Academic literature on the topic 'Defense's rights'

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Journal articles on the topic "Defense's rights":

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Greenlaw, Paul S., and John P. Kohl. "Employer “Business” and “Job” Defenses in Civil Rights Actions." Public Personnel Management 23, no. 4 (December 1994): 573–86. http://dx.doi.org/10.1177/009102609402300404.

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In civil rights actions, employee-plaintiffs alleging discrimination must attempt to prove a prima facie case;1 and if accomplished the employer-defendant must attempt to rebut such cases with some type of defense. These defenses may be very narrow and specific in scope such as the seniority or merit system defenses explicitly provided for under the 1963 Equal Pay Act (EPA). On the other hand, broader “business” and or “job” defenses (and the wording and meaning varies from situation to situation) have been both devised by the courts as standards of behavior for employers, and stipulated for employers by legislation. This article will analyze four important of these employer defenses: (1) the legitimate business reason and its antecedents in EPA litigation; (2) the Bona Fide Occupational Qualification (BFOQ) “reasonably necessary” defense provided in both the Civil Rights Act of 1964 and in the Age Discrimination in Employment Act of 1967; (3) the business necessity and job related standards promulgated in Griggs v. Duke Power, 401 U.S. 424 (1971), as eventually codified by the Civil Rights Act of 1991; and (4) the job relatedness/business necessity/reasonable accommodation defense of the Americans with Disabilities Act of 1990 (ADA). All of the above defenses pose current challenges to employers except probably the BFOQ, so that their examination should be of value to all those involved in employee relations law.
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Harel, Alon. "Revisionist Theories of Rights: An Unwelcome Defense." Canadian Journal of Law & Jurisprudence 11, no. 2 (July 1998): 227–44. http://dx.doi.org/10.1017/s0841820900002009.

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Disputes over the scope of specific rights, e.g., over the right to free speech, the right to property, or the right to equality, often originate in differing assumptions concerning the reasons that justify the protection of these rights. Thus, those who believe that reasons of autonomy justify the right to free speech will identify the scope of this right differently from those who justify this protection through, say, appeal to the marketplace of ideas. Despite the diverse subject matter of these disputes, there is a uniform structure characterizing them. Some supporters of rights, call them “traditionalists,” locate the reasons that justify the protection of rights within individualistic concerns. Others, call them “revisionists,” deny this traditional claim and argue that rights can be partially or exclusively grounded in societal interests.Traditionalism’ and ‘revisionism’ are terms stipulated to clarify the conceptual difference between two different understandings of rights. These understandings are often implicit in the way the term ‘rights’ is used in political or legal debates concerning the scope of particular rights. At other times, these implicit understandings of the term ‘rights’ are articulated more or less explicitly by moral or political philosophers investigating the nature of rights. Thus, when the terms ‘revisionist’ or ‘traditionalist’ are used in this article, they are used in two different ways. Sometimes, they denote implicit fundamental presuppositions about the nature of rights—presuppositions which underlie many of the contemporary debates over the scope of particular rights. At other times, they denote philosophical theories exploring systematically the nature of rights and the reasons underlying them.
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Huang, Tian Ming, Xing Yun Yu, and Chao Xie. "Research on the Sort and Evaluation of National Defense Intellectual Property Rights." Advanced Materials Research 971-973 (June 2014): 2398–401. http://dx.doi.org/10.4028/www.scientific.net/amr.971-973.2398.

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According as the characteristic of National Defense Intellectual Property Rights, such as martial, monopolized, specific and be not suitable for current, the thesis classified National Defense Intellectual Property Rights as National Defense patent, National Defense technology privacy, National Defense copyright, National Defense brand-right and National Defense credit standing right. We should choose different means base on the different types.
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Mudassar Hussain and Naeem Akhtar. "Theoretically Justification of Human Rights: A Case of Natural Rights Theory." Zakariya Journal of Social Science 2, no. 1 (June 30, 2023): 42–53. http://dx.doi.org/10.59075/zjss.v2i1.232.

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The theoretical justification of natural rights examines the philosophical foundations and ethical principles that support the existence and applicability of these rights. People have some rights simply by being human, and neither groups nor governments may bestow them upon them, according to the idea of natural rights. It also provides a concise overview of the theories that support natural rights, including those that rely on moral intuition, human nature, and the Social Contract. The moral intuition approach maintains that natural rights are self-evident and universally accepted since they are based on our innate sense of right and wrong. It claims that certain inherent human rights are required for human flourishing and well-being. Based on the intrinsic qualities and needs of people, the human nature perspective defends natural rights. It argues that some rights, such as the right to life, liberty, and property, are derived from basic human attributes and abilities. According to the Social Contract theory, a hypothetical agreement among members of a community serves as the foundation for natural rights. It proposes that people voluntarily create a Social Contract to set up a governing body that upholds and defends their fundamental rights. These theoretical defenses offer frameworks for comprehending the nature, significance, and defense of natural rights. They emphasize on these rights’ intrinsic and universal nature, the value of human dignity, and the idea of inalienability. Individuals can live dignified lives by recognizing and upholding their natural rights.
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Kvansakul, Marc, Fung T. Lay, Christopher G. Adda, Prem K. Veneer, Amy A. Baxter, Thanh Kha Phan, Ivan K. H. Poon, and Mark D. Hulett. "Binding of phosphatidic acid by NsD7 mediates the formation of helical defensin–lipid oligomeric assemblies and membrane permeabilization." Proceedings of the National Academy of Sciences 113, no. 40 (September 19, 2016): 11202–7. http://dx.doi.org/10.1073/pnas.1607855113.

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Defensins are cationic antimicrobial peptides that serve as important components of host innate immune defenses, often by targeting cell membranes of pathogens. Oligomerization of defensins has been linked to their antimicrobial activity; however, the molecular basis underpinning this process remains largely unclear. Here we show that the plant defensin NsD7 targets the phospholipid phosphatidic acid (PA) to form oligomeric complexes that permeabilize PA-containing membranes. The crystal structure of the NsD7–PA complex reveals a striking double helix of two right-handed coiled oligomeric defensin fibrils, the assembly of which is dependent upon the interaction with PA at the interface between NsD7 dimers. Using site-directed mutagenesis, we demonstrate that key residues in this PA-binding site are required for PA-mediated NsD7 oligomerization and coil formation, as well as permeabilization of PA-containing liposomes. These data suggest that multiple lipids can be targeted to induce oligomerization of defensins during membrane permeabilization and demonstrate the existence of a “phospholipid code” that identifies target membranes for defensin-mediated attack as part of a first line of defense across multiple species.
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AMBROSĂ, Cosmin. "Non-patrimonial Rights Defense – The Right to One's Own Image." Anuarul Universitatii "Petre Andrei" din Iasi - Fascicula: Drept, Stiinte Economice, Stiinte Politice 28 (December 10, 2021): 16–30. http://dx.doi.org/10.18662/upalaw/63.

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A person's image is a fundamental value, provided by both the Civil Code and the fundamental law, whose protection is ensured by maintaining a fair balance between the exercise of the right to be informed and the freedom of expression. Thus, from the point of view of the ECHR’s practice, freedom of expression is not an absolute, inviolable and uncensored right as the freedom of holding an opinion and the freedom of speaking because it must be exercised like any other human rights, within its natural limits so as not to harm in any way the others' right and legitimate interest.
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Mamula, Đorđe. "Right of the accused to adequate time for preparing his defense in the criminal proceedings." Glasnik Advokatske komore Vojvodine 72, no. 8-9 (2000): 309–15. http://dx.doi.org/10.5937/gakv0008309m.

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The author analyzes statutory provisions as to right to defense and right to adequate time for preparing the defense. The author criticizes the Statute that divides these rights into two categories: the rights before and the rights after the first questioning of the accused. The Constitution does not define this right as deferred to some later moment in the proceedings. Guarantees for the position of the accused have to be of such nature to prevent arbitrariness in the application of legal norms.
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Majchrzak, Dawid. "Historia prawa człowieka do obrony. Współczesne jego rozumienie." Civitas et Lex 33, no. 1 (March 20, 2022): 85–100. http://dx.doi.org/10.31648/cetl.6972.

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The purpose of this article is to present the rights to defense in the universal, regional andnational human rights system. The article presents the institutions of the right to defense from theoldest civilisations until today. It shows the most important regulations of the universal systemof human rights protection, as well as regional systems and national law, and analyses the rightto defense as a procedural institution. The aim of this article is to present the evolution of therights of defense from the point of view of human rights where it is an indispensable elementof the applicable codes of criminal procedure. In this article I will try to answer whether, despitethe extensive guarantee of this right, it is sufficiently implemented, and if not why and what arethe ways to change this state.
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Kuzubov, A. A., and A. N. Maksimenko. "Essence of the Stipulation in the Roman Private Law." Legal Order and Legal Values 1, no. 2 (July 17, 2023): 47–55. http://dx.doi.org/10.23947/2949-1843-2023-1-2-47-55.

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Introduction. The issues of stipulation were widely covered in the ancient Roman Law sources of knowledge. Throughout the history of Roman Law, the institution of stipulation has undergone some changes. The stipulation arose in the archaic period and got the greatest development in the classical era. Within the Roman Private Law course, which is obligatory for substantial study of the Law curriculum, the special place is allocated to the topic of stipulation. The aim of the present study is to provide the scientific analysis of the Roman Law sources of knowledge with regard to the subject matter of the institute of stipulation in the Roman Private Law, finding out its structural features, origin and evolvement in the historical perspective.Materials and Methods. The legal, organisational, worldview, methodological and other aspects of studying the stipulation within the Roman Private Law have been considered by applying the methods of scientific cognition generally accepted in Russia: general scientific (dialectical) and specific scientific (analysis, synthesis, historical case specific, logical, etc.) methods.Results. The stipulation is an unilateral agreement (contract) used in the Roman Law, concluded orally (verbally) between the parties (debtor and creditor) in the form of solemn declarations regarding the proprietary rights of the Roman citizens and foreigners. The mandatory attributes of the stipulation are: the grounds, the subject, the parties, the form and classification. Various juridical factors used to be the grounds for arising the stipulation. Alongside, according to the Roman Law School, the provided obligation was referred to the range of conventional (contractual) ones, was unilateral and had an abstract nature. Any obligation comprising the ownership right as well as the right of possession could constitute the subject of the stipulation. The provisions on monetary assessment timeframe of an object of obligation, various conditions for terminating the stipulation, circumstances excluding the defense's claims in the lawsuit based on the stipulation, and mandatory requirements for making a deal have been considered in the article. The parties to the agreement were both Roman citizens and foreigners. The deal could be made for the benefit of a creditor as well as his heirs. The obligations within the stipulation and the features of slaves’ participation in the agreement have been considered. In such agreements the parties were represented by: guardians, adstipulators, donators. The timeframe for fulfilling an obligation should have been indicated as a condition for concluding an agreement, and the period for claims in the lawsuit began from the moment of detecting the violations of an obligation, which took place during the factual happening of an event in the frame of the agreement. The potential perspective has been highlighted during studying the history of obligations within the stipulation on the territory of the Bosporan kingdom, being the part of the Roman protectorate. The examples of the institution of stipulation acceptance in the current Law of Obligations have been considered.Discussion and Conclusions. The conducted research has theoretical and practical value and is targeted at the educators providing professional training to future lawyers. Thus, one of the topics proposed for including into the Study Module “Roman Private Law” is the stipulation, which is traditionally studied within the Roman Law of Obligations.
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McCall, John J. "Employee Voice in Corporate Governance: A Defense of Strong Participation Rights." Business Ethics Quarterly 11, no. 1 (January 2001): 195–213. http://dx.doi.org/10.2307/3857877.

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Abstract:This article surveys arguments for the claim that employees have a right to strong forms of decision-making participation. It considers objections to employee participation based on shareholders’ property rights and it claims that those objections are flawed. In particular, it argues the employee participation rights are grounded on the same values as are property rights. The article suggests that the conflict between these two competing rights claims is best resolved by limiting the scope of corporate property rights and by recognizing a strong employee right to co-determine corporate decisions.

Dissertations / Theses on the topic "Defense's rights":

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Wright, Thomas. "Subjectivity and Fallibility in the Instrumental and Epistemic Defenses of a "Right to Do Wrong"." Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/philosophy_theses/67.

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An instrumental defense of a right to do wrong is plausible because we cannot directly intervene in an individual's choices so as to effectively promote that individual's moral good, if her moral good is conceived as being some form of individual autonomy. An epistemic defense is also plausible if we reorient J.S. Mill's epistemological argument for his Harm Principle in "On Liberty" to center on the agent's knowledge, rather than on the interfering observer's knowledge. Restrictions on harmless acts that are imposed because the acts are wrong are only justifiable to that individual if she herself knows that her acts are wrong. Both approaches depend upon the limited subjectivity and fallibility of the agent or interfering observer. Moreover, both approaches make the justification for a right to knowingly do wrong problematic.
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Lopez, Ramon E. "On rights a defense and analysis of rights through natural law." Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/461.

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One of the central questions in political theory deals with the nature of rights. What sorts of rights do people possess? How are these rights justified? How ought these rights be reflected and related when seen in political, economic, and social institutions? Following the publication of John Rawls' A Theory of Justice (1971) and Robert Nozick's Anarchy, State, and Utopia (1974), rights have once again returned to dominate much of contemporary political theory. However, natural law, which was the historical basis of the early Enlightenment theories of rights, is no longer the primary system appealed to when discussing rights. In fact, classical natural law has been all but discarded in most of political theory today. There has also been renewed debate over the nature of public neutrality, and what the relationship ought to be between the public and private sphere. The mainstream view of how our liberties relate to our rights, as well as what kinds of rights we have over our private affairs, has come under fire from a newly emerging political philosophy known as communitarianism. This thesis will present a robust theory of rights that provides a new understanding of the relationship between positive and negative rights through a defense of classical natural law as an ethical foundation for political theory. It will side with the communitarian critics of public neutrality, and offer a practical method of determining when the state is justified in limiting private liberties due to public interest.
B.A.
Bachelors
Sciences
Political Science
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Simmons, Aaron. "In Defense of an Animal’s Right to Life." Bowling Green State University / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=bgsu1142895795.

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Sabine, Kathryn Rose. "Post-Roe: In defense of reproductive rights." Thesis, The University of Arizona, 2004. http://hdl.handle.net/10150/291635.

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Second wave feminists almost necessarily withdrew from the quagmire of motherhood politics to focus more directly on reproductive rights policy. Many third wave feminists have not yet experienced the hardships and heartache of attempting to balance career and motherhood, so there is a generational rift at play within the feminist movement. Being inclusive of all women's experiences and choices will help feminists create a reproductive rights policy that meets the needs of more women in their decisions to mother (or not) and provide invaluable information feminists need in seeking to address disparate measures of economic and social stability mothers are subjected to. By meeting the needs of more women, the feminist movement creates a sympathetic political constituent base to draw from when backlash efforts are enacted against such policies.
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Kacher, Benjamin Lawrence. "Commercial Computer Software License Rights in Defense Acquisition." Thesis, The George Washington University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1566105.

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The tremendous growth of the commercial software industry in the United States represents an excellent opportunity for the United States Department of Defense ("DoD") to acquire quality software products that will help the DoD achieve its missions. However, the DoD struggles to acquire commercial computer software ("CCS") and commercial computer software documentation ("CCSD") effectively because of the inconsistencies and contradictions found in its rules governing the acquisition of CCS and CCSD.

The DoD's rules governing the acquisition of CCS and CCSD appear simple on the surface and represent an admirable attempt to enable the DoD to more easily acquire CCS and CCSD in the commercial marketplace and to allow commercial vendors to sell their products to the DoD. However, these rules contain many unseen inconsistencies and problems and therefore lead to many areas of confusion and even contradiction.

The primary purpose of this paper is to find ways to help the DoD and CCS vendors work together more effectively, by explaining the DoD's rules governing acquisition of CCS and CCSD, explaining fourteen primary problem areas associated with the acquisition of CCS and CCSD and, finally, by exploring potential solutions to these problems.

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Betz, Adam Thomas. "Rights, self-defense, and responsibility: A revision of Thomson's account of self-defense." Connect to online resource, 2008. http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation&res_dat=xri:pqdiss&rft_dat=xri:pqdiss:1456686.

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Boyer, Kevin. "Les droits de la défense dans le système judiciaire haitien." Electronic Thesis or Diss., Toulon, 2022. http://www.theses.fr/2022TOUL0153.

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Depuis une trentaine d'années, le système judiciaire en Haïti s'est considérablement fragilisé. Les juridictions font face à des dysfonctionnements permanents qui entravent leur bonne marche. Cette fragilisation s'inscrit dans le contexte plus vaste d'un pays confronté à des difficultés politiques, économiques et sociales. La complexité de la situation juridictionnelle en Haïti a ainsi d'importantes incidences sur l'effectivité des droits de la défense, notamment en matière civile. Malgré certaines avancées normatives, les garanties procédurales des parties an cours d'un procès ne sont pas suffisamment protégées par le droit haïtien.Cette étude sur les droits de la défense dans le système judiciaire haïtien cherche à analyser l'effectivité de ces droits en amont, au cours et à l'issue de l'instance. Elle tente plus particulièrement de pointer les causes juridiques et extra-juridiques qui expliqueraient l’inefficacité de la protection des droits de la défense en Haïti. Tout en faisant appel au dynamisme du droit français, notamment sous l'impulsion de la Convention européenne des droits de l'homme, cette thèse aborde en parallèle des propositions de réformes qui permettraient de renforcer les garanties procédurales de tous les justiciables haïtiens
The haitian legal system has significantly weakened these past thirty years. The courts are facing permanent malfunctionning. This fragility fits in a larger context of a country that has political, economical and social difficulties. However, the complexity of the legal situation has an important impact on the effectiveness of the defense's rights, particularly in civil matter. Despite the fact that some legal progresses were made, the procedural guarantees during the trial does not protect enough the parties in the haïtian law.This study of the defense's rights in the haïtian legal system tries to analyze the effectiveness of these rights before, during and after the trial. It points out the legal and extra-legal causes that could explain the ineffectiveness of the defense's rights in the country. In the light of the dynamism of the french law, under the impulse of the European convention of human rights, this thesis tackles suggestions to improve the procedural guarantees of all parties in the haïtian legal system
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Simmons, Aaron. "In defense of an animal's right to life." Connect to this title online, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=bgsu1142895795.

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Slaten, Kevin Richard. "Obscure Terrain: The Rights Defense of Qingdao Internal Migrant Workers." The Ohio State University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=osu1337959111.

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Bui, Ngoc Quang H. "Dworkinian Liberalism & Gay Rights: A Defense of Same-Sex Relations." Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/philosophy_theses/71.

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Recent changes in the politics of gay rights have led to a gay rights demand for liberal governments: i) decriminalization of sodomy and ii) full governmental recognition of civil, same-sex marriages. Challengers to liberalism argue that a neutral liberalism cannot satisfy the gay rights demand. I argue that the liberal political framework put forth by Ronald Dworkin can adequately fulfill the gay rights demand. Dworkinian liberalism, which is neutral with respect to the ethical life, need not be neutral with respect to moral and non-ethical values. I argue for the more modest claim that Dworkinian liberalism has the conceptual tools and principles for satisfying the gay rights demand. In arguing for my claim, I discuss the internal criticisms of Carlos Ball and Michael Sandel and the external criticism of John Finnis. I argue that these concerns are surmountable. Dworkinian liberalism is capable of offering a robust defense of same-sex relations.

Books on the topic "Defense's rights":

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Murase, Shinʼya. Jieiken no gendaiteki tenkai: The right of self-defence in the contemporary context. 8th ed. Tōkyō: Tōshindō, 2007.

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Meyers, Diana T. Inalienable rights: A defense. New York: Columbia University Press, 1985.

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Calnan, Alan. The right to civil defense in torts. Durham, North Carolina: Carolina Academic Press, 2013.

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Lewin, Isaac. In defense of human rights. New York: Research Institute of Religious Jewry, 1992.

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Masferrer, Eduardo A., Susan B. Church, Laura Rotolo, and Wendy S. Wayne. Immigration, criminal defense, & civil rights. [Boston, MA]: MCLE, 2011.

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Rosen, Joanne. Making rights real: The challenge of human rights litigation. Toronto: Faculty of Law, University of Toronto, 2001.

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Rosen, Joanne. Making rights real: The challenge of human rights litigation. [Toronto: Faculty of Law, University of Toronto, 2001.

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Spinello, Richard A. A defense of intellectual property rights. Cheltenham, UK: Edward Elgar, 2009.

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Spinello, Richard A. A defense of intellectual property rights. Cheltenham, UK: Edward Elgar, 2009.

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Kershnar, Stephen. For torture: A rights-based defense. Lanham, Md: Lexington Books, 2012.

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Book chapters on the topic "Defense's rights":

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DeGrazia, David. "Does a Right to Self-Defense Support Gun Rights?" In Dialogues on Gun Control, 33–60. New York: Routledge, 2023. http://dx.doi.org/10.4324/9781003105404-3.

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Manacorda, Stefano, and Costantino Grasso. "Defense’s Rights and Rule of Evidence." In Fighting Fraud and Corruption at the World Bank, 103–28. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-73824-6_5.

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Little, David. "The Right of Self-Defense and the Organic Unity of Human Rights1." In Warfare Ethics in Comparative Perspective, 278–95. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003336372-18.

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Simon, David R. "National Defense, Multinational Corporations, and Human Rights." In Elite Deviance, 167–200. Eleventh Edition. | New York : Routledge, 2018. | Revised edition of the author’s Elite deviance, c2008.: Routledge, 2018. http://dx.doi.org/10.4324/9781315162584-5.

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Puritz, Patricia. "Building a national juvenile defense community: the National Juvenile Defender Center." In Rights, Race, and Reform, 169–83. New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315105901-10.

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Pevar, Stephen L. "Judicial Review." In The Rights of Indians and Tribes, 461–96. 5th ed. Oxford University PressNew York, 2024. http://dx.doi.org/10.1093/oso/9780190077556.003.0017.

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Abstract This chapter explains the types of lawsuits that can be filed by Indians and tribes seeking to protect and enforce their rights. Different remedies exist depending on whether the government violating the rights at issue is the tribe, the state, or the federal government. This chapter discusses when, where, and how to file suit to enforce your rights and what defenses the government may assert against any such lawsuit. It also explains the fact that, due to certain defenses a government has, some rights cannot be enforced in the courts. The single most effective defense that all three governments have is sovereign immunity: the general right not to be sued unless the government has consented to be sued. But sovereign immunity is not absolute, and this chapter explains when and where it applies.
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RODIN, DAVID. "Rights." In War and Self-Defense, 17–34. Oxford University Press, 2002. http://dx.doi.org/10.1093/0199257744.003.0002.

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Cooter, Robert D., and Ariel Porat. "Lapses and Substitution." In Getting Incentives Right. Princeton University Press, 2014. http://dx.doi.org/10.23943/princeton/9780691151595.003.0005.

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This chapter deals with lapses of attention, for example by a driver or a doctor, and explains how a negligence rule gives injurers an incentive to substitute activities with unavoidable accidents for activities with lapses. Under current tort law, a lapse of attention will always be considered negligence and trigger liability for the resulting harm. However, the chapter shows that it should not be the case. After providing an overview of lapse defenses in prevailing law, the chapter examines the openness of liability law to the lapse defense and some activities that substitute unavoidable harm for lapses. It also explains how a lapse defense is implemented and shows how the lapse defense dampens inefficient substitution and increases collection of supporting information.
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Hooker, Juliet. "Disobedience In Black." In Protest and Dissent, 45–63. NYU Press, 2020. http://dx.doi.org/10.18574/nyu/9781479810512.003.0003.

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Philosophical and political questions about the legitimacy of uncivil disobedience have been a core preoccupation of African American political thought since its inception. Additionally, a systematic misreading of black protest movements, particularly the US Civil Rights Movement of the 1960s, has been a fundamental referent for philosophical defenses of a right to civil disobedience. This essay takes Candice Delmas’s defense of uncivil disobedience as a point of departure to reflect on how African American political thought challenges dominant liberal understandings of dissent, and to consider the conceptions of political obligation that should accompany accounts of principled lawbreaking.
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deGuzman, Margaret M. "Defendants’ Rights and Defenses." In Shocking the Conscience of Humanity, 142–64. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198786153.003.0006.

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This chapter shows that courts and commentators sometimes use the concept of gravity to justify restricting defendants’ rights, including the right to a fair trial, and to limit defenses, such as those based on amnesties and immunities. As in the contexts discussed in earlier chapters, such invocations of gravity tend to obscure competing values and goals, often favoring accountability without adequate justification. As such, they threaten the legitimacy of the international criminal law regime. The chapter proposes a reconceptualization of gravity as a function of global goals and values, and argues that competing values should be balanced to achieve more legitimate outcomes.

Conference papers on the topic "Defense's rights":

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Amineva, Aigul. "CLAIM FOR RECOGNITION OF A PROPERTY RIGHT IN THE DEFENSE OF NEIGHBOR'S RIGHTS." In MODERN PROBLEMS AND PROSPECTS OF DEVELOPMENT PRIVATE LAW AND PUBLIC LAW REGULATION. Baskir State University, 2022. http://dx.doi.org/10.33184/spprchppr-2022-04-22.5.

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Alhammad, Aljawharah, Aljoharah Alsurayyi, Reema Alshehri, Saba Alhoshan, and Maali Alabdulhafith. "Virtual Me Blockchain-Based System for Virtual Rights Ownership." In 5th International Conference on Networks, Blockchain and Internet of Things. Academy & Industry Research Collaboration Center, 2024. http://dx.doi.org/10.5121/csit.2024.140503.

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In the virtual realm, human rights face vulnerability, particularly with intangible rights such as the right to own the voice, which lacks tangible representation in the physical world. The increasing use of artificial intelligence (AI) intensifies the challenge of protecting virtual rights, as there is currently no established legal or technical defense against violations, especially concerning voice ownership. Our proposed solution employs blockchain technology and smart contracts, forming the Virtual Me system. This innovative system attributes the original voice to its rightful owner, mitigating violations and unauthorized usage. What sets our solution apart is its pioneering role in providing a technical foundation for safeguarding virtual human rights. The system aligns with the requirements of virtual human rights ownership, ensuring comprehensive protection and registration for their original owners.
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Dikhtiievskyi, P. V., O. V. Kryvenko, and V. Y. Pashinskyi. "SECTION 9. The genesis of legal support of the defense of Ukraine." In HUMAN RIGHTS AND PUBLIC GOVERNANCE IN MODERN CONDITIONS. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-320-0-9.

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Prasetyadji, Kuncoroadi, Witri Aulia Maudy, and Supandi. "Defense Economics Viewpoint of Intellectual Property Rights." In International Conference on Law, Economics and Health (ICLEH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.200513.030.

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Kovtun, O. M. "SECTION 15. Environmental rights of citizens: concepts, types and some features of their defense in the European Court of Human Rights." In HUMAN RIGHTS AND PUBLIC GOVERNANCE IN MODERN CONDITIONS. Baltija Publishing, 2023. http://dx.doi.org/10.30525/978-9934-26-320-0-15.

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Alatas, Zecky, and Faisal Santiago. "In The Client's Defense, The Effectiveness of Advocacy's Immune Rights." In Proceedings of the 2nd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2022, 16 April 2022, Semarang, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.16-4-2022.2320138.

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Astrid Mendez Gonzalez, Paula, Sofía Castañeda Mosquera, María Paula Bernal Tinjaca, Ricardo Mejía Sarmiento, Roberto Alejandro Morales Rubio, Juan Camilo Giraldo Manrique, and Santiago Baquero Lozano. "Participatory construction of futures for the defense of human rights." In PDC '20: Participatory Design Conference 2020 - Participation Otherwise. New York, NY, USA: ACM, 2020. http://dx.doi.org/10.1145/3384772.3385155.

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Liu, Suxin. "Research on Defense Right Systems in Bilateral Contract." In 4th International Conference on Culture, Education and Economic Development of Modern Society (ICCESE 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200316.345.

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Changchen, Liu, Xiao Jiangwen, and Luo Yunfeng. "An Analysis on Defense Procurement Entry Right Allocation Mechanism." In 2010 International Conference on E-Business and E-Government (ICEE). IEEE, 2010. http://dx.doi.org/10.1109/icee.2010.117.

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Mersinaj, L. "ASYLUM AS A FUNDAMENTAL RIGHT AND INTERNATIONAL DEFENSE INSTRUMENTS." In VI International Youth Conference "Perspectives of Science and Education". Prague: Premier Publishing s.r.o., 2019. http://dx.doi.org/10.29013/vi-conf-usa-6-166-171.

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Reports on the topic "Defense's rights":

1

Davies, Andrew L. B., Blane Skiles, Pamela R. Metzger, Janelle Gursoy, and Alex Romo. Getting Gideon Right. SMU Dedman School of Law, April 2022. http://dx.doi.org/10.25172/dc.8.

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In Gideon v. Wainwright, the U.S. Supreme Court held that the government must provide a criminal defense lawyer for any accused person who cannot afford one. But for too many people, Gideon's promise remains unfulfilled. In Texas, there are no statewide guidelines about who is entitled to a court-appointed lawyer. Instead, counties create their own rules that create serious gaps in constitutional protection. Getting Gideon Right investigates the financial standards that determine an accused person's eligibility for appointed counsel in Texas county courts. The report reveals a patchwork of county court policies that are both complex and severe.
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McGrath, James P., and III. Maritime Homeland Defense Command and Control: What is the Right Arrangement? Fort Belvoir, VA: Defense Technical Information Center, February 2002. http://dx.doi.org/10.21236/ada401132.

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Aspin, Les. Getting the Right Defense and The Industrial Base to Produce It. Fort Belvoir, VA: Defense Technical Information Center, April 1992. http://dx.doi.org/10.21236/ada250774.

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Samuelson, Pamela, Kevin Deasy, and Anne C. Martin. Proposal for a New 'Rights in Software' Clause for Software Acquisitions by the Department of Defense. Fort Belvoir, VA: Defense Technical Information Center, September 1986. http://dx.doi.org/10.21236/ada182093.

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Samuelson, Pamela. Understanding the Implications of Selling Rights in Software to the Defense Department: A Journey through the Regulatory Maze. Fort Belvoir, VA: Defense Technical Information Center, March 1986. http://dx.doi.org/10.21236/ada175166.

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Maxon, Richard G. Nature's Eldest Law: A Survey of a Nation's Right to Act in Self-Defense. Fort Belvoir, VA: Defense Technical Information Center, April 1995. http://dx.doi.org/10.21236/ada295851.

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Hoffman, Wyatt. AI and the Future of Cyber Competition. Center for Security and Emerging Technology, January 2021. http://dx.doi.org/10.51593/2020ca007.

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As states turn to AI to gain an edge in cyber competition, it will change the cat-and-mouse game between cyber attackers and defenders. Embracing machine learning systems for cyber defense could drive more aggressive and destabilizing engagements between states. Wyatt Hoffman writes that cyber competition already has the ingredients needed for escalation to real-world violence, even if these ingredients have yet to come together in the right conditions.
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Brink, Malia N., Pamela R. Metzger, Claire Buetow, and Terrence Cain. Ending Arkansas’ First Appearance Crisis. Southern Methodist University, Dedman School of Law, Deason Criminal Justice Reform Center, May 2024. http://dx.doi.org/10.25172/dc.12.

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Arkansas law is clear: every arrested person has the right to an attorney’s help the first time they see a judge. But across the state, people often face a judge at first appearance without a lawyer by their side. Even worse, a shortage of attorneys means people sometimes wait months for a lawyer’s help. The Constitution promises that every person in jail will have access to the courts and to counsel. Yet far too often, Arkansas allows people to languish in jail alone, afraid, and undefended. This policy brief outlines research-based solutions for Arkansas to honor the Constitution’s promises by guaranteeing counsel at first appearance, ensuring appointment of defense counsel within 72 hours of arrest, and adequately funding public defense. These reforms can end the first appearance crisis, reduce court backlogs, and ease jail overcrowding.
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Meret, Susi. The impact of the Russia-Ukraine War on Right-Wing Populism in Europe. The case of Denmark. European Center for Populism Studies (ECPS), March 2023. http://dx.doi.org/10.55271/rp0016.

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At the referendum held in Denmark on June 1st, 2022 (Indenrigsministeriet, 2022), two-thirds of the electorate (66.9 %) voted for the removal of the Danish EU opt-out on Common Security and Defense Policy. This result was noteworthy, and it must be understood within the context of the Russian invasion of Ukraine, and in the light of the situation of instability and insecurity sparked by an international crisis, that added up to the effects of the global health crisis. The populist right-wing parties in parliament were against the removal, arguing Denmark would renounce decisional power on key military and security areas. Instead, these parties advocate for the strengthening of the military within the NATO-alliance, starkly opposing further development at EU level. The impact of the Russia-Ukrainian war opens new opportunities for the populist right, whose electoral support has been waning over the past years. The newly established party, The Denmark Democrats can gain from the situation to strengthen and consolidate their position. The New Right and the crisis ridden Danish People’s Party can exploit the situation to gain voters’ support, playing on feelings of insecurity and international crisis.
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Ziolkowski, Christopher. DTPH56-16-T-00020 Pipeline Defense with Combined Vibration Earth Movement and Current Sensing. Chantilly, Virginia: Pipeline Research Council International, Inc. (PRCI), June 2019. http://dx.doi.org/10.55274/r0011937.

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The project objective was to demonstrate the feasibility of a pipeline right-of-way defense system based on a suite of stationary sensors mounted on, and adjacent to, the pipeline. The sensor data from multiple locations along the pipe are wirelessly forwarded to a central location for further analysis. Analytics residing at a central location correlate the data from multiple sensors to alert operators to events of interest occurring in the ROW with minimal latency. The purpose of this project is to design, test, and demonstrate in the field a system that automatically monitors the right-of-way (ROW) and notifies gas utility operators of various threats. The deployment of this system would allow utilities to mitigate risk to their pipelines by being better informed of where and when threats are occurring. The current practice is for utility inspectors to patrol the ROW with emphasis on areas where construction is ongoing. Automated monitoring and notification would allow personnel to be more efficiently dispatched.

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