstate of South Carolina. The …
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A response to the jurisprudence of the High Court in the 'implied rights cases': an autochthonous Australian constitution, popular sovereignty and individual rights?
… enforcement of individual rights chosen by the High Court, against a democratically elected parliament, should be seen as a massive appropriation of political power from parliaments to judges. This is of course not to say that the High Court has no role to play in the development of rights in …
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Investigating the impact of Sexual Assault Evidence Collection Kits (SAECKs) as evidence in rape cases prosecuted in the Western Cape High Court between 2012 and 2016
… prosecuted and finalised at the Western Cape High Court between 1st January 2012 and 31st December 2016. Court dockets were examined, and data was collected using a set of predefined variables. Backward logistic regression was used to analyse whether there is an association between the accused …
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Unaddressed tax disputes: the case of South Sudan's dysfunctional Tax Appeals Board and lessons from Uganda and South Africa
… mechanisms by the Tax Appeals Board and High Court under the Taxation Act, 2009 in the Republic of South Sudan. Additionally, it will examine legislative gaps affecting the independence and competence of Tax Appeals Board in its mandate of resolving tax disputes within the tax …
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A critical evaluation of judicial mediation in Malawi
… of Malawi, with particular reference to the High Court (Commercial Division) (Mandatory Mediation) Rules, 2007 (the Commercial Division mediation rules). These rules prescribe the process of mediation that is presided over by the Judges of the Commercial Division. Of particular interest is …
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Patriarchy and Property: The Nineteenth-Century Mississippi Married Women's Property Acts
… 1792 to 1871 and the rulings of the Mississippi High Court of Error and Appeals demonstrate the patriarchy's attempt to balance their desire for preservation of power with honor's demands that patriarchs provide for their families. The MWPA gave women the right to own property in their own names …
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A research report to meet the requirements of the master of medicine in psychiatry at the University of Cape Town
… used substance worldwide and its use is much higher amongst adolescents. However, adolescents are at higher risk of negative sequelae secondary to this use, including poorer developmental outcomes and the possible development of mental disorders. On 31 March 2017, the South African High Court …
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Admiralty jurisdiction in the magistrate's court
… The question arises is to whether a Magistrate's Court which claims admiralty jurisdiction is in the same position as that of the Emperor in the story. Does a Magistrate's Court have jurisdiction to hear maritime claims by consent or otherwise or is it a case of a Magistrate's Court attempting to …
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Rammed, jammed and bifurcated : the convergence and divergence of intellectual property and competition policy in the digital environment
… scope for the application of s. 46 as the High Court in the NT Power v PAWA (2004), described ‘the notoriously difficult task of satisfying the criteria of liability’ of s. 46. This thesis considers the scope of copyright protection in the digital environment in relation to the impact of …
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To sell or not to sell? An analysis of the Tafelberg sale in the light of the right to adequate housing in the International Covenant on Economic, Social and Cultural Rights
… Eventually, they challenged the sale before the High Court of South Africa, Western Cape Division, which put aside the sales decision in August 2020. In this dissertation, the Tafelberg case is analysed in the light of the right to adequate housing in the International Covenant on Economic, …
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Gendered Justice: Women Workers, Gender, and Master and Servant Law in England, 1700-1850
… and quantitative examination of statutes, high court rulings, and records of the routine administration of the law found in magistrates notebooks, petty sessions registers, and lists of inmates in houses of correction, the dissertation shows that gendered assumptions influenced the law in …
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Alternative dispute resolution in Intellectual Property Law: a growing need for a viable alternative to court litigation
The need for a viable alternative to court litigation of intellectual property disputes is much needed in modern legal systems. IP court litigation has become expensive, time consuming, and poor decision making has led to unpredictable and inconsistent results. This paper explores the possibility …
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Priority rights of creditors in insolvency
… one article has been cited by the New Zealand High Court and the New Zealand Law Commission has quoted from another article. The body of work is original in that it contains new ideas or views matters with a new approach.
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Re-thinking Extrinsic Materials in Statutory Interpretation: Revelations from the Legislative Process
… framework does not sit well with the ability of courts and other interpreters to refer to extrinsic materials. It has led to a state of the law where recourse to such materials is poorly rationalised, sometimes contradictory and offers little cohesive guidance for an assessment of the probative …
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Re-thinking Extrinsic Materials in Statutory Interpretation: Revelations from the Legislative Process
… framework does not sit well with the ability of courts and other interpreters to refer to extrinsic materials. It has led to a state of the law where recourse to such materials is poorly rationalised, sometimes contradictory and offers little cohesive guidance for an assessment of the probative …
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Reflecting on South Africa's recent jurisprudence relating to estuaries through the lens of nature - Is it providing key guidance or evidence of missed opportunities?
… proprietary interests. However, the Western Cape High Court, and subsequently the national Supreme Court of Appeal, recently dismissed an application to compel the authorities to protect private property against back-flooding from the Klein River estuary. The High Court of KwaZulu-Natal …
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Overpayment of tax: when does a taxpayer have a right to repayment
… public and tax law. Although a decision of the courts of England, it has great significance for our law as well, especially in the light of two important recent decisions of our Appellate Division, CIR v First National Industrial Bank Ltd (2) and Willis Faber Enthoven (Pty)Ltd v Receiver of …
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Cybercrime And Analysis Of Laws: A Case Study Of Zanzibar Legal Issues”
… called Director of Public Prosecution (DPP), High court of Zanzibar, Zanzibar Attorney General Chamber and Ministry of Constitution and Legal Affair, Zanzibar Law review Commission, Police Headquarter and MwembeMadema Police Station, Peoples Bank of Zanzibar, Zanzibar Telecommunication Company …
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Everyday Life, Debt and Death in North Dublin
… 14 October 2011 Dublin City Council asked the High Court to evacuate the 249 residents of Priory Hall as it was declared a fire hazard due to poor building standards. My research considers how a group of some eighty-five families bought their dream homes in the Priory Hall apartment complex …
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