Professional Misconduct Among Lawyers - Free Essay Example

TITLE: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS TOPIC: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS. Introduction and Nature of Misconduct The field of law has numerous subdivisions of profession to be involved into. This includes conveyancer, barrister, solicitor, lawyer, public prosecutor, public defender, judicial commissioner, and judges. As all know, a career in the legal profession can be intellectually challenging, personally fulfilling and financially rewarding. The role of the lawyer varies significantly across legal jurisdictions. An important aspect of a lawyers job is developing and managing relationships with clients. The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the clients case, clarifies what the client wants to accomplish, and shapes the clients expectations as to what actually can be accomplished, begins to develop various claims or defences, and explains her or his fees to the client.[1] However, this profession has its own adversity. It is duly acknowledge that a lawyer has a duty of care toward s their client. The breakdown of the fiduciary obligation will leads to misconduct in part of the lawyer. Misconduct can be defined as a dereliction of duty, which is unlawful or improper behaviour[2]. It also means no more than incorrect or erroneous conduct of any kind of a serious nature, and does not necessarily connote moral censure[3]. In legal terms, misconduct is wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of ones acts.[4] There are some other famous words which also have been used to describe the same meaning of misconduct i.e. negligence, misbehaviour, wrongdoing, and malpractice. Professional Misconduct General Overview Despite of the promising handsome wedges in return, a lawyer has a fiduciary duty and obligation to his client. The failure to oblige with the duty will amount to breach of duty or legally known as a professional misconduct. In general, professional misconduct can be well-defined as a behaviour considered by the governing body of a profession to be unworthy of member of that profession. This may lead to removal from a professional register[5]. Other than that, it is also known as professional malpractice. It is an instance of negligence or incompetence on the part of a professional. A legal malpractice is a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to render professional services with the skill, prudence and diligence that an ordinary and reasonable lawyer would use under similar circumstances[6]. Professional misconduct was described in Re A Solicitor, ex p Law Society[7] as conduct which would reasonably be regarded as disgraceful and dishonourable by solicitors of good repute a nd competency. In other case of Myers v Elman[8] Lord Wright opined professional misconduct can be regarded as an act of gross neglect or inaccuracy and failure on the part of a solicitor to realize his duty to aid in promoting in his own sphere the course of justice. Misconduct among lawyers encompasses variety of issues related to unethical or illegal conduct by a lawyer. Misconduct of lawyers may include conflict of interest, over billing, refusing to represent a client for political or professional motives, false or misleading statements, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument, and in some instances having sex with a client.[9] In addition, lawyers are beneficiaries of the privilege of the practice of law and subject to higher duties and responsibilities than non-lawyers. A lawyers fiduciary duties arise from his status as a member of the legal profession and expressed in the applicable rules of professional conduct. The idea of professional misconduct commonly related to the act of negligence in some particular profession such as lawyer. Furthermore, a lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s profession is accompanied with statutes which govern the practice of law through its establishment of rules of conduct. These rules are then adopted, sometimes in a modified form, by state courts and enforced by court-appointed disciplinary committees or bar council which the implementation varies by country. Beforehand, there are some elements that need to be fulfilled in order to prove an act of negligence. Mere mistake by a lawyer not easily fall within the definition of negligence. To prove negligence occurred in part of the lawyer, there must be a duty of care owed to the plaintiff which is breached such that damage results.[10] A general theory of negligence liability was laid down there in the landmark case of Donoghue v Stevenson[1 1] namely, à ¢Ã¢â€š ¬Ã…“I owe a duty of care to my neighbour and my neighbour is he whom I can reasonably foresee could suffer injury or damage by my actà ¢Ã¢â€š ¬Ã‚ . The principle in Donoghueà ¢Ã¢â€š ¬Ã¢â€ž ¢s case had been further clarified by Lord Wilberforceà ¢Ã¢â€š ¬Ã¢â€ž ¢s judgement in Anns v Merton LBC[12] that the principle had to be applied in two stages. The first stage was the determination of whether there was reasonable foreseeability of injury. The second stage was the determination of whether there were any considerations that ought to negative or reduce or limit the scope of the duty or the class of persons to whom it was owed or damages in respect of which recovery was possible.[13] Later, the decision in Annsà ¢Ã¢â€š ¬Ã¢â€ž ¢s case was reconsidered and overruled in Murphy v Brentwood District Council[14] where in that case there was certainly foreseeability of loss in part of plaintiff but proximity was absent. The issue of negligence liability in p art of the lawyer may arise usually when there is deficiency in execution of work for example, if he or she fails to provide competent representation to a client, to act with diligence and promptness regarding a clients legal concerns, or to keep a client informed of legal proceedings. Malaysian View In Malaysia, the legal profession is a fused profession. There is no distinction between the duties of a barrister and that of a solicitor, although in practice it is not uncommon to find certain practitioners merely indulge in solicitors work and some others undertaking solely litigation work. Yet, it does not mean that those undertaking litigation work are immune from negligence suit like in England before.[15] Under Malaysian law, misconduct is committed by an advocate and solicitor if a particular act or omission falls within Section 94 (3) (a) à ¢Ã¢â€š ¬Ã¢â‚¬Å" (o) of the Legal Profession Act (LPA) 1976. As can be seen in the particular section, the word à ¢Ã¢â€š ¬Ã…“includesà ¢Ã¢â€š ¬Ã‚  referring to the examples given are not thoroughly cover all possible misconduct that an advocate and solicitor may commit during the discharge of his professional duties. These are some examples of misconduct provided under the Act are as follows:- Conviction of criminal offence Breach of duty to a court including breach of an undertaking Dishonest and fraudulent conduct whilst in the discharge of duties Breach of the rules of practice and etiquette of the profession Being adjudicated a bankrupt and also contravening Section 33 of the Bankruptcy Act 1976 Giving gratification to any person for having procured a legal business Directly or indirectly procuring or attempting to procure legal business Accepting employment in any legal business through a tout Allowing an unauthorized person to carry on legal business Carrying on any business which is incompatible with the legal profession Breach of any provision of the LPA 1976 or any rules made thereunder Disbarment, striking off, suspension or censure of an advocate and solicitor in the capacity of a legal practitioner in any other country Charging grossly excessive legal fees Gross disregard of clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest Being guilty of any conduct which is unbefitting of an advocate and solicitor Section 117(4) of LPA 1976 further states that any provision in the agreement which states that the advocate and solicitor shall not be liable for negligence or that he shall be relieved from any responsibility to which he would otherwise be subject as an advocate and solicitor, shall be wholly void. It is therefore submitted that there is a contractual relationship between an advocate and solicitor and a client. The contractual relationship requires the advocate and solicitor to carry out the duties entrusted upon him with due care and skill. Any shortcomings on the part of an advocate and solicitor in doing so would necessarily allow a client to commence a suit in negligence against the said advocate and solicitor.[16] Then it would be up to the court to decide that the said advocate and solicitor was in fact committing negligence. The effect on professional misconduct was provided in Section 94 of LPA 1976 where any advocate and solicitor who have been guilty of any miscon duct shall be liable to be struck off the Roll or suspended from practice for any period not exceeding five years. In Re An Advocate v Solicitor[17], the court recorded a censure and ordered the respondent to pay costs as the solicitor had prepared an affidavit that is untrue, and that is known to him to be untrue. The court held that this to be a very serious offence. In some cases of his kind the appropriate penalty would be either to strike off the offender (if it was a very bad case) or to suspend him for a period of time.[18] Cases on Professional Misconduct Among Lawyers Section 94 (3) (b) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct breach of duty to a court including any failure by him to comply with an undertaking given to a court. In Home Office v Harman[19], a long term prisoner brought an action against the Home Office on the allegation that his detention was unlawful as he was kept in an experimental control unit isolated from the rest of the prison system. The prisoner was represented by a solicitor who had obtained documents in relation to setting up the prison by way of discovery. The solicitor had given an express undertaking that the document will not be used for any other purpose other than the case at hand. However, in breach of this express undertaking, the solicitor had allowed the journalist to have access to the said documents which resulted in the publication of a highly critical article about the Home Office. The Home Ministry then brought an action bef ore the court. The House of Lords held that Harman was found guilty. Section 94 (3) (d) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct of breach of any rule of practice and etiquette of the profession made by the Bar Council under the Act or otherwise. In Lim Soh Wah Anor v Wong Sin Chong Anor[20] the Court of Appeal had occasion to consider the consequences of an advocate and solicitor failing to be present in court on the trial date and also failing to inform the client of the trial date. The Court of Appeal in holding the advocate and solicitor liable in negligence held that it is a fundamental duty of a solicitor to diaries the cases and keep the clients informed of dates and prepare the case with the client. In Saif Ali v Sydney Mitchell Co[21], the plaintiff who was a passenger in a van was injured in a collision with a car driven by Mrs S. He was advised by a barrister to sue Mr S but it turne d out that Mr S might be the wrong party to sue since he was not the one who drove at the time accident occurred. Counsel advised that no amendment of the pleading was necessary and later when the action against Mr S was dropped, it was too late to sue Mrs S. In holding the barrister liable for negligence, the House of Lords was impressed by the fact that the barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s negligence was the failure to advise that Mrs S should be joined as defendants. In other case of Neogh Soo Oh v Rethinasamy[22], the court held that a solicitor who did not conduct a land search failed to inform the client that the land which he wished to purchase has already been gazetted for compulsory acquisition. The court held that the solicitor is liable for negligence for breach of duty of care. In an illuminating judgment, his Lordship Gunn Chit Tuan J (as he then was) held that the defendant had failed in his duty to use reasonable care and skill in giving his advice and taking such acti on as the facts of this particular case demanded of a normally competent and careful practitioner. Section 94 (3) (i) of LPA 1976 provides that all attorneys and solicitors are subject to disciplinary actions if guilty of any misconduct allowing any unauthorized person to carry on legal business in his name without his direct and immediate control as principal or without proper supervision which makes him unfit to be a member of his profession. In Myers v Elman[23] illustrates the example of allowing an unauthorized person to carry on legal business of a lawyer. In this case, the respondent was a solicitor on record to one of the defendants. At the close of the case, the plaintiff made an application that the respondent should be ordered to pay the costs of the action on the ground that he had been guilty of unprofessional conduct. It was proved that the respondent had left the conduct of the case in the hands of his managing clerk, who was not a solicitor to prepare affidavit s. The House of Lords in finding the solicitor guilty of professional misconduct held that as a solicitor he could not escaped his responsibility to the court for the proper discharge of his duties to the court by delegating them to a managing clerk who was not personally amenable to the jurisdiction exercised by the court over solicitors as its officers. Lord Atkin further held that the court is not concerned with a breach of duty to the other litigant, but the breach of duty itself.[24] Some of reported cases show that advocates and solicitor may found guilty for misbehaviour and improper conduct in court which leads to the offence of contempt of court. In the case of Re Kumaraendran, An Advocate Solicitor[25], the counsel was defending an accused person charged with an offence under the Corrosive and Explosive Substances and Offensive Weapons Ordinance 1958. The defence counsel was shouting at the witness and had failed to conduct the case with decorum and proper manner. T he learned President, Low Hop Bing recorded the defence counselà ¢Ã¢â€š ¬Ã¢â€ž ¢s disorderly behaviour. The defence counsel later made an application to court for the matter to be heard by another judge. The court then ruled that the advocate had committed contempt of court and committed the advocate to two days imprisonment. Another case of Re TT Rajah; The Law Society of Singapore v Tampoe T Rajah[26], the respondent an advocate and solicitor used grossly offensive and improper expressions and threatening gestures to the defence counsel. The respondent had called the DPP, a government agent, a running dog and the court à ¢Ã¢â€š ¬Ã¢â‚¬Å" a police court, an organ of power. The Attorney General then complained to the President of the Law Society who then instituted disciplinary proceedings. The Disciplinary Committee found the respondentà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct in court to be professional misconduct and ordered that he be suspended from practice for two years. On appeal to th e court, his Lordship Wee Chong Jin CJ upheld the decision of the Disciplinary Committee. Immunity against Civil Suit Notwithstanding of the cases given, the existence of immunity to advocate and solicitor from negligence liability is still an open question. In England, although a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s immunity from negligence liability has a history of some 200 odd years; its precise formulation was of recent vintage and appeared in some cases.[27] In Rondel v Worsley[28], the appellant had been represented in a criminal assault charged by the respondent barrister on a dock brief. After his conviction, he brought a negligence suit against the respondent alleging that the respondent had been negligent in undertaking his defence, inter alia to reveal and prove that the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s wounds were not caused by a knife and the appellant was not in a the habit of using a knife. The allegation was negligence in failing to put certain questions to witnesses and failing to call certain witness. The House of Lords agreed with the Court of Appeal that no reasonable cause of action was disclosed affirming the rule that the barrister was immune from any negligence liability. Based in this case, there is rejection of the popular theory, which singling out of public policy in the administration of justice as the sole foundation of a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢ immunity. A first consideration was that a barristerà ¢Ã¢â€š ¬Ã¢â€ž ¢s duty to advance his clientà ¢Ã¢â€š ¬Ã¢â€ž ¢s interest must be subject to a higher duty to the court to assist. In the absence of any immunity would mean that a disgruntled client who has been successfully prosecuted in a criminal suit can raise the issue of his guilt again in a civil suit for negligence against his barrister. This would have the undesirable consequence of retrying the criminal action in a civil action where the burden of proof is very different.[29] Conclusion In the statements of Datuk Seri Dr Rais Yatim, Minister in the Prime Ministerà ¢Ã¢â€š ¬Ã¢â€ž ¢s Department (as he then was), published in the newspapers on 30 June 2002, there are almost 400 complaints against lawyers was reported in Malaysia. With the membership of the Malaysian Bar growing at a fast rate (there are now about 10,300 lawyers on the Roll of Advocates and Solicitors), it is conceivable that instances of misconduct have correspondingly increased.[30] The Bar Council shall take a serious outlook of all complaints by the public about the misconduct of lawyers, and shall always taking steps to reduce the number of misbehaving lawyers. REFERENCES Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. Legal Profession Act (LPA) 1976. Re A Solicitor, ex p Law Society [1912] 1 KB 302. Myers v Elman [1939] 4 All ER 484, HL. Donoghue v Stevenson [1932] AC 562. Anns v Merton LBC [1978] AC 728. Murphy v Brentwood District Council [1991] 1 AC 398. Re An Advocate v Solicitor [1962] MLJ 125. Home Office v Harman [1986] 1 MLJ 299. Lim Soh Wah Anor v Wong Sin Chong Anor [2001] 2 AMR 2001. Saif Ali v Sydney Mitchell Co [1980] AC 198 Neogh Soo Oh v Rethinasamy [1984] 1 MLJ 126 Myers v Elman [1939] 4 All ER 484, HL Re Kumaraendran, An Advocate Solicitor [1975] 2 MLJ 45. The Law Society of Singapore v Tampoe T Rajah [1973] MLJ 79. Rondel v Worsley [1969] 1 AC 191 Misconduct of Lawyers. 2002. Malaysian Bar Council. R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember 1986. Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. https://en.wikipedia.org/wiki/Misconduct https://en.wikipedia.org/wiki/Attorney_misconduct [1] Paul J. Zwier. Anthony J. Bocchini. Fact Investigation: A Practical Guide to Interviewing, Counselling, and Case Theory Development. 2000. Louisville. National Institute for Trial Advocacy. [2] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [3] Webster J in R v Pharmaceutical Society ex p Sokoh (1986) The Times, 4 Disember. [4] https://en.wikipedia.org/wiki/Misconduct [5] L. B. Curzon. Dictionary of Law. 6ixth Edition. 2003. Malaysia. International Law Book Services. [6] Blackà ¢Ã¢â€š ¬Ã¢â€ž ¢s Law Dictionary. Seventh Edition. [7] [1912] 1 KB 302. [8] [1939] 4 All ER 484, HL. [9] https://en.wikipedia.org/wiki/Attorney_misconduct [10] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [11] [1932] AC 562. [12] [1978] AC 728. [13] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Jour nal. [14] [1991] 1 AC 398. [15] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [16] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [17] [1962] MLJ 125. [18] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [19] [1986] 1 MLJ 299 [20] [2001] 2 AMR 2001 [21] [1980] AC 198 [22] [1984] 1 MLJ 126 [23] [1939] 4 All ER 484, HL [24] Ravi Nekoo. Parames K. Kevin J. 2007. Professional Practice. Second Edition. Petaling Jaya. LexisNexis. [25] [1975] 2 MLJ 45. [26] [1973] MLJ 79. [27] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [28] [1969] 1 AC 191 [29] Tan. YL. 1998. The Law of Advocates and Solicitors in Singapore and West Malaysia. 2nd Editon. Kuala Lumpur. Malayan Law Journal. [30] Misconduc t of Lawyers. 2002. Malaysian Bar Council.

Video Games are Beneficial for Your Life - Free Essay Example

Sample details Pages: 3 Words: 925 Downloads: 3 Date added: 2019/05/07 Category Entertainment Essay Level High school Tags: Video Games Essay Did you like this example? Video games have been criticized for making teens aggressive and antisocial or even depressed but in all actuality video games are life enhancing and improves your brain growth. The gaming world can be the helping aid of any age group, varying from young adult youth to middle aged adults as well as the senior citizens . Games have been proven with research and studies that they improve young adults motor skills and decision making. Its not just a virtual reality teens run off to, its not something that causes, but actually treats depression. Video games are healthy and beneficial to anyone engaging with them. There are many benefits to actively playing video games, like previously stated it helps with mental disorders such as depression. In New Zealand a study took place with students who suffered from depression. The research involved a Video game called SPARX, and it acted as an alternative for psychological counseling. This study separated the students into two groups one group who got regular counseling and the other who played the virtual video game. At the end of the study researchers concluded that the adolescents that played SPARX recovered from depression a lot easier and quicker with simply a video game(10 Reasons Why VideoGames are Good for You, 2018). Mental Disorders take time to treat and control and video games is one big way to assist an individual who needs or wants hat help. Games proven to help mental disorders including anxiety and depression or games with avatars and choice making life stimulating games like The SIMS, Fortnite, and so much more in that genre of video games. Not only can it help reduce mental disorders it can help with brain grown. The gaming community gains cognitive skills like problem solving and memory skills(Klasen and Lasky,2018).Video games have maneuvered their way throughout history and altered culture for the youth.Everywhere you turn you will find a kid or adult playing a video game. Its a good thin g games have a positive effect on your brain. A study held at the university of Iowa with several adults, were asked to play a video game where they needed to use there memorization skills. The results showed that the participants received three years of experience in, Cognitive Reserves, just after only playing for ten hours(Marsh, 2018). Many parts of the brain including the Cerebellum, HippoCampus, and prefrontal cortex experience growth when played video games even if the play time is only thirty minutes(BBC,2018). This type of brain growth consists of fine-motor skills which is like using your hands to turn or pick up objects. As well as improving your organizational skills and planning.An all of these benefits can help you throughout your life as you grow older(Marsh,2018) In todays society many kids are starting to become anti-social and unplugged from their outside environment ,but with the use of video games that all ceases to continue. skills gained from gaming strateg ies, and an elevated self-esteem that comes from success during their performances(Klasen and Lasky,2018).Gamers can now be involved in gamechats and video game community groups. Video games have helped build a community that has vastly increased in population. Today kids stop being antisocial and start connecting with the outside world and can even meet other gamers from all across the world. A researcher stated, Gamers arent the antisocial basement-dwellers we see in pop culture stereotypes; theyre highly social people, said one of the researchers who went to more than 20 events where gamers get together(10 Reasons Why Videogames are Good for You, 2018). The best thing about video games is that if an individual is going through hard times or has experienced something bad video games help them get through things such as chemotherapy(McCarthy,2014). Finally, although there are various benefits to videogames the most important one that parents will find interesting is it helps i mprove your childs education and skill development. Videogames can help adolescents in setting goals, making sure goals are met, learning how to receive and give plausible feedback, healthy reinforcement, and maintaining positive behavioural changes.Video games have been proven to be stimulus to gamers everywhere, for instance video games boost self esteem and help individuals learn about who they are and there self concept(Griffiths,2018).Educational skills can be taught in school, but what if i told you they can be taught through video games. Various game can teach basic math and reading skills as well as social skills and language skills. Video games are so extravagant since there computer based so not only are you gaining valuable outside world skills your gaining the ability to understand a work on IT skill. So say if your game crashes or you get a virus on your console you can learn how to fix it easily(Griffiths,2018). A spectacular study held by professional researchers sho wed that a child or actually, any individual with Erbs Palsy can use video games as a rehabilitation method, helping the child cope and avoid the pain or discomfort they are going through. Isnt that astoishingthat any game can help a chronic medical condition. In conclusion, video game have been wrongly subjected to the stereotype that they cause negative effects to individuals skill set,brain activity,and education. Video games with many many studies have been proven to help development. They are great for you! If you want to improve eye site brain grown and other beneficial life skills take action into playing games especially in 3D, get your mind to thing in various ways(BBC,2018). Don’t waste time! Our writers will create an original "Video Games are Beneficial for Your Life" essay for you Create order

What Makes A Successful Marriage - 906 Words

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Media Law Defamation, Copyright, Etc - 23639 Words

UNIVERSITY OF SOUTH AUSTRALIA MEDIA LAW - 2007 1. DEFAMATION 1. Why a law of defamation? Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests. The law represents a balance between personal interests in reputation on one hand and community interests in free speech and an uninhibited flow of information and opinions on the other. The law of defamation in Australia has, until recently, lacked uniformity. Given the advances in technology and the growth of national publications, the pressure for uniformity gained†¦show more content†¦In South Australia, the right dies with the individual: Defamation Act 2005 (SA) section 10Thus, it is not possible to defame the dead (in the sense of creating a risk of being sued). However, a statement relating to a dead person may also reflect upon some living person so as to give rise to a cause of action. 5. Publication In this context publication means communicating the defamation to a third party. Republication gives rise to a fresh cause of action ie, repeating the defamatory words of another. Where republication is a natural and probable consequence of the original publication, those persons responsible for the original publication will also be held responsible for the further publication. For example, if an interview is recorded with a view to it being republished to other persons, then the person responsible for the original interview can be held responsible for those intended republications. The source will not be protected by reason of the subsequent publication being in an altered form, provided what is subsequently published is to the same effect. 6. Construction The natural and ordinary meaning of words is the meaning in which the words would ordinarily be understood by ordinary people using their general knowledge and common sense. However, it is a question for the Judge to decide what this meaning is. The sense in which the words were intended or in fact understood is irrelevant to their proper constructionShow MoreRelatedMedia Law: Defamation, Copyright, Etc23627 Words   |  95 PagesUNIVERSITY OF SOUTH AUSTRALIA MEDIA LAW - 2007 1. DEFAMATION 1. Why a law of defamation? Every member of society has an interest in retaining his or her personal reputation and standing. All members of the community also have an interest in a free flow of information and communication. There is a tension between these two interests. The law represents a balance between personal interests in reputation on one hand and community interests in free speech andRead MoreThe First Amendment : The Second Amendment1738 Words   |  7 Pagesbe the most used amendment today. One of the reasons is that people are always taking advantage of it. One way is that people try to use it as a joke most of the time and that is one way for someone to ruin it. Another reason is because of social media. An example is somebody goes on Facebookâ„ ¢ and posts something hateful and then they get in trouble for it and they use the excuse saying they believe that the First Amendment gives them freedom to say whatever they want to say. Then they get in troubleRead MoreThe Issue Of Cyber Crimes Essay1673 Words   |  7 Pagesterritorial operations of this law, yet they could be significant just when supported with provisions which recognizes orders and warrants for Information issued by capable authorities outside their purview and measure for cooperation’s for trade of material and evidences of cyber violations between law implementation organizations. Normally the jurisdiction of a court is identified with the place where the offense is committed. This depends on the English common law position that all crimes committedRead MoreIntellectual Property Is The Legal Term2145 Words   |  9 Pagesmusic, literature, artistic works, words, phrases, symbol and designs. Under intellectual property law, the owner of intellectual property is granted certain exclusive rights. Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and artistic work; names, symbol and images used in commerce, trade. Intellectual property is divided into two kinds †¢ Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films, artisticRead MoreIntellectual Property Is The Legal Term2138 Words   |  9 Pagesmusic, literature, artistic works, words, phrases, symbol and designs. Under intellectual property law, the owner of intellectual property is granted certain exclusive rights. Basically, Intellectual property is the term that refers to the creation of mind: inventions, literary and artistic work; names, symbol and images used in commerce, trade. Intellectual property is divided into two kinds †¢ Copyright: It covers literary works (for instance poems, magazines, novels and plays), music, films, artisticRead MoreCyber Crime5881 Words   |  24 PagesUniversity Of Dhaka [pic] Department Of Management Information Systems [pic] Assignment On Business Law Topic: Cyber Crime Prepared By : Subrata Halder ID NO : 05-005 Submitted To: Ashraful Alam Read MoreImpact Of Protection Of Designer Products3018 Words   |  13 Pagesfrauds, defamation infringement of intellectual property rights etc. However, this research basically focuses on the impact of protection of small-scale designer products received by online retailers in UK and India. The significance of designs is extensively acknowledged and recognised in the present UK economy. India has also been a member of World Trade Organisation (WTO) since 1995; and all the signatory nations to WTO are bound to include some IP protection in their national laws. FurtherRead MoreBusiness Law Department Exam14857 Words   |  60 Pageswhere a reasonable person would conclude that it was made as a joke, cannot result in a contract. __T___ The communication of an offer can be made by the offeror or the offeror s agent. __T___ Generally, advertisements, catalogs, price lists, etc. are not treated as offers. __F___ A counteroffer is treated as both a revocation and a new offer. _T____ Consideration can consist of giving up a legal right. __T___ A promise to act or to refrain from doing an act can serve as considerationRead MoreBalancing Individual Privacy with Press Freedom3139 Words   |  13 PagesColumbia University, once wrote: Privacy is the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others (self information control right). In this age of mass media, individual privacy has become a casualty of journalists’ feeding frenzy and it has become really hard for societies to determine the nature and process of information in the public domain. In this article I reflect on the problem in Nepal’s contextRead MoreCybercrime and Its Impact in Bangladesh7186 Words   |  29 Pages 8 4.1.3 Pornography 8 4.1.4 Defamation 9 4.1.5 E- mail spoofing 9 4.1

The Theory Of Economic Development Essay - 1477 Words

The theory of economic development has equipped the underdeveloped countries with a choice between ‘balanced’ and ‘unbalanced’ growth that has been one of the most tendentious topics. One group advocates the theory of Balanced Growth and refutes, in almost unequivocal terms, the virtues and utility of the doctrine of Unbalanced Growth, which the other group endorses with great insistence. These approaches towards economic development have been expounded and interpreted in various ways in the literature on the subject. In this discourse, I shall elucidate critically the major features of balanced and unbalanced growth as propounded by their corresponding proponents. Further, I shall discuss the position, potency and effectiveness of these strategies in India and South Korea. The doctrine of balanced growth lays emphasis primarily on the horizontal interdependence in consumption demand. According to this conviction, in order to maneuver through the stagnant levels of income and productivity in the underdeveloped countries to successfully initiate the process of development, it is essential to simultaneously invest in a number of projects spread over several supporting, mutually interdependent industries. An elaborate network of complementary enterprises could produce inducement for further investment by providing demand for each other’s output. This aspect of balanced growth theory received considerable attention from three developmental thinkers – Paul Rosenstein-Rodan,Show MoreRelatedThe Theory Of Economic Development984 Words   |  4 Pages With this inquiry I seek to establish the role of finance in economic development as presented by Joseph Schumpeter in his book, The Theory of Economic Development, [1911] The book analyzes elements that make up for economic development in a capitalistic society as viewed by Schumpeter. The elements mentioned include and revolve around the subject of finance. Finance is simply defined by investopedia.com as, â€Å"Finance is the science that describes the management, creation and study of money, bankingRead MoreRostows Theory of Economic Development1055 Words   |  5 PagesLECTURER: MR. MASINDE TASK: A DISCUSSION OF THE ROSTOW FIVE STAGES OF DEVELOPMENT GROPU MEMBERS NAME REGISTRATION NUMBER SIGNATURE NYABUTO MEPHINE BWARI E37/1523/2011 †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ BARAZA A. DANIEL E37/1625/2011 †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ LUMONYE FAITH JUMA E35S/11325/2010 †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ DOUGHLAS NYAKUNDI E37/1509/2011 †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ FREDDICK ACHACH E37/1614/2011 †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ Rostow’s five stages of Development This theory was written by Walt Whiteman Rostow. In 1960 he suggested countriesRead MoreWorld Theory And Wallersteins Stages Of Social And Economic Development731 Words   |  3 Pagesessay attempts to compare and to contrast the theories of Walt Rostows stages of social and economic development and Wallersteins world system theory. The Rostows five-stage model of economic growth and core-periphery concept of Wallerstein’s three-part world system theory are both used to identify a countrys development. Although they have similarities, there are differences between the two models. Rostows five-stage model emphasizes on the development process of countries. On the other hand, WallersteinsRead MoreA Brief Note On The Growth Theory And The Dual Sector Model Of Economic Development Essay3646 Words   |  15 Pages ENDOGENOUS GROWTH THEORY BY MARTIN RIITHO MAINA KCA 14/02073 A Term Paper submitted to Prof. Joseph Ongeri in fulfilment Of the requirements for the course Advanced Macro-Economics, as credit towards the degree of Master of Science (Finance and Economics) KCA UNIVERSITY November, 2014 â€Æ' TABLE OF CONTENTS Page 1.0 Abstract.†¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦.†¦..3 1.1 Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.........................................4 2.0 Literature review: Models†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreThe Relationships Between Michael Porter’s Theory of Competitiveness and Economic Development of Nations, Regions, and Cities and the Economics of Innovation2350 Words   |  10 Pagesyears ago in his masterpiece â€Å"The Competitive Advantage of Nations† Michael Porter developed a model to analyze the competitiveness and economic development of nations, regions, and cities, a model that is still a milestone in this field of enquiry. In this work I will try to show how that theory about competitiveness is related with some important aspects of economics of innovation, also in the light of the already visible effects of globalization. Introduction I will first explain the effects of globalizationRead MoreDiscuss the Relationship Between Entrepreneurship, Innovation and Economic Development. What Role Do Creativity and Problem Solving Play in This Relationship? Refer to Both Theory and Examples from the Business World to Support Your Discussion.1637 Words   |  7 Pagesbetween entrepreneurship, innovation and economic development. What role do creativity and problem solving play in this relationship? Refer to both theory and examples from the business world to support your discussion. Entrepreneurship, innovation and economic development are linked to one another through different factors and characteristics of each other. Entrepreneurship â€Å"is the result of what entrepreneurs do and refers to events and their economic impact† (Lumsdaine E, Binks M 2007 P11). ThisRead MoreDiscuss the Relationship Between Entrepreneurship, Innovation and Economic Development. What Role Do Creativity and Problem Solving Play in This Relationship? Refer to Both Theory and Examples from the Business World to Support Your Discussion.’2397 Words   |  10 PagesDiscuss the relationship between entrepreneurship, innovation and economic development. What role do creativity and problem solving play in this relationship? Refer to both theory and examples from the business world to support your discussion.’ There are many links that bring together a relationship between entrepreneurship, innovation and economic development, and both creativity and problem solving play a large role within this relationship. Entrepreneurial activity can lead to innovation withinRead MoreEssay on Taking a Closer Look at the Modernization Theory1117 Words   |  5 PagesMODERNIZATION THEORY The invention of the concepts of development and underdevelopment is attributable to the former U.S. President Harry Truman, in a speech in January 1949, stressed the need to help the underdeveloped countries. In an international context of profound change following the Second World War and the process of decolonization that followed, the United States , then became superpower , proposed to establish a new world order in which the conflicting worldviews stand down mutual developmentRead MoreDeveloping Countries During World War II1547 Words   |  7 Pagestwo groups of economies increased eventually in addition to the increase in the rate of dependability amongst them. With the rapid growth in wealth and industrialization of the First World, only a few developing countries managed to have adequate economic growth on the line of the developed countries. Many of the developing countries which were poor at that time still remained to be poor today even today in comparison to the indust rialized nations. Dearth of capital and skilled labor produces a lowRead MoreAdam Smith Influence on Economic Theory Essay1655 Words   |  7 PagesWhy is the work of Adam Smith considered so crucial in the development of economic thought? Adam Smith is widely regarded as the father of economics as a social science, and is perhaps best known for his work The Wealth of Nations. Throughout this work Smith states and informs towards his belief that society is not at its most productive when ruled over by rules and limitations with regards to trade, and that in order for markets to maximise prosperity, a free trade environment should be made

Life Testing Mainly For Handling The Different Marketing Measurements

Question: Discuss about the Life Testing Mainly For Handling The Different Marketing Measurements. Answer: Introduction Thedigital marketing attribution tends to face a different number of challenges with the growing online landscape. The article is about using the life testing mainly for handling the different marketing measurements. This requires a proper understanding and behavior of the people. The paper also focuses on the understanding about how one can be used to drive and make some accurate decisions rather than any simpler last click models. The paper also focu on the work of the advertising measurements where the highlights are related to the broadcast media and properly identifying the different campaigning components. They are depending upon the advertisers with the reason to believe that the aggregate levels are mainly impacted (Williamson, 2016). The econometric modelling techniques are depending upon the marketing mix models where there is a possibility of world of attribution and to set the desire for calculating the impact on advertising spending. The difficulty is mainly about the ex penses and how Dominic W., 2016, can influence the people through his conversation. Key Issues Challenges Considering the marketing attribution, with the team of Facebook, there are different challenges which relate to marketing measurement. Certain flaws could be noticed at the time of last-click models with growing moves to the cross-device usage as well. Some of the Multi-touch attribution models also are considered with the conversion paths for the individual user through view or click touch. The range is set to allow the view through impacts and focus on the different issues related to the working of the lift-testing model. It has been seen that the results for the model are not easy to be validated as the digital campaign does not target a random set of the users, but they are more likely to be converted (Sapp et al, 2016). The disentangling users tend to convert with the ads and the users who are there in the advertisement. It is considered as a major challenge. It is important to focus on the MTA challenges (Multi-touch attribution models) which are considered to show a major inc remental impact of the campaign with the benchmarking mainly against the intuition. The intuition is the habit of reinforcing the belief. The key issues are also related to the availability of the email lenders with the lift testing and direct mailing which is mainly relied on testing to drive the optimization. The digital standards match the individual level targets which require to properly login and tie with identification set across the devices. The bulk of online advertisements mainly are outside the logged in platforms which includes the measurements based on cookies and associated tracking shortfalls. The major difficulty comes with handling the marketing mix model that have been placed to reach out to different advertisers with the stability for the accountability (Simic et al., 2016). The problems are the arbitrary credit assignment in the digital marketing world that has been imposed upon the chain of advertising the channel that touches the preceding conversions. The last click models could underestimate the impact mainly due to the missed view-through and overestimates due to the causality assumption. The p roblem is related to overreaching ad growing impact of different device usage. The people are focusing on consuming the ads and then converting them online, which is considered important technique for attribution but at the same time it is using the people-level analysis for sidestep problems that have been cross-device for tracking. Limitation Implications The limitations of the lift testing are mainly related to the ability of the platform to execute and handle the powerful measurement option. The power is to reinforce the unyielding march of the big data, with increased availability of the data to the sample sizes which are larger. The data lead to the sample sizes which are found to be larger than the previous forms, and high-powered tests with the ability to detect any type of the smaller uplifts. It has been seen that the marketing campaigns are for running the different digital campaigns that works on one or more ads (Williamson, 2016). They are an arbitrary way for the attributing impact model. The combinations are depending upon the orders where the users click in random and the reality of marketing falls consistency in the purchase cycle. There are standards set for the purchase on the theoretical online retailer who expects to focus on experience zero traffic without marketing. Here, the retailers have a higher speed to handl e the zero traffic without any marketing with the causality that is found through clicking, visiting and corresponding purchases. The implications are related to the efficiency of the click modes in the age of 55-64and 65+ age groups, whereas the true incremental value could be seen in the age group of 35-44. The old demographic clicks tend to work on the campaigns which are targeted for the donors so that people in the unexposed hold out group to show a higher level of donation. The assumptions are based on the clicks causality where digital media marketing offers the management of clients and the opportunity to measure the campaigns through person-level life tests. The considerations are about the converter where the customers, their purchase and then the click or conversions are coincidental (Bhandari et al., 2017). One needs to view through effect which is some impacts that has been mainly by the last click models. Here, the standards are set through the view-through effect, where one can view mainly by definition. The implications are also depending upon the overarching and growing impact of the different usage of device which includes how 75% of the Americans make use of the desktop and the mobile devices. Criticism of the Literature The lift testing has been effective for the digital marketing but there are issues related to the forms set under the last click model. The model provides with the utility and simplicity that has been an alternative as it has been entrenched with the part of the life of marketer(Williamson, 2016). The models are related to allowing the view-through impacts that does not assume causality and consider different impacts of the other channels. There are different uncontrolled and unexposed controlees which represent the what-if factors where the assumptions are not present. The interpretation of the values is through conversions and working over identifying the target audiences and success metrics. The randomization and splitting the audience into tests works over the view-through impacts that has been captured by default and the causality is nullified. There have been issues related to how the lift testing needs to work over the underlying methodology with randomized control trials that are performed in medical testing. The target of the group is split, and the different groups tend to receive the different treatments which are based on the measurement of responses (Ghotbifar et al., 2017). The RCT is the gold standard of measurement to bring the new treatments to the market where the clients tend to apply the analytical rigor to the marketing campaigns. The availability is mainly set in the channel or the publisher which is depending upon the targets for how e-mail lends itself to the lift testing. The digital channels and the individual level targets are important for login to accurately handle the identity of the devices. The power is then reinforced by underlying and unyielding the march of big data as well. For the digital marketing in the cross-device world, it is important to focus on the medical testing where the placebo tests are unexposed with showing the ads unrelated to the advertiser. The tags could be used to properly identify the tests and the contr ol groups, where the algorithmic standards are set for delivery target people deemed to engage with the ad. The delivery is set into different audience types, with difference mainly existing between the two groups set with exposure to ads (Williamson, 2016). The shortcomings are related to the lift testing where the people increasingly work on consuming ads and then converting them online. It is important to focus on the use of attribution techniques where the people-level analysis is set with sidestep of the problems for tracking. According to the writer, the consistency of the misestimates could be a major challenge as well that could lead to the channels to suboptimal levels and cross-channel budget allocation. The larger opportunities are matches with focusing on segments of people with the likelihood to click and focus on the propensity to respond to advertising. The consideration of the online fundraising campaign is for the senate race where the hold is on the higher level of donations (Neville, 2017). The issues with the lift testing is also about the availability. It is important to focus on how the MTA models should provide a better framework with a degree of measurement across the different digital channels with properly tracking capabilities. Hence, it is important to measure the mindset with the needs to shift from what has been given in an ad and what happens mainly because of the same. Here, the terms are related to the MTA models which provide a proper way to easily handle and execute the channel through proper shift. The availability of the standards with remiss is not mainly to use the lift testing as a way for validation. The essential standards are mainly to match with a greater push and usage that works on evolving the measurements and effectiveness (Williamson, 2016). The advertisers demand mainly from the media channels and how one can build a proper infrastructure as per the demanding standards. The attribution is about how one face the challenges and how one can d o so till there is development of the ad tech methodologies. With the change in the measurement, it is always seen that the advanced attribution analysis has been a major comfort for the measurement evolution that is inevitable and incumbent for one to drive forward. The focus is mainly on working over the lift tests and how the decisions are based on the alternatives. As per the analysis, it has been seen that the consistent misestimates are of the cross-channel budget allocation, with representation of the larger opportunity (Abuhaiba, et al., 2016). The last click focusses on spending on the segments of people with the likelihood to click rather than the people with higher propensity to response. The consideration is about how the campaigns are targeted with unexposed hold-out groups which show a higher level of baseline donation. In 2015, Facebook offers a proper management of the clients with the opportunity to measure the campaigns and tests through the person-level lift-tests . The Swiss online retailers like DeinDeal focus on the campaigns of Facebook and try to make use of the lift tests. Here, the major focus must be on the impact that the clicks have on the people, rather than focusing on the ability to execute the same. The power is reinforced mainly by increased availability of the data which leads to the sample sizes that are larger than the previously availed data. The use of the data means a higher test of the power and the ability to detect smaller uplifts as well. It is important to focus on the availability in the marketing channels where the ability is to target the individual level of the person. It works on the power that reinforce by the unyielding of the march of big data with sample sizes that are larger than the previously available data (Ji et al., 2016). The data needs to be used in a proper manner with the higher-powered tests and with the ability to detect and make use of tests like Placebo. The tests need to work on how one can sk ew towards the charitable people, where one easily violates the underlying principles that exists between the groups mainly with the exposure to the ads. There are certain issues related to the sharing of the underlying methodologies with performance in the medical testing. The target group is split with the different groups that tend to receive different treatment and responses. The approach is based on the measurements which are performed at the person level, where the conversions could be measured and identified through desktop or mobile, online or offline methods. The person generally checks and focus on how the influence is there by advertisements on mobile. The unexposed control generally provides the situations where the attribution modelling tends to become redundant. With this it also has a clear interpretation of values related to the total conversions for people to advertising (Williamson, 2016). The measurement is mainly to the clicks through the view-through impact, whe re it is important to focus on how the target audience and the other assigns the tests and the control. The uplift is also calculated through the total conversions which is set in control and is completely independent of the clicks that could be tied to the individuals through pixel or any form of offline data. Recommendations It is important to focus on the approaches that works with the full range of challenges and how multi-touch attribution models are helpful for the individual users to work on different range of modelling techniques. The models are defined with the last click where there are utility and simplicity factors considered as a better alternative. The basic forms are related to the lift testing that randomly split the audience for the control and the assigning of tests. The benefits are related to the incremental impact of campaign which is related to the functions of benchmarking mainly against the intuition. The focus is on the reinforcement of the existing beliefs where the users can view, click or purchase from different devices without being apparent to all the events that are tied to a single person. Conclusion It has been seen that the cross-device usage is unlikely to stop and, so it is important to follow the attribute conversions to prior advertising events for the measurement of the person levels (Williamson, 2016). The person tends to click and moot the points as a result which will be a waste, but the marketing reality is considered important for certain channels that consistently fall under the purchase cycle. References Abuhaiba, I.S. and Eltibi, M.F., 2016. Author Attribution of Arabic Texts Using Extended Probabilistic Context Free Grammar Language Model.International Journal of Intelligent Systems and Applications,8(6), p.27. Bhandari, A., Rama, K., Seth, N., Niranjan, N., Chitalia, P. and Berg, S., 2017, July. Towards an efficient method of modeling Next Best Action for Digital Buyers journey in B2B. InInternational Conference on Machine Learning and Data Mining in Pattern Recognition(pp. 107-116). Springer, Cham. Ghotbifar, F., Marjani, M. and Ramazani, A., 2017. Identifying and assessing the factors affecting skill gap in digital marketing in communication industry companies.Independent Journal of Management Production,8(1). Ji, W., Wang, X. and Zhang, D., 2016, October. A probabilistic multi-touch attribution model for online advertising. InProceedings of the 25th ACM International on Conference on Information and Knowledge Management(pp. 1373-1382). ACM. Neville, K., 2017. Channel attribution modelling using clickstream data from an online store. Sapp, S. and Vaver, J., 2016. Toward Improving Digital Attribution Model Accuracy. Schnabl, S.F., Vaver, J., Satyapal, A., Huang, J. and Jiang, W., Google Inc., 2017.Attribution marketing recommendations. U.S. Patent 9,697,534. Simic, J. and Seymore, S., 2016. Open Oregon Digital: Transforming metadata for the semantic web.Journal of Digital Media Management,5(1), pp.76-92. Williamson, D., 2016. Using lift-testing to measure the true value of digital marketing in the cross-device world.Applied Marketing Analytics,2(2), pp.105-110.

Indigenous Law and Legal Issues

Questions: 1. a) What is Indigenous law? b) There are many ways to approach the question of reconciliation and no clear answer of what reconciliation means. Justice Murray Sinclair recommendschoosing one of the 94 Calls to Action from the Truth and Reconciliation Commission and incorporating that into your life. Choose one of the 94 Calls to Action and explain how you could use that in an effort to achieve reconciliation.2.Choose 2 (two) of the following questions and answer that question in full sentences. Each answer should engage with the material covered during lectures and discussed in the readings. Each answer is worth a total of ten points. Be sure to indicate the question you are answering by putting the number at the beginning of your answer.a) Compare and contrast the different ways of understanding treaties.b) Choose one of the sources of Indigenous law and explain that source and how it contributes to or the role it plays in Indigenous law and legal orders.c) In his lecture on revitalizing Indigenous law, John B orrows highlights a number of similarities between Indigenous law and western law. Is this a good approach? Why or why not?3.Elaborating and Explaining Issues (25 points)In a recent issue, the editors of the Globe and Snail asked their readers to highlight issues relating to Truth and Reconciliation and Missing and Murdered Indigenous Women and Girls. Using what we discussed in class, choose one of the issues (Truth and Reconciliation OR Missing and Murdered Indigenous Women and Girls) and write a letter to the editor of the Globe and Snail, highlighting what you believe the issues are in relation to that specific topic.4. Methodologies: Determining Legal Principles (15 points)Many revitalization projects face the issues of how to find sources of Indigenous law and how to best elaborate and define legal principles. One method thats been identified is the case brief method, which draws on stories and uses a case brief method to determine larger legal principles. Answers: 1. a) Indigenous law refers to the rules, legislations, bye laws and regulations made in order to deal with a number of matters which are related to the indigenous or the aboriginal people of a country. This law provides rights to land, to the individuals, as well as, the right to traditional practices and also protects the indigenous people from any discrimination. b) The adoption, along with the implementation of the United Nations Declaration on the Rights of Indigenous Peoples by the federal, municipal, provincial, and territorial governments as the framework for reconciliation, could help in abridging any variances in the present laws and the declaration and provide clarity (TRC, 2015). 2. a)There are two main ways of understanding the treaties. The Government way of Treaties and the First Nations View of Treaties. The Canadian government considered the treaties as a medium of legalizing the ceding of the Indian land so as to clear the path for settlement, railways, as well as, mining. The First Nations had a different view and treated the treaties as solemn pacts for establishment of future base of relations between their people who considered Canada as their ancient homeland and the new Canadian government and its people (First people of Canada, 2007). b) One of the sources of Indigenous law in Canada is the Constitution Act of 1867. this act, through its section 31(24) provided the Federal Parliament the exclusive powers so as to legislate the matters which were related to the Indians, and such lands which had been reserved for the Indians. As per this power, the Indian Act, the First Nations Land Management Act, along with some other acts was enacted by the legislative body (Smith, 1999). The treaty and land rights were further recognized by Part II of the Constitution Act of 1982. 3. November 10, 2016 Lee Gordon Editor Globe and Snail Toronto, Canada Sub: Missing and Murdered Indigenous Women and Girls Mr. Gordon, This is with reference to the aforementioned subject. Through this letter the issues related to the Missing and Murdered Indigenous Women and Girls have been highlighted. The social issue of Missing and Murdered Indigenous Women and Girls has received a lot of attention from the government, as well as, from the media, in Canada. The exact number of such women that have went missing or who have been murdered in the country, during the last 30-40 years is disputed, but the estimates suggest that this number is over 500 and other stating that this number is 1100. Information on 582 cases has been gathered by the Native Womens Association of Canada, and they believe that the actual number of such cases is a lot higher (BBC, 2016). There has been a lack of established criteria so as to determine if a particular case has to be included or excluded while collecting such stats. Further, the activist working in this regard have emphasized that the percentage of the indigenous women who have been murdered is highlight disproportionate to the overall percentage within the general population. Delivering on the key election promise, Justin Trudeaus government has appointed a five member inquiry commission so as to study about the abundant cases of the Missing and Murdered Indigenous Women and Girls (Freeman, 2016). The national inquiry is focused on finding the origin cause of this disparity in the rates of crimes against the indigenous women. The need to take the necessary action so as to end such incidents was also the focal point of this inquiry. Carolyn Bennett, who is the minister of Aboriginal Affairs, considered this a significant step in the journey of reconciliation with the Canadian indigenous people (Narine, 2016). The need for such measures highlights the severity of the social issue of Missing and Murdered Indigenous Women and Girls, which has gained the popularity, not only due to abundance of such cases in the past, but also the recent ones, including that of the 15 year old girl in Summer of 2014. Yours Sincerely, Harvey Trent 4. Nanabushu and the Cranberries Facts of the case: Nanabushu came across a brook and saw high bush cranberries and desired to eat them. When he looked at the stream, he saw a reflection of this bush and jumped in the water to eat them. Since it was a reflection he could not find any berries and got injured in process. When he was crying, the high bush rubbed his eyes, which he ate and left. Issue: Whether he was right in jumping in the stream and eating the berries? Application: Here, it is not given if the stream and berries belonged to any entity, be it indigenous or otherwise. The ownership of both of this is not mentioned. Conclusion: He did not violate any law by jumping in the stream and eating the berries, as the ownership was not disputed. References BBC. (2016). Questions over number of missing indigenous women in Canada. Retrieved from: https://www.bbc.com/news/world-us-canada-35590442 First people of Canada. (2007). What Are the Treaties? Two Different Views. Retrieved from: https://firstpeoplesofcanada.com/fp_treaties/fp_treaties_two_views.html Freeman, A. (2016). The mystery of 1,000 missing and murdered indigenous women in Canada. Retrieved from: https://www.washingtonpost.com/news/worldviews/wp/2016/08/04/the-mystery-of-1000-missing-and-murdered-indigenous-women-in-canada/ Narine, S. (2016). Missing and Murdered Indigenous Women and Girls. Retrieved from: https://www.ammsa.com/content/missing-and-murdered-indigenous-women-and-girls TRC. (2015). Truth and Reconciliation Commission of Canada: Calls to Action. Retrieved from: https://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf Smith, D. E. (1999). The Republican Option in Canada. Toronto: University of Toronto Press, p. 16.