An examination of the court issues surrounding microsoft

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An examination of the court issues surrounding microsoft

Her research has contributed to policy development, legislative reform and litigation. Click here to access a PDF version of this article.

TOKYO (11 p.m.)

The Land Act marked seven per cent of the total land mass for the black majority and the Natives Trust and Land Act increased this to 13 per cent.

The boundaries of the Bantustans served as spatial definers of areas under tribal authority. People within these boundaries were treated by the state as tribal subjects, often unable to access many of the rights associated with citizenship. The Bantustans were some of the most fiercely resisted and materially devastating features of apartheid South Africa.

This recognition of pre-existing structures provided for the maintenance of the tribal authority boundaries, the sum of which constituted the Bantustan boundaries under apartheid.

Legislation related to traditional governance introduced to Parliament since the TLGFA has used traditional councils as the primary structures for application of the legislation.

The context of intense violence expressed through the tribal authority boundaries begs the question of how the democratic government has explained the spatial preservation of these boundaries. I seek to answer this question by examining the policy documents and the draft legislation that led to the TLGFA.

This draft legislation illustrates some of the formal discussions surrounding the defining of the boundaries of traditional governance and reveals some of the justifications provided for the adoption of the tribal authority boundaries.

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I show how this draft legislation employs a history that presents tribal authorities as pre-colonial structures and then frames their retention as restoring the integrity of traditional leadership and governance institutions. This legislation has seen power centralized in traditional leadership at the expense of people served by the institution, in line with models of leadership cemented during colonialism and apartheid [1].

Although the TLGFA, and many of the related provincial laws allow premiers to modify traditional council boundaries and to redefine traditional communities, few have done this.

An examination of the court issues surrounding microsoft

The maps of the former Bantustans correspond with the areas with the highest levels of poverty in the country.

Understanding the terms on which these boundaries have been internally legitimized can contribute to more targeted challenges to these boundaries that threaten to undermine access to justice and equal citizenship rights [4] for the approximately While the Discussion Document very briefly addresses questions that directly relate to the boundaries, it raises a series of questions that relate to the authority and powers that traditional leaders gain access to through the boundaries.

These broader questions point to some of the early logics that underline the treatment of traditional leaders in relation to the people that they govern and show justifications for the boundaries that appear in later documents.

The Discussion Document describes processes through which Union and then apartheid administrations co-opted traditional leadership structures and governance systems to assert greater power over African people, explaining: With the introduction of the Black Administration Act… the African system of governance and administration was changed and the white government took control of the African population.

The customary structures of governance of traditional leadership were put aside or transformed.

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New structures were established in their place in terms of the Black Authorities Act of This thread follows how remuneration creates an employee—employer relationship between traditional leaders and the state, which it argues contributes to traditional leaders being accountable to the state rather than the people that they are intended to serve.

Much of the text around this theme grapples with traditional leaders not being given a mandate by the people they serve and not having to answer to these groups to maintain their position.

They also speak to the terms on which people come under traditional leadership — how they organise and are represented by the institution of traditional leadership. The second theme points to the centrality of the institution of traditional leadership, and the interests of people within it, in the re imagining of systems and structures of traditional governance.

It points to the delicate balances between local government and traditional leadership in terms of roles and functions. This theme becomes pertinent to thinking about the boundaries because it illustrates the negotiations of power between different institutions that were considered in defining the parameters of traditional governance.

It references the same history as the Discussion Document, but adds significant distinctions around structures created in terms of custom and those imposed by colonial and apartheid regimes.Ethical Issues in Brain Death: Lessons Learned from High-Profile Recent Cases Alexander A.

Kon, MD, FAAP, FCCM • Court ordered the doctors to not submit a death • Examination by two individuals • Reviewed by court-appointed expert.

The biological aspect above focused on ancestry and history. But this is not academic detail. The history of a population affects it genome, and its genome effects the nature of its traits and.

The Harvard Human Rights Journal was founded in and has since endeavored to be a site for a broad spectrum of scholarship on international and domestic human rights issues. The dynamics over the years between the homeowners and the FCC to can be summed up as follows: The Fountains of Palm Beach was a homeowner centric community prior to , and it was the residents (not the FCC members) who were the focal point, with .

Seminar: The Microsoft Case.

An examination of the court issues surrounding microsoft

Session October 19, a.m. Opening statements of Stephen Houck for Plaintiff States, David Boies for the United States. Microsoft has submitted hundreds of pages of argument, declarations, and exhibits relating to the complex issues surrounding the technology of operating system and browser software and their interaction, as well as to the background, context, and course of the consent decree negotiations leading up to the Final Judgment.

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