Honeymoon Murder: Hunt For Bride's Killers

A post-mortem is due to be carried out on a British newlywed murdered in a carjacking incident while on honeymoon in South Africa.

Shrien and Anni Dewani had been married just two weeks when they were kidnapped by armed men on the outskirts of Cape Town.
The couple, from Bristol, arrived in the country on Friday and had gone out for dinner on Saturday evening at a restaurant in the town of Somerset West.
After the meal, they caught a taxi and asked the driver to take them to a nightlife hotspot near the Guguletu township.
But the car was stopped by gunmen who forced the driver out of the vehicle before speeding off with the couple inside.
At midnight the attackers released 31-year-old Mr Dewani unharmed in the township of Khayelitsha.
He quickly alerted police and next morning officers found the cab abandoned with his 28-year-old wife's body on the back seat.
Alan Winde, tourism minister for the Western Cape, told Sky News the couple had been at an evening function in the wineland region outside Cape Town.
"They were returning to the city at 10pm and they asked the driver to take them to a very well-known hotspot in Guguletu," he said.
"It sounds as though they had gone a little off course when the carjacking took place."
He added Mr Dewani's family had arrived to be with him during this tragic time.
"As a government we are determined to secure not only an arrest, but also a conviction in this case," Mr Winde said.
"We are once again appealing to anyone with further information to come forward and do the right thing."
Albert Fritz, the region's minister for community safety, said an intense investigation was under way.


Refference
http://Uk.yahoo.com

http://uk.news.yahoo.com/5/20101115/twl-honeymoon-murder-hunt-for-bride-s-ki-3fd0ae9.html

INDIAN RESEARCH

For a research guide on India's Resources, check out our country-by-country grid or the Foreign Law Guide.

For print primary resources please go to the Lower East Side of the Law Library, call number location KNS.  Here we will have the Constitution of India (KNS1744.5195), selections of Constitutional Debates (KNS1760 .I33 2001) and the following federal case reporters: Supreme Court Reports (KNS18.5.A2 I53), the All India Reporter (KNS24.A2 A45), and Supreme Court Cases (KNS18.5 .A3).  Please note that state cases will also be in the All India Reporter (KNS24.A2 A45).  In addition to federal and state reporters, the Lower East side houses certain specialized reporters like Current Consumer Cases (abbreviated CCC) and the decisions of the National Consumer Disputes Redressal Commission (abbreviated NC).  However, the collection of specialized reporters is not complete in coverage.  Titles such as Consumer Protection Reporter (abbreviated CPR) and Consumer Protection Judgments (abbreviated CPJ) can be ordered by library patrons through Interlibrary Loan.     Other primary print sources, including archived editions of India's constitution, India's Code, and Regulations are available by request from the Library Shelving Facility (LSF) via MORRIS.

For electronic primary resources, the Government of India's web site <http://indiacode.nic.in/> contains primary law, although this is not an official version.  Yale Law Students also have access to India's statutory and case law through the subscription database Manupatra (password on YLS Inside).  In addition, LexisNexis Lawschool (individual password) contains the reported and unreported decisions of the Supreme Court of India, from 1999 to present, as well as select international arbitration agreements.  More specialized information can be found through agency websites, for instance National Consumer Disputes Redressal Commission decisions are available here and the Legal Information Institute has select government publications online, as well listed here. 

For secondary sources, run title searches in MORRIS and ORBIS first.  These catalogs will indicate if we subscribe to a journal in either print or electronic format.  If we do not own a copy of the journal or book that you are looking for, search WorldCat and request the item via Interlibrary Loan using the "Yale Links" button.

For newspapers are kept at Sterling Memorial Library's Newspaper Room for 6 months after receipt.  Some are then archived in microfiche format.  Always check Orbis for currency and title, as well as to find online versions.  Certain papers are also available online through the newspaper's website:

• Bombay
• The Times of India
• Madras
• The Hindu
• New Delhi
• The Indian Express
• The Statesman

                                                            

Lawyers need to adapt to survive loosening regulation

Why do people become lawyers?

In my case, as I suspect for many others, it was largely because my parents thought it a good idea. Some may have watched too much Law or read too much legal notice. Quite a few lawyers I know couldn't think of anything better to do and were attracted by the security and salary on offer. There may have even been the odd one or two inspired by the thought of righting injustices, championing the oppressed and the like. I joke, of course. It's more like three or four.

By law, there are six areas of work – known as reserved legal activities – for which you need a legal qualification: preparing litigation; representing someone in court; transferring land; certain limited aspects of probate; notarial activities; and the administration of oaths. That's it.

For anything else, you can set yourself up as a legal adviser, stick an advert in the local paper, and off you go on your merry, unregulated way. Solicitors need to have indemnity insurance in case they mess up, and collectively contribute to a fund that compensates consumers who are the victims of fraud by dishonest members of their profession. Legal advisers do not.

The reserved list is curious, however, and part of the board's work is looking at how it developed. The restriction on probate, for example, relates just to preparing papers on which to found or oppose a grant of probate, or a grant of letters of administration. Nothing on the actual administration of an estate, say, which one might argue is where the greater risk of mischief lies, and where the reassurance of ensuring it is dealt with by a qualified professional may be essential.

The bad news for solicitors is that unless the board makes the unlikely move of greatly increasing the range of reserved activities, competition will be more fierce than ever and the much predicted shake-out of the profession will come to fruition over the next few years. One leading legal commentator, Professor Stephen Mayson, has been saying for years that there are too many solicitors.

The good news is that solicitors have a lot to fight back with. Research conducted for the Law Society shows confidence among high street lawyers that their local reputation is strong enough to withstand competition from big new entrants to the market. This may well prove optimistic, given that you still come across firms that close at lunchtime, but when I had to buy some terms and conditions for my website, I used an online service run by a qualified solicitor, although the business is a legal consultancy, not a regulated law firm.

Child Labour

Definition

Child labour means exploiting the under age children in any form forcing them to work legally with harms or  abuses them. This abuses may be physical, mental or  sexual depriving the child from their rights of basic  education

International Regulation
UN Convention on the Rights of the Child is an international treaty that recognizes the human rights of children, 192 countries had become State Parties to the Convention

Under Article 1 of this Convention a child means every human being below the age of eighteen years

Under Article 32 of the Convention, the State Parties have to provide minimum ages for admission to employment, provide appropriate regulation of the hours and conditions of employment , provide for appropriate penalties or other sanctions to ensure the effective enforcement.

However, some State Parties do not seriously enforce Child Labour regulations.
During the period 2000 - 2004 the world witnessed a decrease in child labour, since then, this positive trend has slowed down.
According to International Labour  Organization (ILO) estimates, there are some250 million children between ages of 5 and 14 years who are in economic activity in developing countries.

It seems like the prohibition of child labour is not successful,  the decrease of child labour has slowed down since 2004, it's a signal of unaccomplished of child labour.

References
Journal of Economic Issue Article date:june1, 1995 Author: Hasnat,Baban
http://www.unicef.org/
http://www.ilo.org/global/lang--en/index.htm
Council conclusions on child labour, 3023rd FOREIGN AFFAIRS Council meeting Luxembourg, 14 June 2010

FOB

Definition

 

INCOTERMS give the standard definition of international trade terms. It tells the parties what to do with respect to carriage of the goods from seller to buyer.
FOB stand for Free On Board, it is one term of INCOTERMS in which “the seller delivers when the goods pass the ship’s rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point.”

Advantages
It is necessary to use FOB when the goods are intended to be resold by the buyer before they reach the destination, because this way the buyer can take control of the goods before it arrives at buyer’s premise.
FOB is a good choice for the seller who should refrain from undertaking any additional obligation such as small exporter, because it would be complicated for small exporter to do the contract of carriage out side it’s own country.

Disadvantages
“FOB will not assist the parties in determining exactly how the costs of loading or discharge should be distributed between them. The notion that risks and costs are transferred from the seller to the buyer when the goods pass the ship’s rail is not very helpful for the distribution of the loading costs.”

Conclusion
Each terms of INCOTERMS has it own characteristic to be use in specific situation. FOB would be best suit for buyer who can procure the goods from ship’s rail to its premise, and for the seller who could not provides the carriage of goods out of its own country.

References
http://www.export911.com/e911/export/comTerm.htm
International Chamber of Commerce (ICC)
J. Ramberg, ICC Guide to Incoterms 2000 (ICC Publishing S.A. International Chamber of Commerce, Paris 1999)
http://t0.gstatic.com

Fugitive Busted After Facebook Blunder

A moaning fugitive, who spent 12 years on the run, has been arrested after posting his location on Facebook.

Robert Lewis Crose had been working in remote Montana and used his Facebook page to complain about the cold weather.

The 47-year-old wrote that temperatures had plunged close to freezing and that his "water line froze even with heat tape and wrap". When someone asked where he was, he responded with a post that he was in "Cut Bank" - a small town in the aptly-named Glacier County near the Canadian border.

Police distributed photographs of the fugitive in the area and were tipped off that Crose was at a local casino.

Glacier County sheriff Sgt Tom Siefert told reporters: "I talked to him, he said he'd worked cutting up here, harvesting, for the last 10 years."
Crose had been convicted of making a terrorist threat and of using a sawn-off shotgun to fend off an intruder at his shop in California Link (http://indepth.news.sky.com/InDepth/topic/California) in 1996.

He served less than a year in prison before being paroled but was then returned to prison for a violation and paroled again in 1998. He absconded from that parole.

Crose is now being held in Glacier County jail as officials in California begin the process of extraditing him from Montana.Face Book Sometimes Help Like this

Obama Backs India On UN Security Council

Barack Obama has endorsed India's demand for a permanent seat on the UN Security Council.      

              The US President was speaking before the Indian parliament, in New Delhi, on the third and final day of his visit to the country. India has been pushing for permanent Security Council Links (http://www.un.org/Docs/sc/unsc_background.html) membership for years.

Mr Obama said: "As two global leaders, the United States and India can partner for global security, especially as India serves on the Security Council over the next two years. Indeed, the just and sustainable international order that America seeks includes a United Nations that is efficient, effective, credible and legitimate. "That is why I can say... in the years ahead, I look forward to a reformed UN Security Council that includes India as a permanent member." It was a largely symbolic move that may put diplomatic pressure on rival regional power China.

Ben Rhodes, White House deputy national security adviser, told reporters ahead of the speech "this was a full endorsement" for India's permanent membership. It could still be a pipe dream and is likely face resistance from countries reluctant to water down the power of the five permanent members - Britain, China, France, Russia and the US.

US Nurse Battled To Help Tube Bomb Victims

An American nurse battled her way off a Tube train and into a bombed carriage to help July 7 terror attack victims, a coroner has heard.

They were speaking at the inquests of 52 people who were killed during the 2005 atrocities in London.
               The nurse told how she forced her way out of the train she was on, which had been travelling in the opposite direction to one blown up by Mohammed Sidique Khan at Edgware Road. She sobbed: "Everyone was going to the floor to try to get air because the train had filled with smoke. “When she heard the screaming she said we had to get those people out. We tried to wedge the doors open but they wouldn't open more than an inch or two. “She tried to break the glass with an axe but it wouldn't break so we were helpless, there was nothing we could do. “The nurse, who was living in London at the time, eventually managed to get into the bombed train through the first carriage of her own Tube, where a window had been broken.

Among the many casualties, she found 29-year-old Laura Webb, a personal assistant who was killed in the blast. The nurse moved on to give first aid to others in the carriage, One woman had a laceration to her leg. Ms Levine said: "I think I found a sweatshirt somewhere and I tied that around her leg to stop the bleeding."

Neil Saunders, a lawyer for Ms Webb's relatives, said: "Laura's family would like me to extend their thanks to you for your efforts that day and the checking that you did."
The inquest, at the Royal Courts of Justice in central London, is still continuing.

Student tuition fee protest turns violent as Tory headquarters

       

                 A demonstration against tuition fees by tens of thousands of students and lecturers descended into violence today when a group of protesters smashed their way into the headquarters of the Conservative party. A number of police officers were injured after they came under attack from youths, some wearing scarves to hide their faces, amid scenes of chaos. Eight people were taken to hospital with injuries after the violence flared at Mill bank Tower, next to the River Thames in central London. Inside the building, windows were kicked in, desks and chairs were overturned and the walls were daubed with anarchist graffiti. Protesters set off fire extinguishers, overturned filing cabinets and threw office paperwork and business cards from the smashed windows. Dozens swarmed onto the roof where they hurled fire extinguishers, burning banners, bottles and cans into the crowd. Several people were knocked unconscious and some were seen with their faces streaming blood after being hit by missiles thrown by protesters, Placards and banners were being burnt, to cheers from the crowd, while protesters inside the building used chairs as they smashed and kicked their way through more of the glass frontage, effectively opening up the whole atrium to the crowd. A confetti of torn newspaper rained down on the hundreds of protesters gathered outside the Mill bank atrium after students gained access to the upper floors of the building. Water also poured down on them, seemingly from a broken sprinkler system above.

             A red flare was let off as the atmosphere within the crowd became increasingly volatile. The crowd responded to the heavy police presence with loud booing, screaming and chanting. Students who had got inside the building's atrium tried to pull down the few remaining huge sheets of glass.

UCU general secretary Sally Hunt said:

                    "The actions of a minority should not distract from today's message. The overwhelming majority of staff and students on the march came here to send a clear and peaceful message to the politicians. The actions of a minority, out of 50,000 people, is regrettable."

And they Should not be so Harsh against Government Though they Conservative Party They can Favor Against students and their Carrier of student life

Debt Collector Misunderstands Notion of 'Mock Trial'

         Debt Collector Misunderstands Notion of 'Mock Trial'

Debt collectors are notorious for their sleaziness. Just the other week, we told you about one who threatened to harm a debtor's kids in an attempt to get the debtor to pay up.

But Unicredit America Inc. deserves an "A" for effort and/or some sort of creativity prize. In an effort to boost collection rates, Unicredit was staging fake court proceedings in its Erie, Penn. offices. Based on the various reports, it sounds like Unicredit went all out. From the Erie Times-News:

Authorities charge that Unicredit used civil court subpoenas to summon consumers to fake court hearings that were used to intimidate consumers into providing access to bank accounts, making immediate payments or surrendering vehicle titles and other assets. Sometimes, the complaint charges, Unicredit employees were sent to consumers' homes in order to retrieve documents or have consumers sign payment agreements.

So according to me the fake courtroom allegedly contained furniture and decorations similar to those used in actual court offices, including a raised "bench" area where a judge would be seated. During some proceedings, authorities charge, an individual dressed in black was seated where observers would expect to see a judge.

York's 311 Data Provides Window Into Complaints

New York's 311 Data Provides Window Into Complaints

In all my years living in New York, I utilized the City's all-purpose, non-emergency 311 system only once. Don't ask.

But I've always been a little fascinated by the concept. Seriously, anything I need, I can call you and you'll actually provide me with useful information/assistance or connect me to someone who can? I've wondered how many people bothered by the nuisances inherent in city life actually understand the distinction between a 911-worthy emergency and something that can be handled by 311. I would have loved to be the New York Times reporter who pulled this assignment back in May, sitting in as a 311 operator for a week.

There's some interesting information on the volume of particular kinds of complaints by time of day -- who would have thought that illegal parking complaints peak at 7 a.m.? And the article paints a pretty impressive picture of the Brave New World on the horizon in terms of gathering, coordinating, making public and making use of, the kind of citizen-driven information that systems like 311 are designed to collect.

Legal Against Apple

Lawsuit Against Apple of the Day:

          Well, the people say that "we all" saw this coming a mile away. I don't know that I'm one of "we all," since I just joined the iPhone cult a couple of months ago, but I guess I'm not surprised.

            Somebody filed a putative class action against Apple in a California state court, claiming that the company maliciously released an operating system upgrade for its 3G and 3GS iPhones knowing the new release would jack those phones up something fierce. Why? So users would get frustrated and buy the iPhone 4, of course.

                The suit claims that Apple knew all along that "upgrading" to the new operating system would turn the formerly mystical device into a "virtually useless 'iBrick.'" The Apple Insider calls the complaint "sensational." Meh. It reads like a pretty typical false advertising/deceptive business practices complaint to me. But, like I said, I'm no Apple addict.

Important US Laws

 Important U.S. Laws

While the Internet still retains some of the “wild wild west” feel, increasingly Internet activity, and particular blogging, is being shaped and governed by state and federal laws. For US bloggers in particular, blogging has become a veritable land mine of potential legal issues, and the situation isn’t helped by the fact that the law in this area is constantly in flux. In this article we highlight twelve of the most important US laws when it comes to blogging and provide some simple and straightforward tips for safely navigating them.

         Whether to Disclose Paid Posts:

          Over the last five years bloggers have begun to displace traditional media outlets as individuals’ source for reliable information and recommendations. This development has created big opportunities for advertisers to get bloggers to endorse a product or service, primarily through posts or affiliate links. But as the practice and influence of bloggers has grown, US law has come to govern this area.

What is the law?

       The Federal Trade Commission published a recommendation that companies who promote their product through word-of-mouth marketing must disclose these relationships. The recommendation applies explicitly to blogging, meaning that bloggers must disclose the fact that they are being paid to promote or review a product whenever that is the case.

PayPerPost and ReviewMe are websites that link advertisers up with bloggers that want to earn money for writing about their products. In light of the FTC recommendation, PayPerPost and ReviewMe bloggers are now required to disclose the fact that they are being paid for their endorsement. But beyond these two sites, there is a much larger industry of “Buzz Advertising” which takes place through informal emails and payments between bloggers. The letter of the FTC recommendation includes these informal payments as well, meaning that even under the table reviews must be disclosed. But considering that to date no blogger has been prosecuted for violating the FTC’s recommendation, it isn’t yet clear how strict the FTC is going to be or the punishments that will be imposed.

How to stay out of trouble:

1.      NEVER claim that you are an objective, unbiased source if you are being paid to provide information.

2.      ALWAYS make it easy for your readers to distinguish between advertising and editorial content.

3.      CONSIDER that even though the FTC’s paid review disclosure recommendation doesn’t appear to apply to links, meaning that webmasters aren’t required to “NoFollow” the paid links they give as of now, scholars at the University of Chicago Law School are currently discussing this as a future development for e-commerce law.

      Is Deep Linking Legal:

      One of the biggest advantages that blogging has over traditional media is the convention to include links in an article which connect the reader directly with the source. The links could direct the reader to a file, a different page on the same site or to a new site altogether. Despite the generally helpful nature of linking and the internet’s open platform, however, linking is not free from US government regulation.

What is the law?

         The biggest issues in linking right now revolve around copyright law and deep linking. Deep linking involves a blogger who places a link on his site that leads not to the front door of a site (e.g. AvivaDirectory.com), but instead to a particular page within that site (e.g. www.AvivaDirectory.com/successful-blog-launch).

Currently, there is no law that explicitly bans all deep linking to content you do not own. However, courts have declared that individual deep links are in violation of state law if they are not cited correctly. Thus, it is clear that passing off someone else’s work as your own by linking to a site in a manner in which it appears that the linked to content is a part of your site, is considered copyright infringement and it violates state laws that govern competitive business practices. But, it also appears that if you make it clear that the deep link you are providing isn’t to your own site then you are in the clear. The leading case in this area is Ticketmaster Corp. v. Tickets.com, Inc. where TicketMaster argued that a deep link by Tickets.com to a TicketMaster actual ticket purchase page was a copyright infringement because traffic was routed through the back door of the site. Thus far, however, no court has found that deep linking by a blogger is a copyright infringement or trespass