3 resultados para Equitable remedies

em DigitalCommons@University of Nebraska - Lincoln


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The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

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Abstract This paper analyzed the changing livelihood strategies in Kenya, and their cultural impacts via a literature review. I then combined this understanding with the data I collected while in Kenya to examine the opinions local people have of community conservation initiatives, based on their changing livelihood strategies. I expected to find that the following factors would have an affect on the opinions local community members have of community conservation initiatives: livelihood strategy, gender, ethnicity, whether or not they believe the distribution of benefits coming from wildlife conservation is equitable, what issues they would like to see improved within community conservation initiatives, and their overall satisfaction with community conservation initiatives. Through correlation tests done using SPSS (Statistical Package for Social Scientists) I found that all five of these factors do influence the perceptions local community members have of community conservation initiatives within the Amboseli region in Kenya.

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The installment land contract is both an instrument of transfer and a method of financing sales of land. If properly drawn, it can have a number of advantages for both the buyer and seller. Both parties should contact their attorneys to be sure that the terms of the contract are clearly stated and understood. This research publication discusses how long-term installment land contracts are used in the agricultural community.