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324 Uppsatser om Supreme Court - Sida 12 av 22
Arbetsanpassning och rehabilitering : Arbetsgivarens skyldighet
This essay addresses and treats the employer's obligation to work adaptation for people with a physical disability according to discrimination law and the work environment law. Furthermore it also treats the employer's obligation to rehabilitation of employees that has a reduced working ability as consequence of their work. The essay also intends to investigate if there are any differences in the employer?s obligation to work adaptation when recruiting and the employer?s obligation to work adaption for an existing employment. In this work, there is a background chapter which describes the UN and the European Union's approach to work reduction ability and disability. Furthermore, there is a detailed description of the work environment law, the discrimination law, the social insurance code and the employment protection legislation.
Ett försök att ta makten Äldre som överklagar avslagna beslut och illustration av verkställighetsprocessen som följer efter bifallen dom
Det övergripande syftet med denna masteruppsats är att skildra och analysera processen som följer efter det att äldre, över 65 år, överklagat ett avslaget socialnämndsbeslut till förvaltningsrätten.För att besvara syftet har uppsatsen brutits ner i två delsyftet. Det första delsyftet är att undersöka vilka äldre det är som överklagar och om makrofaktorerna ålder, kön och etnicitet påverkar förvaltningsrättens beslut gällande bifall eller avslag av ett överklagande. Det andra delsyftet är att illustrera olika aspekter som innefattas av den verkställighetsprocess som socialnämnden utför då en dom fått bifall i förvaltningsrätten.Det första delsyftet besvaras genom att göra en innehållsanalys med både kvantitativa och kvalitativa inslag av de 49 domar som tagits under en sexmånadersperiod i sammanlagt 15 kommuner i Västra Götalands län. Det andra delsyftet besvaras genom en fallstudie, där semistrukturerade intervjuer utförts med de inblandade aktörerna. Intervjuerna utfördes vid två olika tillfällen för att på så sätt kunna fånga eventuella förändringar i dynamiken mellan aktörerna under tidens gång.Uppsatsens resultat visar på att den absoluta majoriteten av överklaganden gällde beslut där socialnämnden avslagit ansökan om särskilt boende.
Gorbatjov ur ledarsidors synpunkt : en undersökning om 10 svenska dagstidningars ledarsidor ändrar åsikt om Gorbatjov före, under samt efter Augustikuppen 1991
The aim of this essay was to examine whether 10 Swedish newspapers editorial pages and their leader writers changed their view on Mikhail Gorbachev before, during and after the August Coup in 1991. Moreover, the aim was also to see if the editorial pages used the same sources when they wrote about Gorbachev.In this essay four main questions were asked:- How is Gorbachev described before the August Coup?- How is Gorbachev described during the August Coup?- How is Gorbachev described after the August Coup?- What sources did the editorial pages use when they wrote about Gorbachev?Ten newspapers and their editorial pages from the period of 1-31 August and 1-6 September, as well as 10-31 December 1991 and 1 January 1992 were examined. It was discovered that most of the editorial pages changed their view from being negative in August to being more positive in December.As a conclusion it can be stated that the examined editorial pages did not write much about Gorbachev in the beginning of August and if they did mention him it was in a negative tone. One of the reasons for the lack of mentioning during the August Coup could be that the leader writers were not sure whether Gorbachev would return back to power.
Fast etableringsställe : En skatteplanerares dröm?
This master?s thesis will examine the concept of ?fixed establishment? in VAT-law. The concept can be found in the new EC-directive on the common system of value added tax, however it has existed for thirty years in previous directives. Despite this, the legislator has never provided a proper definition of the concept. Its meaning has therefore evolved through the case-law of the ECJ.The Court has put forward a number of criteria which are all to be met if a fixed establishment is to be at hand.
Asfaltdjungeln: En ANT-analys av en svensk kartell
In the year of 2001 the largest known cartel in Swedish history wasexposed to the public and brought to justice. Eight years later, afterseveral trials, the so-called Asphalt Cartel was finally found guilty bythe Swedish Market Court for having been cooperating illegally anddistorting prices.The overall purpose of this paper is to study how the cartel wasmanaged in order to be sustained over time. By applying actornetworktheory I examine what kind of heterogeneous materials thatwere combined for purpose of creating the cartel and how in practicethey were held together.In order to understand how the cartel was sustained I also include ananalysis on why it suddenly fell apart in 2001. However, my studyshows that through the years the cartel repeatedly experiencedcrisis, and therefore constantly fell apart and was recreated throughprocesses of negotiation..
Har en kortinnehavare skadeståndsansvar vid obehörigt användande av kontokort?
The purpose of this essay is to elucidate if there is a liability to damages for cardholders, in case of unauthorized use of bankcards, in the event a liability for payment, according to 34 § the Swedish Law concerning Consumer Credits, should not be established between card issuer and cardholder. The purpose is also to elucidate if card issuing companies, in the event a liability for payment is established between card issuer and cardholder, have any possibility to get a larger sum than is allowed by 34 § the Swedish Law concerning Consumer Credits, by demanding damages from the cardholder. Finally there is a judgement of how a court could do if it wanted to hold a cardholder liable to damages because of unauthorized use of bankcards..
Aspekter på flyttkostnader, fastighetsbildning och fastighetstorlekar :
This master thesis has three purposes. The first purpose is to give a theoretical background of how to divide up forest estates and to study how the legal system for these matters works.
A literature study has been carried out to give the background and a theoretical model has been made for analysing the law cases. The first purpose also partly touched the decision process in dividing up forest estates from point of view of the law of land parcelling (FBL), point of view.
The second purpose is to examine effects of a change of production requirements in 3 cap.7 § FBL as regards dividing up forest estates of private forest owners.
Undantagande av handlingar vid Skatteverkets revision
AbstractThe tax authority has an obligation to ensure that all tax cases are adequately investigated according to 40:1 SFL. In order to fulfill this obligation the tax authority has a number of investigation options. The most common form of investigation is so- called desktop investigations, which means that the tax authority will send written inquiries or injunctions to taxpayers. The most intrusive and resource-intensive form of investigation is audit. The general rule is that the tax authority?s auditor may examine all accounting records and other documents related to the business.
Judikalisering och demokrati: Lagprövningsrätten i förändring?
In this thesis I examine the development and expansion of judicial power in Sweden. The concept of judicial review is defined and related to democratic theory, and the various forms of judicial review in use in Sweden are explained. The main focus is on the political and scientific discussion concerning judicial review since the mid 1970s. It is shown that judicial review so far has been used only to a limited extent and that the number of court cases has remained quite stable over time. The main cause of judicialization seems to be the supremacy of EU law following the Swedish EU membership in 1995 and the inclusion of the European Convention on Human Rights into Swedish law.
Att beskrivas som misstänkt gärningsman i media : En undersökning om nyhetsbevakningen av en misstänkt styckmördare i fyra svenska tidningar
The subject of this thesis is how a suspected criminal has been described in written swedish media. The topic of the articles is the investigation of a man suspected for murder and for dismembering the victim during the winter of 2011. The purpose of this thesis is to try to answer the question of what the newspapers actually write to describe a suspect before he or she has been trialed in court. For the analyse of the articles, published in four of Swedens largest newspapers, critical discourse analysis has been used. The results have been compared with other analyses made on other cases and have been discussed with Pierre Bourdieu?s theory of action.
Miljö- och Handelsgåtan : Intellektuella egendomsrätter och dess implikationer i en globaliserad verklighet
This paper seeks to discern the political factors that determine the results of negotiations in international cooperation. On the one hand, it makes a contribution to the broader theoretical debate on international regimes by combining regime theory and theories on globalisation into an integrated framework for the analysis of international policy results, or in this case treaties (theoretical objective). More generally, globalisation theory will help us understand why it has become important to initiate international cooperation, and regime theory to elucidate how these international cooperations emerge. To many observers, it is the large transnational corporations of the rich North, which have done best out of free trade. Through the huge influence they wield over governments at the WTO (World Trade Organisation), these corporations have won the freedom to move around the globe without restriction, making use of cheap labour, and locating wherever they can best tap into the largest and most lucrative markets.
Diskriminering på grund av funktionshinder - eller frunktionshindrad på grund av diskriminering?
Abstract The 1st of January 2009 there will be a new discrimination law in Sweden. That means that the Parliament finally will interpret three EC-directives in there entirety. The new law means that the present discrimination laws will be merged to one law. The situation for disabled persons on the labour market has improved, since the discrimination law was founded in 1999. The Labour Court got some cases to judge and media has attracted attention to disabled persons rights.
En studie i brott : kvinnlig brottslighet i Askeryds Socken, Småland 1825-30
This essay focuses on crime history and gender. It is a study of female crimes in the beginning of the 19th century in a small parish (Askeryd Socken) in Småland in the south part of Sweden. The method I have used is to study the records of Municipal Court regarding the citizens of the parish of Askeryd. I have then tried to find out whether the female offenders have been treated different than the male offenders, if there is a certain kind of gender-related crimes and in those cases where comparison is possible, I have examined if the females are treated in a lighter way. (?female discount?), or if they were treated as mentally unstable.The essay shows that in this particular parish during the years 1825 to 1830, female offenders were not treated in a lighter manner.
Kalkbrottstvisten i Bunge Ducker : En ACF-analys av två kolliderande riksintressen
Abstract This thesis is based on a case study of the drawn out legal process on the question of establish a limestone quarry in Bunge Ducker in north Gotland (Sweden). The current fields are located next to areas that are protected by virtue of being EU-certified Natura 2000-areas. Despite this, the Swedish governments and courts have not agreed in witch national interest that should be prevail when decisions are made on this issue. This phenomenon are reflected in the judicial process and different court have evaluate information differently in the case. A change among governmental actors where priority is given to the importance of national interest have occur in the later part in the process.
Penumbra Suecica : Den negativa fo?reningsfriheten i Sverige mo?ter Margin of appreciation
This paper discusses if Margin of Appreciation is compatible with the idea of universal human rights. Through the case of Negative freedom of association in Sweden, it studies the phenomenon that Giorgio Agamben has called the State of exception.The questions that are discussed and answered are 1) How does the rights theories of Jack Donnelly and Ronald Dworkin relate to Margin of appreciation, and 2) How has Margin of appreciation been applied in cases concerning the negative freedom of association in Sweden, in the European court for human rights. These questions and answers are then used in the discussion on how Margin of appreciation affects the concept of universal human rights. .