Law

Entrapment defenses in criminal law or charges are said to be exculpatory defenses. Exculpatory defenses can be described as factors which excuse a person from being liable to an act of crime (Brody  Acker, 2009). Entrapments do exist if the officer enforcing laws encourages one to commit crime with an intention of instituting against them criminal prosecutions. Entrapment defenses cannot be permissible if the law enforcer can provide material evidence for the crime.

Entrapment defense is unusually classified because the crime being committed to necessitate this defense may not be easily identifiable with the specific intention. In addition, whether or not the crime requires having this type of defense is uncertain. A person may have committed a crime knowingly but without any purpose. Conversely, they may commit the offense for lack of the means of preventing their involvement in that crime. This situation may arise due to duress or being coerced to commit such a crime. The accused may therefore enjoy the entrapment defense. They may as well find that they cannot self-defend using it (Renteln, 2005). Furthermore, one cannot commit a crime while aware that it is against the law, defend themselves, and still be held innocent. The entrapment defense can be said to be unusually classified because the material of crime that is provided by the enforcing officer may have biasness. One may thus find themselves being held guilty for acts which they had no purpose of committing but were just forced into.

Moreover, entrapment is classified unusually because it does not seem capable of strongly defending someone. This is because laws should be known by everyone. A person cannot therefore defend themselves by claiming ignorance. By committing such crime, they never knew since the law - which should always be provided - was not available then (Bergman  Berman, 2009). This defense should not be classified as such since it is not strong enough like the other defenses which do not have a lot of loopholes. Rather, it should be strong enough to defend one since the act of committing the crime was not through their motive. The offense could otherwise have resulted in them being harmed or harassed if they never did the act (Gardner  Anderson, 2008). It should be able to defend the person without focusing on the material provided by law enforcement officials.

Having in mind that law enforcers tend to be authoritative and can force one to do acts which may be against the laws or legislation, entrapment defenses should have the ability to defend that persons who have committed crimes due to pressure from another person. The crime is passed to the person who induced the crime to be committed (Criminal Resource manual 645 Entrapment). This defense should have clear definitions on how one should conduct himself themselves even if he or she is induced to commit a crime by a law enforcer although under any situation they should not accept.

In conclusion, entrapment defense is classified differently from the criminal defenses. There is thus a need for this defense to be reconstituted in order for it to be strong and reliable to defend one. Criminal charges that can be defended by this entrapment defense should first be analyzed to have the clear understanding of how they were committed rather than merely providing the crime material.

1. Under Incoterms 2000, CIF (Cost, Freight and Insurance) means that seller delivers when the goods pass the ship rail in the port of shipment. In particular, in CIF seller should provide a marine insurance against buyers risk of loss or of damage to the goods in the period of carriage. The risk of loss passes from seller to buyer after the goods passed the bulwark of the ship in the port of delivery. From the presented case it is understood that the ship passed the ship rail in the port of embarking and sank after this. Therefore, the risk of loss should be imposed on buyer Jimmy. In this light the statement of Ahmed seems to be reasonable. However, Ahmed broke contractual obligation to provide marine insurance. Thus, it is very likely that Ahmed will win in terms of risk of loss, but will fail in terms of insurance reimbursement. It means that Jimmy will pay Ahmed the cost of goods less the amount of fine for failure to provide insurance. In case against collecting bank, I can assume that the bank will win as according to Incoterms 2000 it took reasonable measures paid amount owed under the contract less certificate of insurance.

2. Article 30 of EC Treaty prohibits quantitative restrictions on imports and all measures having equivalent effect. In Dassonville case, the Court stated that prohibitions or restrictions on import, exports, or goods in transit justified on the grounds of public morality, public policy, or public security (Procureur du Roi v Benot and Gustave Dassonville. ECJ 1974). At the same time, Article 36 of EC Treaty states that such provisions shall not preclude prohibitions or restrictions on import, exports, or goods in transit justified on the grounds of public morality, public policy, or public security the protection of life of humans, animals, or plants. In this case Britain considerably limits import of fresh beef. In particular, it prohibits certain mode of transportation  under or over saltwater body.  It is not understandable, in this case, how the mean of transportation affects the beef biologico  chemical structure. In addition, one should bear in mind that beef is usually packed in certain ways, so it is not clear how transportation over and under saltwater body will affect beefs quality. Therefore, it can not be said that Britain adopts public security or public health policy as it is not enough justification of a link between transportation and possible harm.

3. EU law prohibits restriction of free movement of goods except as in case of restrictions on import, exports, or goods in transit justified on the grounds of public morality, public policy, or public security the protection of life of humans, animals, or plants. The question is whether seeking to include the letter n constitutes an issue of public morality or public policy. Obviously the protection of cultural uniqueness is policy of every state. However, the public policy of every state should be ensuring of freedom. Spains law restricts not only freedom of goods movement, but also a freedom of people to choose what kind of keyboard they want. In my opinion, the issue of whether to include letter n to the keyboard should be resolved within the market, but not by restriction of goods movement.

4. In general international law respects the power of countrys authorities to set their own policies, including tariff regulation. However, the international agreements, such as GATT (General Agreement on Tariffs and Trade) set the rules for regulating goods and services. In particular, GATT regulates tariff policies by setting particular provisions for particular products. At the same time, international community stands for economic development. That is why art.18 of GATT foresees that contracting parties may enjoy facilities to enable them  to maintain sufficient flexibility in their tariff structure to be able to grant the tariff protection required for the establishment of a particular industry. Therefore, provided that this measure will enhance countries economic development Italy can resort to this measure.

5. Saeed did not violate Foreign Corrupt Practices Act as this U.S. law is valid only on the territory of the United States of America, but not on the territory of Argentina. To make measure as legal as possible I would advice Saeed to act through local lawyer, who knows local laws and knows how much time according to Argentina law it takes to obtain a license.

Introduction
There are a lot of controversies and debates concerned with freedom of speech and religion across the globe. Should the press be prohibited from publishing illustrations that may offend the Islamic community Can stating that practicing homosexuality is a sin according to the Holy Bible be considered a form of hate speech Should keepers of shops and department stores avoid greeting the shoppers Merry Christmas to avoid offending non-Christians Should there be a law prohibiting the establishment of mosques in Western Europe The list goes on. The central controversies include human rights, freedom of speech, democracy, freedom of religion, blasphemy, etc., but most important thing to consider is that at the very heart of these controversies is the issue of freedom of speech and its religious complications.

The Aspiration
To achieve individual freedom, it is necessary to fully enjoy the right to freedom of speech. This right is also vital in advancing equality and democracy, and crucial in bringing down the core causes of poverty.  It establishes public trust in government and gives meaning to electoral democracy. The ability to retrieve information reinforces systems for holding government officials and agencies liable for their duties, promises, and actions. It can prevent corruption thriving on confidentiality and closed settings since it not only boosts the knowledge base and involvement within a population but also assures outside checks on government answerability. The right to freedom of speech is critical to enjoy the freedom of religion. In the same way, without the freedom of religion, people cannot exercise their freedom of speech.

 Freedom of Speech in Human Rights Law

Freedom of speech, or freedom of expression, is the liberty to speak without limitation or censorship, or both. Sometimes, the second term is used to imply not just liberty of oral speech, but any act of seeking, obtaining, and communication ideas or information, not considering the medium used. In reality, the definition of freedom of speech is not conclusive in any country, and is subject to limitations.

The Universal Declaration of Human Rights, Article 19, recognizes the entitlement to freedom of speech as a human right. It is also defined as the right to hold opinion without interference by the International Covenant on Civil and Political Rights (ICCPR). It is also acknowledged internationally in African regional, inter-American, and European human rights law.

History of Freedom of Speech
Early documents on human rights already contained concepts of freedom of speech and during the period of Enlightenment in Europe, modern concepts of it developed progressively. The freedom of speech in Parliament was enforced by the England Bill of Rights 1689 the freedom of speech was avowed specifically as an indisputable right during 1789 when the French Revolution was taking place, by the Declaration of the Rights of Man and of the Citizen.

On December 10, 1948, The United Nations General Assembly adopted the declaration called the Universal Declaration of Human Rights (UDHR) at the Palais de Chaillot in Paris, France. The said declaration is the document with the most number of translations in the world, with translations in 375 languages and dialects.

The UDHR emerged directly from the incident of World War II and it embodies the first internal articulation of rights to which all individuals are entitled.

It is made up of thirty articles, each developed in succeeding national laws, regional human rights mechanisms, and international treaties. According to UDHRs Article 19, Everyone has the right to freedom of opinion and expression this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
The right to freedom of speech is also stated in Article 9 of the African Charter on Human and Peoples Rights, Article 13 of the American Convention on Human Rights, Article 10 of the European Convention on Human Rights, and Article 19 of the ICCPR.

Founded on the principles argued by John Stuart Mill, freedom of speech does not only refer to the right to convey, or distribute ideas and information, but also the right to seek, the right to receive, and the right to communicate ideas and information.

Because freedom of speech is recognized internationally as synonymous with freedom of expression, any medium by which it is expressed is included, whether verbally, in print, in written, through art forms, or through the internet. This implies that aside from the content, the right to freedom of speech also protects the right to choose the method of expression.

The Restrictions
However, the right to freedom of speech may be subject to some restrictions, according to international human rights law, but these restrictions will only be such as are declared by law and are indispensable (1) to protect the rights and reputations of others, and (2) to protect public order or national security, or public health or morals, in a democratic society9. This rule is stipulated in both the European Convention on Human Rights and in the United Nations Covenant on Civil and Political Rights.

The religious freedoms of people may fall under the rights and reputations of others that may be protected. The international human rights law enforces restrictions regarding freedom of religion. Article 9 of the European Convention on Human Rights states that everyone has the right to freedom of thought, conscience and religion this includes the liberty to change ones belief or religion, and the liberty to express his belief or religion, either alone or in society with other people and in public or private, through preaching, worshipping, and practicing. In the same way that the right to freedom of speech may be restricted, it also states that the freedom to express ones belief or religion may be subject to certain restrictions as prescribed by law and are necessary in a democratic society in order to protect the rights and freedoms of others, public order, health or morals, or public safety.

Controversial Events Involving Freedom of Speech
The idea of freedom of speech has great effects in the area of religious freedom. For instance, in Denmark, the twelve very controversial cartoons depicting Mohammed published in the Danish newspaper Jyllands-Posten. The publication of these drawings has been condemned around the Muslim communities across the world and resulted in Muslim nations starting riots and protests. A lot of killings have resulted, embassies were burned, and all Danish products and goods imported from Denmark have been boycotted by the entire Islamic world, implying grave economic effects for Denmark. There were a lot of global diplomatic hard talk and demands that there should be restrictions imposed on freedom of speech and of the press.

Politiken, another Danish newspaper, reprinted the Mohammed cartoons on the 28th of May 2006, believing that they are immune to attacks from the Islamic community because their sole purpose for reprinting the cartoons was to criticize them11. To date, a total of 143 newspapers worldwide have reprinted the Mohammed cartoons.

A similar incident took place in 2007, when the Swedish newspaper Nerikes Allehanda published a photo of an art piece for an editorial on religious freedom and self-censorship. This was just one drawing from the series of drawings created by artist Lars Vilks that depicted Mohammed as a roundabout dog. He and the papers editor-in-chief received numerous death threats and they even employed a team of security personnel to protect them. The Prime Minister of Sweden had a special conference with ambassadors from Islamic countries in an attempt to pacify them. Despite many other leading Swedish newspapers reprinting the drawings, the Nerikes Allehanda publication in particular brought about riots from the Islamic communities in Sweden, as well as official denunciations from the inter-governmental Organization of the Islamic Conference (OIC) and numerous external governments including Jordan, Egypt, Afghanistan, Pakistan, and Iran.

Another incident in Sweden demonstrates the point where freedom of speech and freedom of religion cross. In July of 2003, Pastor ke Green delivered a sermon at his church in Borgholm. In this sermon, he said that sexual perversions (referring to homosexuality) are abnormal that they are like a horrible tumor in the society that causes cancer. He said that it was not possible to be a homosexual and a Christian at the same time. He insisted that that being a homosexual is ones choice, not an inborn trait, and said that everyone can be set free and delivered from it. It is important to note that he ended his sermon by saying that Jesus Christ showed every person He met profound respect for how he was. He never condemned such people (homosexuals) and neither can we.

None of the media invited by Green to attend the sermon showed up, so he wrote down a summary of the things he said in his sermon, which was published in landsbladet, a local newspaper. The controversies started when a representative of an equal rights organization reported Greens sermon to the authorities.

Roughly a year after delivering his sermon, Green was arrested for expressing contempt against homosexuals, and was sentenced to jail for one month. On the 9th of November 2005, he was acquitted in the Supreme Court.

Greens case proved to be of intense significance internationally and it was strongly followed by legislators and lawyers worldwide.

Arthur Pawlowski is a devout Christian who left Poland, a communist country, with his family to move to Canada where everyone is entitled to freedom of speech and religion. He preached to numerous homeless people, prostitutes, and drug addicts and a lot have been restored through his evangelism. In August 2006, however, while he was peacefully praying and reading the Holy Bible on a street corner in Calgary, he was forcefully arrested for publicly manifesting his Christian faith. His lawyer Gerald Chipeur, who specializes in cases involving religious freedom, said that his clients case was not the first time that such incidents have occurred the right to freedom of speech and religion are increasingly being violated. He pointed that out Pawlowski is not ministering to change a specific law, but to change the hearts of people.

Pastor Daniel Scot was forced to flee from Pakistan because of its blasphemy law and he moved to Australia. However, he ended up being arrested and charged for offending the Islamic community. This is surprising considering that Australia is a Christian country with a democratic form of government. In one church seminar, he did a comparative analysis of Christianity and Islam. This was what he was charged for, resulting in fines being imposed and jail time because of his refusal to renounce his religious faith in public.

These are just a few of the tons of controversies involving the issue of freedom of speech. The fact that they are taking place in all parts of the world clearly conveys its international significance.

Freedom of Speech in Islamic Law
The United Nations Organization (UN) and the Organization of Islamic Conference (OIC) are two major international bodies with their respective definitions and declarations on human rights.
UN was founded after the end of World War II. The UN declaration, represented by the Universal Declaration on Human Rights (UHDR), was adopted in 1948 and is based on moral values and ethics of Judaism and Christianity. OIC, on the other hand, was founded in 1969. It has a membership of 57 Islamic countries, representing every fifth person on the planet. Its members provide the supply for majority of the worlds demand for gasoline and oil. OIC, believing that the human rights of Muslims are different, has developed and implemented its own human rights declaration, in form of the Cairo Declaration of Human Rights in Islam (CDHRI)  which was adopted in 1990. The last article of this declaration, Article 25, states that the only source of reference for the amplification of explanation of all the articles in it is the Shariah. Shariah, which literally means the path to a watering hole, refers to the code of ethics and morals based on the Quran that is being followed by the Islamic community. It is the sacred law of Islam.

The said 57 Islamic member countries have all signed up to the UHDR but hardly practice it rather, they abide by the Cairo Declaration.

All 57 Islamic countries must abide by the things stated in the declaration according to the CDHRI, but further makes clear that it concerns the ummah, which refers to all Muslims in the world, regardless of their country. This is a very important thing to note. It is the norm of international conventions and treaties that countries sign up and pledge themselves to follow them. The CDHRI, however, indirectly invalidates national laws and boundaries by declaring that the human rights interpretation based on the Shariah applies to all Muslims, regardless of country of residence and nationality. This implies that as long as Muslims are concerned, the CDHRI, and all Islamic laws for that matter, supersede national laws, in every situation and location.

You would find that in the preamble, in several of the articles, and in the conclusion of the Cairo Declaration that everything stated is to be followed unless as prescribed by Shariah. Therefore, the declaration may indeed talk of human rights and freedom to do certain things, but all of these are subject to restrictions according to the Islamic Law and the Quran.

Article 10 of the Cairo Declaration provides Muslims the right to freedom of religion, asserting that it is not allowed to practice any form of pressure with the intent of forcing someone to change his religion to another religion, or to atheism. However, remember that everything stated in the declaration is subject to Shariah. It is not an unfamiliar fact that Muslims who give up their Islamic religion are at risk and some have even been condemned, others punished by death even. Freedom of religion is asserted in Article 18 of the UN Declaration and centers on three elements the right to have religious faith, the right to express religious faith, and the right to change ones religious faith. However, in countries where the Islamic community is quite powerful, there are certain restrictions concerning expressing your faith and changing your faith the latter particularly for Muslims. In most cases, Christians are not prohibited to convert to Islam, but it is dangerous and almost illegal for Muslims to leave Islam.

Article 22 of the Cairo Declaration provides the right to freedom of speech by stating that
Everyone shall have the right to express his opinion freely in such a manner as would not be contrary to the principles of the Shariah.

It is clear, therefore, that freedom of speech in Islamic Law is not definite the right to it may be subject to a number of restrictions as prescribed by the Shariah and the teachings in the Quran.

Shariah Principles Affecting the Freedom of Speech
The idea of freedom of speech derives from the Capitalist philosophy that is based on the notion of secularism, that is, God and religion should be detached from lifes affairs. The people in this world are the ones who define how they should live their lives, free of the restrictions resulting from religious differences, which accounts for why freedom of speech, freedom of religion, freedom of ownership, and freedom of the individual are vital keystones of Capitalism. Therefore, the right to freedom of speech and its limitations are all defined by human beings themselves.

This concept is a complete contradiction to the Islamic Law. In Islam, Allah, the Creator of human beings and all things, is the one who gave people the right to freedom of speech. He is also the one who specified the restrictions on whether a form of speech is acceptable and unacceptable.

The Cairo Declaration gave the Muslims the right to freedom of speech but remember that everything stated in the said declaration follows from the Shariah and Quran teachings. Therefore, freedom of speech is indeed predisposed to limitations as prescribed by the Shariah and the Quran.

The ultimate goal of all forms of speech, according to the Holy Quran, is to uphold the dignity of human beings and to encourage the discovery of truth. There are ninety-nine names for God in Islam and each name characterizes an attribute of God. Muslims are allowed to use these names when praying to God, as long as they understand that these ninety-nine names represent only one God, not different gods.. One of these names is Al-Haqq, which represents Gods attribute as being the True and Right One. Its root word is haqqa, which means to be right, just or fitting ...a fact

All those who believe in Allah must make an effort to emulate this attribute of God by promoting the cause of truth they are commanded to speak of the truth, even if it be unpleasant. Thus, restricting the right to freedom of speech unavoidably prevent one from discovering the truth and consequently, degrades the dignity of the human being. For example, a passage from the Holy Quran states that

So what would you love after discarding the truth except error

This passage indicates the one major restriction on the right to freedom of speech, that is, when it is inappropriate. Speech is considered inappropriate when it is hurtful, rude, immoral, or obscene. Inappropriate speech desecrates the dignity of human beings by obstructing the discovery of truth. Thus, restricting the freedom of speech when it is inappropriate can be considered justifiable. Another passage from the Quran provides support to this idea

Allah does not like the uttering of unseemly speech in public, except on the part of one who is being wronged

Note, however, that even the most inappropriate and most offensive form of speech, that is, blasphemy, is not unlawfully sanctioned and therefore, not subject to restrictions under the Islamic Law.

In Islam, Muslims are commanded to speak only of things that are good. Otherwise, they should keep their silence. This is based on what the Messenger of Allah 5DI DDG 9DJG H3DE said
 Whosoever believes in Allah and the Last Day, then let him speak good (khair) or remain silent.
Khair is the word used in the original Islamic text of this hadith and this means Islam or what is approved in Islam. Hadith refers to the narration of the Sunnah or lived example of the prophet Mohammed. It includes all reports traditions, utterances, and deeds of Mohammed and his companions.

In Islam teachings, there are two angels for every human being in the world. These angels are called the Kiraman Katibeen. They stay with the individual throughout his entire life. One angel sits on his right shoulder, while the other sits on the left. Their only job is to record in their book of deeds every single word uttered, emotion felt, and action done by the individual. The angel on the right records the good ones, and the angel on the left records the bad ones. On the Day of Judgment, after the individuals death, he will be confronted with this book of deeds. Kiraman Katibeen literally means Noble Writers. Know that speaking even just one bad word may condemn somebody to hell.

According also to the Messenger of Allah 5DI DDG 9DJG H3DE, an individual who speaks a word that meets the approval of Allah may think that it has not been heard, yet for this good utterance, Allah will lift him to a  higher level of Paradise . In the same way, an individual who speaks a word that rouses the wrath of Allah may give no thought to what he said,  only to have Allah cast him in Hell for seventy years .

This is the reason why the Prophet 5DI DDG 9DJG H3DE stressed how important it is for a human being to control his tongue.

In one of his travels, Muaz ibn Jabal asked the Prophet Sall-Allahu alayhi wa sallam what he must do in order to enter Paradise and be protected from the Fire of Hell. The Prophet Sall-Allahu alayhi wa sallam answered and asked Muaz ibn Jabal Shall I not tell you about what all of this depends on He then held his tongue and spoke, Restrain this. Muaz ibn Jabal asked another question, Shall our utterances be held against us Upon asking this, the Prophet Sall-Allahu alayhi wa sallam answered, Most individuals will be cast to the Fire of Hellon their facesbecause of the lapses of their tongues.

The gift of verbal communication and expression distinguishes humans from being animals. The correct and fitting use of this wonderful abilityor its absencedistinguishes the upright individuals who are successful in life, from the wicked individuals who fail at their undertakings.

Muaz inb Jabal asked a question on how to achieve eternal life. Ultimately, the Prophet Sall-Allahu alayhi wa sallam responsed by reminding that the ultimate result of all these would depend on how the individuals guards his tongue. In other words, lack of caution in speaking about something can send one to hell.

Another hadith draws attention to the same topic in a different way. This hadith states that
Each morning, all the limbs of an individual plead with his tongue Fear Allah for our sake, for our fate is tied to your fate. If you follow the straight path, we shall follow it as well. And if you go astray, we shall too.

The Islamic Law, however, obliges Muslims in certain situations to speak out against Munkar. Furthermore, Muslims are commanded to enjoin Maroof.  Munkar means evil and Maroof means good. The Prophet Sall-Allahu alayhi wa sallam said that

By Allah, you have to enjoin good (Maroof) and prohibit evil (Munkar), and resist the hand of the unjust ruler (Zalim), and compel him strongly to speak the truth, or you have to restrict him to the truth.

By this passage, Allah prohibits every Muslim from keeping his silence against the evil (Munkar) rather, He commands every Muslim to get rid of it. According to the Prophet 5DI DDG 9DJG H3DE, one who sees a Munkar must change it by his hand if he fails, then by his tongue, and if he still cannot change it, use his heart, and that is the weakest of Imaan. Imaan means to be peaceful in ones heart and to feel strong and unafraid of worries.

Shariah and the Holy Quran teach Muslims on how to practice their right to freedom of speech. The manner in which this liberty is implemented is through the Islamic concepts of hisbah and naseehah.
The second Khalifa of Islam, Hadhrat Umar coined the term hisbah to refer to the duty of a Muslim to encourage good (Maroof) and speak out against evil (Munkar) which, as was previously mentioned, a command from Allah himself.

Naseehah, on the other hand, refers to the approach in which hisbah must be carried out, namely, naseehah is the obligation of all Muslims to perform hisbah by offering genuine and pleasant guidance and opinion.

Hisbah, or the encouragement of what is good, takes as fact the right to freedom of speech, since an individual cannot encourage and advocate good if he does not have the right to do so in the first place.
It is stated in the Quran

And let there be among you a group of men who should invite to goodness, and enjoin good and prohibit evil...

The Arabic translation for Let there be is waltakun. Note that this expresses a command, thus by the aforementioned verse, the Muslims are commanded to advocate good and forbid evil. The Quran also states that

And those who believe in Allah, men and women, are friends of one another. They enjoin good and prohibit evil and abide by Prayer and provide for Zakat and obey Allah and His Prophet. It is they who Allah will have mercy on...

Zakat refers to the alms given by Muslims for the poor people.
As mentioned earlier, naseesah involves providing genuine and pleasant reminder, guidance or opinion, and can best be understood by differentiating it from the concept of tawbikh which means to reprimand.

Unlike naseehah, tawbikh is done in public. It is insensitive, tactless and is usually combined with destructive criticism, defamation, and scorn. Naseehah, on the other hand, is done within private surroundings to prevent the person involved from being embarrassed. It also makes use of polite language, and words that will encourage, not belittle. It is founded on one of the passages in the Quran
And speak to men gently...

Muslims are also obliged to isolate a person from the company of others when giving him counsel.
The Quran further instructs Muslims concerning the approach in which to participate in hisbah and naseehah as stated in the following passages

Call unto the way of thy God with knowledge and goodly encouragement, and reason with them in a manner that is best.

Do not quarrel with the People of the Book except with what is best but do not quarrel at all with such of them as are undeserved. And say, We believe in the things that have been made known to us, and that have been made known to you and our Lord and your Lord is one and to Him we surrender...
The term People of the Book includes all individuals who have received a revelation earlier than the Quran, including the Christians, Jews Hindus, Zoroastrians, and any others.

In Islamic Law, the right to freedom of speech is restricted only when the failure to do so would result in the foundation of truth being harmed. According to a number of scholars in Islam, the principal offense which validates such a restriction on the right to freedom of speech is blasphemy. However, even blasphemy is not restricted criminally in Islamic countries.

The most widely-used definition of blasphemy in Islam, nowadays, is a scornful statement or series of statements against either Allah, against the essentials of Islam, against the personality of Allahs Holy Prophet, or any other prophet or anything deemed holy in Islam, uttered or expressed for the purpose of offending the susceptibilities of the Islamic communities.

Blasphemy, in Arabic, is sabb which means to insult. Even though it is regarded as a grave offense in Islam, whether committed by a Muslim or a non-Muslim, there is not a single passage in the Quran that prescribes a punishment for it. Rather, blasphemy is to be punished by Allah alone, to be dealt with by Him either in this life, or in the afterlife. Thus, based on the passages from the Quran referencing it, and the reaction of the Holy Prophet to it, blasphemy cannot be deemed a form of speech for which official restriction is validated. Despite being an offense according to the Quran, it is not an offense for the purposes of criminal directive as it is an issue that Allah alone has the right to handle. According to the Quran,

Verily those who angerAllah and His ProphetAllah has cursed them in this world and in the afterlife, and has set up for them a humiliating retribution. And those who criticize believers, men and women, for what they have not earned shall suffer the guilt of defamation and a manifest sin.

...and you shall certainly hear many hurtful words from those were given the Book before you and from those who established equals to the Lord. But if you show courage and act honorably, that indeed is a matter of intense resolve.

Notice how these passages mention no earthly punishment for blasphemy. The last passage also signifies the importance of acting righteously even in the face of blasphemy. The controversy regarding the Mohammed cartoons published in a Danish newspaper was already mentioned earlier. It was also mentioned that a lot of Muslims from various Islamic countries have staged protests, boycotts, and even killings took place. There is, however, one group of Muslims who did otherwise.

The Ahmadiyya Muslim community maintained their awareness of their duties concerning hisbah and naseehah, instead of promoting violence and participating in riots. After the cartoons were published, a representative of the Ahmadis went to visit Denmark, and addressed the officials and member of the press of Denmark during a hotel reception. The representative clarified why the Muslim community was offended by the cartoons, and he did so in a polite and calm manner. He did not give any violent statement. This is one good example of hisbah and naseehah being practiced.

Nowadays, a lot of Muslims are becoming drawn towards the notions of freedom of speech and human rights because of the medieval cruelty waged against them by the corrupt rulers in the Islamic countries. In most of the Islamic countries today, the leaders and officials have made it illegal to speak out against the evil (munkar) and oppression of the administration. They restrain all political resistance brutally and attempt to silence the Muslims by torturing them or sentencing them to jail. Even in the west, governments are also moving towards keeping the Muslims from protesting or criticizing foreign policies. They want to silence those who hold what they consider radical political opinions under the pretext of anti-terror policies.

Despite all these restrictions that governments are trying to enforce on the Muslim communities that want to speak out, the fact remains that for Muslims, Allah is the one who defined what form is speech is acceptable and what is not. Thus, if it is in the favor of Allah, and it follows from the Quran and Shariah that a Muslim must speak out against evil (munkar) and oppression, then there is nothing that governments, international declarations, whether in the western world or Islamic world, can do to take away this right from them.

The Prophet 5DI DDG 9DJG H3DE narrated that the master of martyrs is Hamza bin Abdul-Muttalib, who stood to a tyrant leader  ...where he ordered him and forbade him so the leader killed him.  This is one of the passages that support the fact that Muslims who speak out against oppression or protest against unjust governments are doing it not because they have the right to freedom of speech, or because the western world gives them the right to express themselves. Rather, they are doing it because Allah commanded them to do so. They would perform their obligation to Islam to the best of their ability even if it means they have to face death.

I Mr. Akawee Kosumwongwiwat a Thailand national hereby express my great passion of pursuing a Master of Criminal Law at the University of Sunderland UK. My interest in law stems from a fascination in helping to resolve criminology cases and making consequential important contribution this profession makes to our society. I am convinced that this kind of program will help me improve the societys way of life for the better.  I am thrilled by the developments in criminal law and the way it has adapted to an ever changing society.

I have the confidence that my past educational acts as a firm background which makes me a competitive candidate for your program. The reason for my confidence is based on the fact that I have received the best legal education, LLM from Chicago Kent College Law, USA with GPA 3.18 and a graduate LLB from Ramkhanhaeng University, Thailand. My graduate programs have allowed me to learn the basic courses of law and they have given me exposure to the major categories of individual laws. To add on to this, I am most interested in criminal law. My educational experience which is defined by my good GPA gives me the will to continue on with my education up to the Masters level. I have no work experience but I believe that the masters level program it will give me enough exposure on the field of criminal law and justice.

It is my hope that the systematic education at your university will give me the necessary foundation to lead a rewarding career in criminal law in future. In this age of increasing criminality, my professional knowledge and training will be of great importance in promoting a healthy development of the society on crime issues. I look forward to a positive response from you and I will be glad even as you offer me an opportunity to study in this unmatched institution.
Thank you in advance.

Introduction
This study involved visiting courtrooms and observing the court proceeding. I was to follow several cases and evaluate everyones behavior in the courtroom. During this period I visited two courtrooms, Criminal Justice Center at 14250 49th Street North Clearwater, FL 33762 and the 501 building in St. Petersburg at 501 1st Avenue North St. Petersburg, FL 33701. I visited the courtrooms on several occasions.

Case observations
On June 16 2010, I visited the criminal Justice center at 14250 49th street North Clearwater, FL 33762, at 2 pm. At the entrance of the courtroom there was screening. Mobile phones were not allowed in the courtroom so they were to be left at the reception desk. It was not difficult getting into the courtroom as only photo identification was required. The room was half full and so finding a sitting position was easy. It was a criminal case, where Mr. George Warren, the accused, was a suspect in a robbery at the bay harbor pool room. The Judge was Justice Earl Logan. The mood of the court was rather relaxed. The judge was calm and followed keenly. On several occasions the judge was very active, especially where the attorneys had heated arguments. The judge had to intervene and restore order in the room.

As I learnt later that the proceeding was not open to the journalist and this is the reason I attracted some attention from a juror, as I took some notes. The attorneys showed a great deal of respect to their client although the plaintiffs attorney was very intimidating. The judge did not take this lightly and cautioned the attorney against such action. The defendants attorney defended his client against such intimidation aggressively. He refused to allow his client to be asked questions revolving around his personal life except where they were relevant. They attorneys sought the judges intervention where they felt that their client was being harassed. The judge asked the clients questions where he felt was necessary, or ordered them to answer questions if the chose to remain silent. The defendant and his attorney were active while the plaintiff appeared relaxed. This is because the evidence that was brought before the court was very strong and could earn him more than five years imprisonment. The defendant was a clerk and frequented the pool room.

Both of them seemed to follow and understand the proceedings. The defendant was however very careful when answering the questions because he would take some time before replying. The disposition of the case was that the defendant was not guilty. This is because he was found near the site with some pints of wine and some change in his pocket. The evidence produced was not substantial and enough for the defendant to face any sentence. The witnesses who testified in the case did give any information that linked the defendant to the crime. The plaintiff failed to convince the court that the accused was indeed the thief. There was no finger print match and the defendant had an evident alibi. During the time of theft the defendant was at another local joint drinking.

The time spent on the case was not long but was enough because there was no enough evidence to imprison the defendant. The disposition of the case was fair. There was clear evidence that the defendant was not involved in the crime, and if there was the plaintiff failed to produce it. According to the law the defendant was supposed to be set free until or unless there was more clear evidence.

Analysis
The courts precinct was calm. There was a serious security check for mobile phones, cameras and any form of weapons. This case was not open to the media and this is the reason why they were so strict on the issue of any cameras or recording material. This was also a security to ensure the safety of everyone in the courtroom. Being an afternoon during a working day most people were at their places of work and so most of those in the room were close to the clients. The mood was relaxed. The case had little tension and this is the reason why the judge appeared calm although he was very attentive. In some instances the clients chose not to answer questions and the judge had to intervene and force them to answer the questions. This is because the evidence tabled was not enough and any information that the judge felt was relevant had to be given.

The attorneys were however very aggressive, each trying to defend the evidence produced by their clients. The plaintiff showed no signs of providing more evidence against the defendant and relied solely on the fact that the defendant was found close to the crime scene when the police were called. The defendant claimed that he had just left another drinking joint and was on his way home. This case was very sensitive and the judge had to take note of all the important details and ask questions where clarification was needed, failure to which a wrong judgment would have been made. He was able to prove his claims to the court.

The fingerprints from the crime scene did not match his, clear evidence that he was just a case of mistaken identity. This made the proceedings very quick and the hearing and the proceedings did not take a long duration. The evidence produced by the plaintiff did not link directly to the defendant. The could only prove that he was a suspect because he had some pints of wine and also being near the pool room but no proof of his presence in it.

The comparison
The courtrooms I visited had some differences and similarities. For example in some courtrooms you were allowed to access the room with a mobile phone but it should remain switched off, while in others one was supposed to leave any electronic gadget or anything that could cause harm at the reception. This is especially in those cases that had restrictions to the media. Search for weapons was inevitable for security reasons. The judges had different reactions and moods depending on the case. If the case had a lot of pressure there were heated arguments and the judge and the judges were very active. They would ask questions in some instances. In other cases the rooms had a bored mood and the judge could even fall asleep. The judge would remain uninvolved in the case.

I observed this in a civil case the 501 building in St. Petersburg at 501 1st Avenue North St. Petersburg, FL 33701 on June 11 2010. The suit was filed woman and her former husband and the dispute involved the sharing of the family property. They had recently divorced and the husband decided the wife could only get a third share of the property. Unlike the first case where the judge was actively involved by asking question and seeking clarification, in this case the judge listened quietly without intervention. The judge only took down a few notes and the rest of the time he just watched and listened. The facts and evidence produced were so obvious. Those who followed the proceedings were also very bored. The disposition of this case was that the property in question was to be shared equally between the couple. The disposition of this case was so obvious and thus the quiet mood in the room.

The attorneys were also very calm and did not show much aggressiveness like in the first criminal case. The only client who appeared active was the plaintiff, who on several instances had to be warned by the judge about her explosive behavior. In other instances accessing a courtroom could be very difficult. Only those involved in the case are allowed to access them. On the 17th May 2010, I attended the 501 building in St. Petersburg at 501 1st Avenue North St. Petersburg, FL 33701, where the case involved a limited company and a former employee. Only those who were involved in this case were allowed in. I however managed to convince the security team that I was a law student conducting a research and was allowed in. The restrictions were in favor of the companys public image, which was a leading company globally and could not risk the integrity. The judge looked serious and very involved. The room had very few people and tension was high. The attorneys were very aggressive and the judge was actively involved. The Jury followed the proceedings very attentively. The defendant was accused of violating the rights of the plaintiff a former employee in it, where the plaintiff was forced to work for more hours and was fired without any definite reason. Like in the first case, the judge listened attentively and asked questions during the proceedings. The questions were to clarify the issues that could be relevant in determining the case. The reasons stated by the defendants for their action was that the plaintiff was unproductive at work and showed some negative attitude. The defendant managed to convince the court on the negative attitude of the plaintiff but failed to prove his unproductiveness. The defendant claimed that on particular occasion the plaintiff did not report to work and had no reason a claim refuted by the defendant. Some records that showed the employees attendance were missing they could have been some crucial evidence. The disposition of this case was that the defendant was guilty. They were to pay the plaintiff an amount that was to be discussed by their attorneys. Unlike the first two cases this case took one month to be decided. The hearing was made on the 25th June 2010. I attended all the three proceedings. The second proceeding was on the 4th June 2010.

The fourth case was at the criminal Justice center at 14250 49th street North Clearwater, FL 33762. In this case the plaintiff was a young man who was assaulted by a security guard, the defendant, at a public facility. The hearing was held on July 12 2010. This case proceeding was open to everyone and the courtroom was very crowded. There was the usual security check but not many restrictions. Security checks are a must at all the court entrances but the restrictions depend on the case and those who are involved. The judge was active. Her name was Justice Rene Raymond. The attorneys were very active with instances of heated arguments like in the first and third case. The security guard claimed that the young man was disturbing the public. The evidence brought before the court and from the witnesses showed that the plaintiff had actually caused commotion in the public facility. The issue in this case was the assault. The judge argued that the plaintiff had actually caused disturbance to the people and thus the reason for the assault. Therefore the plaintiff lost the suit. This disposition was fair.

There were similarities in these cases in that in most of the criminal cases the judges were very active since the involved so many details that had to be unveiled and clarified so as to make a sound judgment. The crowding of the courtrooms however varied. The dispositions were based on the evidence produced and not just mere claims. This is because in a law court everything said should be proved and a judge should not base the decision on blank claims.

Conclusion
The research shows that every case proceeding has its own procedures although others are similar. The issue of security is emphasized in all courts. In some cases members of the public are restricted, while others are open to everyone. The mood and involvement of the judge and the courtroom in general depends on the case. Some cases have so much pressure that the judge is very active and attentive. The decisions are based on the evidence produced before the court.

Negotiation is a mutual, consensual, voluntary, procedure followed in generating solutions for disputes. It is designed in such a way as to facilitate discussion between two conflicting parties. Due to the fact that no neutral third party is involved, the conflicting parties have to establish their own process as well as the rules to follow, and also find a solution for their own conflicts. However, the rules of negotiation remain unstated, but are completely established in the due course of negotiation. Failure of the parties to generate a solution to a particular problem means that the conflict will remain and the parties have to consider another methodology for resolution. Negotiation however is not limited to generating solutions to conflicts (Atlas, Huber and Trachte-Huber, 2000). When two conflicting parties decide to employ negotiations to settle their disputes, they become integrated in a process, which will require compromise.  It is very rare that a party will be given everything heshe wants, and it is also very rare that a party will give everything that the other side demands. The first step in preparing for negotiation is to evaluate the dispute. In this step, the conflicts are clearly defined, facts looked into, and as well the law is researched. Other factors that are looked into in this step are the facts applied to the law, legitimate and non-legitimate issues, probable solutions, as well as the interest of both parties. Immediately after the legal issues have been looked into non-legal issues are then evaluated. Hartley (2002), states that even though a dispute may involve a non-legal instead of a legal issue, this does not reduce the intensity of the dispute. However, in that case, the procedures for conflict resolution will be limited. A plan of action is also laid down if the conflict cannot be resolved through negotiation (Atlas, Huber and Trachte-Huber, 2000). Negotiation, as a dispute resolution process, has both advantages and disadvantages. One disadvantage is that an active participation of both parties is required for negotiation to take place. There can be no negotiations if the conflicting parties fail to cooperate. The decision to negotiate is inclined on the interests as well as the needs of the conflicting parties and not on the law. However, negotiation offers the conflicting parties with unlimited flexibility. They can design their own timetable without the fear of breaking laid down regulations. They can set up the rules as well as procedures for the negotiation process. Conflicting parties can negotiate themselves through lawyers (Hartley, 2002). Negotiations are easy to begin and a decision can be made at the end of the process. Resolutions comprise of some of the needs as well as interests of the conflicting parties. It is a cost effective process since it eliminates filing charges. The conflicting parties are free to end the negotiation if they feel that their interests are not considered. The conflicting parties, on selecting negotiation, weigh the need to generate a solution for a particular disagreement now against a probable outcome if the disagreement is dissolved at a later date. The conflicting parties devote all their efforts to resolving a dispute now in order to put the disagreement behind them and move on. The parties have full control of the process. The decision or the consent of a third party is not required in negotiation (Atlas, Huber and Trachte-Huber, 2000).

In negotiations paralegals do not have an active role in the process. Their role is to assist the attorney. Paralegals also referred to as legal assistants, undertake a variety of tasks and responsibilities that an attorney would normally perform. These activities range from giving legal guidance and setting fees to acting as counsel in the courtroom. Paralegals may take part in the investigations of certain aspects of a case. They help track down all vital information of a case. They assist attorneys prepare for a trial as well as hearings. One of the major obligations of paralegals is to prepare written reports which lawyers refer to when devising legitimate strategies for handling a case (Brittain and Hull, 2002).

Mediation, on the other hand, is a consensual process. Mediation is mainly employed by parties who contract. It may be included as a term in a contract. If a dispute occurs out of the contract, the parties are only required to apply the provisions of the contract. However, if the conflict does not occur out of the contract, and mediation was not included as a term in the contract, the parties may consider private mediation (Arnavas, 2004). Private mediation is usually selected before proceedings are started. If parties, through mediation, resolve their conflicts, litigation is not pursued. Nevertheless, if a solution is not generated out of mediation, legal action may then be pursued. In case mediation has not been selected as a resolution process, one of the conflicting parties may pursue legal action with intent of bringing a reluctant party to mediation table. This in turn opens a variety of channels for conflict resolution, each of which progresses along its own schedule. If a solution is generated through mediation, the conflicting parties will terminate the legal action through filing motions to dismiss with prejudice. Both parties are required to play an active role in mediation process. Mediation is very different from negotiation which just occurs (Atlas, Huber and Trachte-Huber, 2000). The actual consent of the conflicting parties is required if a decision to mediate is to be made. Mediation also requires proper planning because a neutral third party is required in the process. The role of the neutral third party is to facilitate the discussion between the conflicting parties. The main objective of mediation is resolving a particular dispute, but if the parties are unable to reach a conclusion, their conflict will remain unresolved and another conflict resolution process may be sought. In mediation, the conflicting parties just like negotiation, are required to give a full description of their dispute. They are also required to state their interests as well as listen to the needs and interests of the other party. They should also be prepared to set up a rational way of resolving their disagreement (Atlas, Huber and Trachte-Huber, 2000).

The first step in preparing for mediation is to establish the rules for the whole process as well as selecting a neutral third party. Both parties must be comfortable with the rules, procedures as well as the mediator (Hartley, 2002). The parties may establish the rules by themselves or the mediator may set up the rules for them. The second step in mediation is establishing the timing as well as the setting for the process. Timing depends on a variety of factors including presence of an attorney, availability of the mediator, and the magnitude of the disagreement. The other step is preparing the participants for their obligations in the resolution process. Legal evidence as well as supporting documents is of limited significance in mediation due to the fact that the conflicting parties are trying to find a solution for their own problems through the help of a mediator. Documents may nevertheless be used to assist the other party get to know the merits or lack of merit of a particular stance (Hartley, 2002). The actual mediation process involves the mediators opening comments, which introduce the conflicting parties to the mediation table the opening statements of the conflicting parties the assistance of the mediator to reaching a rational conclusion and finalizing of the agreement with the help of the mediator. A binding agreement is made in mediation process. The role of paralegals in mediation process is to manage the documents in a case, put down the proceedings, communicate and talk about legal strategies with the attorney. Paralegals also interface with the clients. Paralegals however, do not represent or counsel a client (Brittain and Hull, 2002).

There are advantages and disadvantages associated with mediation. One main disadvantage of mediation is that the whole process is based on individual and business factors and not on the law. Mediation does not guarantee that a solution will be generated at the end of the process. However, mediation offers the conflicting parties with unlimited flexibility. They choose the mediator set their own timetable determine the compensation of the mediator and the location of the mediation talks and also determine the way through which the mediation process will be conducted. Creativity of the conflicting parties is not limited by law in mediation (Hartley, 2002).

Arbitration, a conventionally private alternative dispute resolution process, is presently employed in court setting after a litigation process has been commenced.  The earliest court ordered arbitration took place in 1978 when the Eastern District of Pennsylvania and Northern District of California began their own operations (Kramer, 1998). Court annexed arbitration offers the conflicting parties with a condensed bench-type trial. The stringent federal rules of evidence are relaxed in court annexed arbitrations. Private arbitration is voluntary whereas court annexed arbitrations are obligatory. The conflicting parties have to settle on arbitration as their dispute resolution process. They then establish the rules for the arbitration and select an arbitrator. Even though the conflicting parties may decide to regard arbitration as nonbinding, private arbitration is binding. The decision of the arbitrator is final and cannot be appealed even though there is a limited opening for legal assessment. Court annexed arbitrations, on the contrary, are nonbinding (Kramer, 1998). Un-contented party may disregard the awards of an arbitrator and seek trial de novo from the court. Failure to file a trial de novo within a specified period of time makes the arbitrators awards binding. The actual process of court annexed arbitration involves filling a complaint, referring the case to arbitration, pretrial discovery, pre-hearing of statements, hearing the arbitration, arbitrators awards, and finally a chance for trial de novo. Arbitration hearing comprises of a variety of events which include convening of the arbitration by the arbitrator, introduction of all parties, presentation of a procedural overview of the process by the arbitrator, opening statement by the plaintiffs counsel, opening statement by the defendants counsel, presentation of plaintiffs evidence, cross examination of plaintiffs evidence by the defendants counsel, presentation of defendants evidence, cross examination of defendants evidence by the plaintiffs counsel, closing argument by the plaintiffs counsel, closing argument by the defendants counsel, adjournment of the arbitration hearing by the arbitrator, and finally issuing of the arbitration awards by the arbitrator. The role of paralegals in arbitration as a ADR is to carry out the discovery for a court annexed arbitration if the complainant has not been filed paralegals are supposed to be present at the arbitration hearing. Paralegals assist an attorney in a similar manner to when a case is presented before a judge rather than an arbitrator. They prepare reports and assist their attorneys manage these reports as presentation of evidence is made (Brittain and Hull, 2002).

Court annexed arbitration has a number of advantages as well as disadvantages associated with it. As an advantage, it offers the conflicting parties with a cost efficient alternative to conventional courtroom. It also relieves the courts of the heavy burden of the ever increasing caseload. They are timelier as compared to full trial. Through elimination of discovery deadlines, arbitrations ensure that hearing takes place within the shortest period possible (Fiadjoe, 2004). Arbitrations obviate many live witnesses as well as formality required in court proceedings, an aspect that reduces the time taken to generate a conclusion. Arbitration eliminates the need by arbitrators to shift focus between different matters on their calendars, and thus focus on the case being arbitrated. Arbitration saves a lot of time and do not require scheduling in large courtrooms. Disadvantages associated with arbitrations emanate from the fact that in case an arbitrators awards are disregarded and a trial de novo considered, the total costs exceed the normal litigation costs. Another disadvantage is that a third party is required to resolve the disagreements. The conflicting parties may regard the arbitrators awards as less authoritative because heshe do not make judicial decisions daily (Kramer, 1998).

The statutory law or a statute law is any law that is written opposing the oral or a customary law that is set forth by the legislature. This kind of law opposes the laws set forth by the executive branch or the regulatory law. The statute laws can originate from the legislatures or the local municipalities. The lower statutes of jurisdiction are subordinate the statutes of the higher jurisdiction. There are two types of statutory laws, the codified law and the private law.

The codified law- can be defined as a statute that takes the common law in some areas of the law and puts it in a form of statute or in a code form.

Private law- This a law that is not typically codified and may originate as a private bill and its a law that one affects one person or a small group of persons.

In this regard, in the state of confusion enacting a statutory that required all trucks and towing trailers to be fitted with B-type track hitch is a law that will affect only a small group of people who are operating in the state and are operating the trucking companies and trailers. In this regard the statute can be regarded as a private law. Since Tanya is from a different state, it would affect her company only if she wishes to transit through the state or she is to conduct her business in the state (Levy, 1992).

What court will have jurisdiction over Tanyas suit Why
Tanya would be required to file a suit against the state of confusion in the federal courts. There are several and different types of cases that are heard in the federal courts. The federal courts have many jurisdictions as the state courts. The types of cases that are handled by the federal courts are determined by the congress and are listed in the constitution.  The federal courts deals with cases where the citizens of the US are involved and specifically in violation of the constitution or the federal laws.  The cases that are heard by the federal courts are cases that involve the bankruptcy, patent cases or cases which an organization or an individual is involved (Devotion, 2008).

The case between Tanya and the state of confusion can be heard by the federal courts because she is challenging the introduced law that may probably affect her business. On the other hand, she does not belong to the state of confusion but rather to state of Denial and the laws should only affect the citizens of the state of Denial (Devotion, 2008).

Is the Confusion statute constitutional Discuss your legal reasoning.
In any given state, enacting a statute must go hand in hand with the constitution of the country. Though any state has the right enact any given statute and has to be followed by the citizens of that particular state. In this regard the statute enacted by the state of confusion should not affect citizens from other states. Tanya who comes from another state, can be affected by the statute enacted only if she operates or transits through the state. This is because may be the statute was enacted with an aim of protecting the states roads, and by allowing citizens from other states to use their roads without following the laws set forth will not be constitutionally right because that is giving them more privileges that could probably be enjoyed by the citizens of the Confusion state.

The confusion state statute is constitutional and can only be challenged and appealed by the concerned parties. In this regard, since there are no complains that have been heard from the state citizens, there is low probability of Tanya succeeding in her suit. Tanyas business is registered in Denial State and she only transits in the confusion state, she is therefore have no base of filing a suite because the state has to enact the statutes that will benefits and protect the states properties (Garvey, 2004).

What provisions of the U.S. Constitution will be applied by a court to determine the statutes validity
The courts will use the commerce clause Article I, 8, clause 3 which states The Congress shall have the power . . . To regulate commerce with foreign nations, and among the several states, and with the Indian tribes In this regard, the issue here is that the statute enacted by the confusion state will affect Tanyas business. This clause will be a base of Tanyas argument and will determine whether the statute is fair and whether the state was supposed to enact it.

In this particular clause in the US constitution provisions, the congress has the power to review the statute and can either call for amendments depending on the reason why it was enacted. On the other hand, the Congress can too ask the statute to remain if it would favor the country and majority.
Is Tanya likely to prevail on her suit Explain the reasons for your answer.Set forth in detail the stages of a civil suit.

Tanya would file a law suit against the state the federal courts would investigate her plea. The federal courts would first investigate the reasons why the statute was enacted and whether Tanya has an alternative passage besides the transiting in the state. The State representative and Tanya would be called for the mention of the case and the date of hearing. The hearing shall proceed between Tanya and the State in the federal courts though the probabilities of Tanya winning against the state are very minimal (Devotion, 2008).

There are minimal probabilities that Tanya would prevail in her case. There are several reasons that could attribute to this including

Tanya is from a different state and the statute was enacted to protect the Confusion state and its citizens

Tanyas company, though affected by the enacted confusion statute can use other roads or different state and get to her destination.

The enacting of a statute must be backed by  strong reasons and they are mostly for the good of the state

The issue of trade marks and their infringement has become rather conspicuous in these days when common markets are increasingly becoming the order of the day. This is because the relative interpretation of the law regarding trade marks and its consequent application tends to be different in various regions and under varying jurisdictions, making it difficult to have fair determination of cases. In the European Union, for instance, the Trade Mark Act of 1994 has been the sole law that has aided the use of trade marks and other signs during the marketing process. While the legislation applies universally across the region, there is no law that has been enforced which clearly explains what ought to be done when goods are available for parallel circulation outside the region. Although there might be some laws governing this issue in certain regions, the law has not be enforceable there. This has complicated matters and allowed loopholes in the Trade Mark Act.

The relative application of common law and statute law has also come in as a basis for debate because while common law has tended to use past cases as the basis for determining present ones, statute law has fallen short of meeting the need for trade mark owners to be protected by use of past laws. For instance, statute law as found in Section 10(4)(c) of the Trade Marks Act (TMA) grants the rights to a trade mark owner to prevent the importation of goods under his or her mark. Section 12 of the TMA, however, provides a defense to such infringement under the exhaustion of rights principle. This has created a clash between the two clauses and has in many ways paved the way for other people to use the mark of someone else legally, effectively restricting the rights of the trade mark holder. To understand these issues through a critical analysis of statute and case law, this paper critically examines the extent to which section 12 restricts the rights of a trade mark owner.

Provisions of Section 10(4)(c) of the Trade Marks Act (TMA)
According to this legislation, it is not legally right for any one to offer goods for sale which have a similar or an identical sign with another registered sign. The use of a sign includes utilising the sign on one s goods or packaging utilising the sign on letters or other papers used in advertising and offering goods for sale, stocking them, exposing them, or supplying services under the sign. If any of these is done without the consent of the proprietor, then it constitutes trade mark infringement. By extension, no one is allowed to use a trade mark that is identical to an already registered one or to handle or deal in goods or services which are usually used in relation to the registered sign.

Defenses to the Infringement
Although both sections 11 and 12 offer reasonable defenses to the infringement of a trade mark, it is Section 12 that takes matters too far and exposes the proprietor to incidents that might compromise his or her right to regulate the use of the sign or goods distributed under the sign. This section is a mirror of the of the provisions of a European Commission directive known as Article 7 and provides that it is not an infringement of any registered trade mark if that trade mark is used in relation to goods that are being circulated or have been put on the market in the European Economic Area (EEA). It also does not consider it an infringement of a registered trade mark if such a trade mark is used with the permission of the owner.  This is the clause that has managed to limit the powers of the proprietor regarding the use of one s trade mark or the regulation of the products that can be circulated in the market under that trade mark. The only exception to this rule is if the goods under question have been tampered with, modified, or significantly changed so that they fail to reflect what the trade mark originally sought to present. This is the first point where loopholes start being utilised and so the proprietor s rights get limited because of the following reasons

Principle of Exhaustion
First, while it is clear that the principle of exhaustion can be applied to the trade mark or the goods circulated under the trade mark, the extent or the jurisdiction that is to be covered by such a principle is not clear. For one, third parties can utilise the rather ambiguous clause - goods have been put on the market. It is critical that this clause is defined further to make it clearer. Otherwise, it is not possible for one to tell what putting goods on the market means. For instance, it is possible that goods can be put on the market but not sold. Or they can just be stocked without selling. In this case, third parties can claim the goods were put on the market in the EEA, yet the goods were simply stored.  This is a point of contention because it is also possible for goods to be offered for sale or just imported and yet they were never sold. The proprietor might never be aware of the exact point where his or her trade mark rights is exhausted.
 
Following the 2004 case of Peak Holding against Axolin-Elinor, it was ruled that the meaning of the phrase put on the market in the EEA ought to be that the goods were actually sold and not just placed on an offer for sale or just imported into a country. It stemmed from the fact that although the defendant held that the goods had been put on the market in the EEC, they were not actually sold. So, the plaintiff insisted that because the goods were never sold, or at least some of them were not sold, the principle of exhaustion never applied. The court ruled in favour of the plaintiff, claiming that for as long as the goods were not sold, the proprietor still had the right over them. However, in cases where this is not clear, third parties can claim to have put the goods on the EEA market and yet only sell a fraction of the these goods, thereby robbing the proprietor of the right to regulate the goods. This is because unless this is done, such goods that, having been placed on the EEA market, fail to be sold in the EEA might find their way outside the region and then back again for resale in the EEA as imports. Should this happen, the proprietor would not have any means of controlling their distribution. Only with the knowledge that trade mark rights are exhausted when the goods are sold in the EEA can the proprietor be able to restrict imports of similar goods and their subsequent circulation in the EEA.

Parallel Trade
The principle of exhaustion clearly allows for the resale of goods by third parties once they have been put on the market in the EEA. However, it is not clear whether such provisions only cover the region or extend to areas beyond the region. For instance, the proprietor might actually put the goods on the market in the EEA or give consent for the goods to be circulated. However, the same goods can still find their way in the country and be offered for sale. In such a case, the proprietor cannot stop the distribution of the goods because by being allowed to be sold freely, the proprietor is assumed to have consented to their free circulation wherever they will find their way. This has raised a number of issues with proprietors, arguing that they might have consented to the sale of the goods but not as long as they are imported from another country outside the EEA.

In the Silhouette International Schmied  Co KG against Hartlauer Handelsgellschaft, the plaintiff wanted to have the defendant barred from selling its designer glasses even though the defendant had imported them from outside Austria and the EU. The argument by the plaintiff was that the designer spectacles ought not to be resold in Austria because the firm still held the trade mark rights over any such goods that were not from the EEA. On the other side, the defendant maintained that because the plaintiff consented to the sale of the goods, there was no legal right to control where they were being sold. In a landmark ruling by the ECJ, it was decided that the plaintiff had the right to stop the sale of the designer spectacles in the country because of the fact that although the law governing international circulation was not enforceable in the EEA, this did not mean that there was an allowance to circulate such goods there. In essence, the plaintiff s rights over the goods had not been exhausted on account of the law that had not been enforced.

A similar ruling was made in the 1999 Sebago Inc against GB Unic SA case where the court decided that it was never the responsibility of individual nations in the EU to set laws governing the exhaustion principle as it applied to goods that originated from outside of the region. This was a case in Belgium where the plaintiff wanted to stop the sale of its shoes in the country   shoes which had been imported from outside the EEA. This ruling was in spite of the defendant s argument that the plaintiff had consented to the distribution of the goods in the international market. The court, in order to set the record straight, ruled that it was the responsibility of the trade mark owner to specify which goods were permitted to be sold in the international market so that those specific ones could be said to have the consent of the trade mark owner. Unless this was done, the trade mark rights were still not exhausted. This ruling came in to help trade mark owners in that prior to it, goods could be distributed under their trade mark even when they only authorised a few of them or certain brands only.

Common Law and Not Statute Law
The difference in the application of the law can also present many challenges to the owners of trade marks and drive them to dispute certain rulings by the court. Whilst statute law is the written law and can be applied in the jurisdiction provided for under the law, common law might be used to deny rights even when statute law could have granted such rights. The 2000 High Court case between Zino Davidoff SA and AG Imports Ltd demonstrated how the use of common law and not statute law can work to deny trade mark owners their rights. Specifically, the use of common law was requested by the plaintiff so that a ruling could be made to require that the defendant stops the sale of perfumes that had been circulated outside the EEA. This was in spite of the plaintiff having given consent to the sale of the perfumes outside the EU and so effectively exhausting his rights over the goods. The insistence on the use of common law was partly because there was no other enforceable law in the EU governing the parallel importation outside the EU, and largely because an earlier ruling on a similar case had gone in favour of Silhouette International Schmied GmbH.

Common law was used but there was found to be a discrepancy between the earlier case and the present one, particularly in the manner the sale outside the region was conducted. For in the earlier case, there had been no consent whatsoever but in the present case the plaintiff had given consent for the goods to be distributed outside the EEA. Not once have there been cases where the law is not specific on what ought to be done and it is always left to the judges in courts to make their ruling based on what has been common practice elsewhere or what has been done in the past. For this particular case involving the distribution of perfumes, the principle of exhaustion as provided for in the statute law failed to protect the trade mark owner and instead gave the power to distribute the goods to a third party. Although Davidoff was the owner of the trade mark for the goods, the firm had no power to decide how the goods were going to be distributed just because the goods were presumed to have been allowed to circulate freely in the international market.

This brings into perspective yet another issue that requires critical analysis. This is why the court ruled in favour of Silhouette International Schmied GmbH and against Davidoff when common law provisions would have allowed for a similar ruling. Actually, it was on the basis of knowledge of common law applicability in general and the Silhouette International Schmied GmbH court ruling in particular that had prompted Davidoff to file the case before the court. The reason behind the case was that if a past case had been determined in favour of the trade mark owner, then this case, too, should be determined in favour of the plaintiff who owned the trade mark rights. However, while acknowledging the applicability of common law in this case, the judge referred to Article 12   the principle of exhaustion - as a statute that ought to be scrutinised keenly and used alongside common law.

So in the ruling, the judge sought to establish the extent to which exhaustion could become applicable and the point at which this principle came into play. He stated that the issue was not about the perfumes having been placed in the EEA market but rather the trade mark owner having consented to the distribution of the perfumes abroad   outside the EEA. How this consent was given was beyond the scope of the court but it ought to be analysed for it is clear that consent may be an ambiguous word needing clarification.

What Constitutes Consent
It is difficult to tell what consent really is. For one, consent can be implied or expressed by the trade mark holder. While expressed consent can be easy to understand and the issuance of such by the trade mark owner can be used to mark the point at which the goods are exhausted, third parties can utilise the ambiguity that often surrounds implied consent to distribute goods in areas where the goods ought not to be sold. For instance, a third party can claim that a supplier never specified the areas where the goods ought to be distributed and as such, the third party distributing the goods took that as an implied consent from the trade mark owner that the goods could be marketed freely. Similarly, third parties, particularly distributors outside the EEA, can cite the absence of full and very explicit instructions requiring that the goods are not to be imported into the EEA as an indication that the trade mark owner has actually allowed or consented for them to be imported there, thereby exhausting his rights over the goods.

This was seen in a number of rulings by the ECJ, most of the cases having been referred there from other courts. In a joint ruling of the cases of Levi Strauss  Co Limited and Levi Strauss (UK) Limited against Tesco Stores Limited and Tesco plc Zino Davidoff SA against AG Imports Limited and Levi Strauss  Co and Levi Strauss (UK) Limited against Costco Wholesale UK Limited, the ECJ held that there was no need for confusion to exist between implied and expressed consent. The court went ahead to define what implied consent was as most of the cases touched on the ambiguity of the word. According to the ECJ, consent - whether implied or expressed by the trade mark holder - ought to be given in such a way that gives the trade mark holder the power and ability to unequivocally renounce ownership of the goods. The court added that it is upon the proprietor to choose the method through which to give this consent. He or she can use an expressed statement or can imply it by the manner he or she acts after and during the time the goods have been placed in the market outside the EEA. This behaviour will show whether he or she has unequivocally let go of the rights over the goods or if he or she still holds such rights.

This is where the problem lies because what is implied by some actions of someone will be interpreted differently by various people. As earlier mentioned, it is possible that third parties can be more willing to trade in goods which are not clearly exhausted under the pretext that the trade mark owner implied that he or she had exhausted his or her rights over the goods as inferred from his or her actions. The law fails to clearly mention the actions that can be taken to mean exhaustion of rights and which ones do not, making the proprietor live at the mercy of the interpretation of his or her actions by would-be trade mark infringers. For instance, most proprietors will remain silent during and after their goods have been placed in the market outside the EEA, making it difficult to determine what such silence means.

Actually, in these joint cases, it was required of the court to give a ruling on whether silence formed part of implied consent. To this, the  ECJ ruled that it was not the work of the trade mark owner to determine which of his or her actions constituted implied consent but rather the prerogative of the third party   the person engaging in the trading of the goods   to prove that whatever actions were exhibited by the trade mark holder constitute implied consent. In essence, the court was saying that the trade mark owner can never defend his or her actions regarding implied consent. This is very detrimental to him or her given that he or she might have actually acted to imply that he or she was not consenting to his or her goods being distributed freely outside the EEA. Subsection 2 of Section 12 of the Trade Mark Act can also be a loophole through which trade mark owners can be deprived of the right to control goods under their trade mark. This clause, on the face of it, gives trade mark owners the right to oppose the circulation of goods if the proprietor has legitimate reasons to do so. In this case, the proprietor can determine if there are goods coming in from outside the EEA and move to alert the relevant authorities to withhold them on the basis that having them distributed locally would be trade mark infringement. Clearly, this is a very difficult task for anyone to do. It is almost impossible for trade mark owners to monitor where their goods are and where they are destined for sale in the foreseeable future. Asking them to notify the relevant authorities when the goods are destined for the EEA again is tantamount to requiring them to monitor every move of the goods wherever they go around the world.

Given this state of affairs, third parties can easily get the goods back into the country of origin or in the EEA and distribute them without the knowledge of the trade mark owner. Since the trade mark owner must notify the customs officials before the goods are due into the country and give the details of the nature of the goods and which specific ones are capable of infringing the trade mark right so that the goods might be prohibited, third parties can conceal the identity of the goods, slightly modify them, or ensure that the trade mark owner does not get to know of the imports until when it is too late to stop the goods. Besides, it is difficult for trade mark owners to prove the ownership of the rights for goods that are not yet in the country. This has made trade mark owners to fail to exercise total control over their trade marks.

Another possible way through which traders can infringe on trade mark rights legally is if they claim that they had no prior knowledge of the goods having been restricted because of there having been no communication from either the trade mark holder or the agent. In other words, silence on the part of the trade mark owner can work against him or her, allowing infringers to use his or her trade mark under the guise of lack of appropriate information. Generally, therefore, it ought to be the law that implied consent entails the trade mark owner actually facilitating the importation of such goods. Otherwise, as was ruled by the court in the Roche Products Limited against Kent Pharmaceuticals Limited case, silence is not to be used as an indication of consent.

Modification of Goods
Another issue of contention is what actually constitutes modification of goods. For in the Davidoff case, it was alleged by the plaintiffs that if indeed the court was not willing to bar the sale of their goods in the country, then they must be given the orders to block the sale under Section 7 of the act which allows trade mark owners to stop the distribution of such goods if they have a legitimate reason, such as product deformity or modification. With the products having been changed slightly, they wanted the court to allow them to stop their sale locally. However, the court held that obliteration of goods   which is what the defendants had done to the goods   did not constitute what is legally described as modification or impairment of goods. This ruling pointed out that there are loopholes in the clause that allowed trade mark owners to stop the distribution of the goods if they are modified.

First, there is no clear definition in statute law what exactly modification of goods is and what it is not. Changing the labels on the goods, for instance, can be used to deceive the consumers that they are actually different goods and this can make it hard for the trade mark owner to identify such goods. This can then give traders the right to go ahead and distribute those goods as they desire, under a different label but the same goods, without the intervention of the trade mark owner. Actually, if what the court ruled that changing the labels on the products does not constitute impairment or change on the products, then all third parties need to do in order to have the right to deal in trade mark-protected goods is to alter them slightly enough to be within what is acceptable as not constituting change or impairment and then going ahead and distributing the goods freely. In the same case, the defendant held that although the plaintiff had the right to stop the circulation of the goods earlier on by notifying customs of their impending importation into the country, the plaintiff did nothing, implying that he had consented to their importation back into the country.

In conclusion, the principle of exhaustion as contained in Section 12 of the Trade Mark Act has drastically limited the power that a trade mark owner has over the goods covered by the trade mark.

Over the years, the employment and service provision sectors have been engulfed in persistent unequal and discriminative practices on grounds of race, religion and belief, gender, sexual orientation and transgender status, disability and age. This has seen the U.K. enact a myriad of legislative regulations and laws to tackle inequality and discrimination over the last 30 years. These regulations and laws have been seen to be weak, desperate and sometimes even conflicting. The laws in equality and employment have become hard to implement. This is the reason why the House of Lords recently enacted the Equity Act, 2010 which seeks to harmonize and consolidate discrimination legislation. The aim of this paper is to analyze the current law and identify the aspects in which it needed reform and harmonization. It will do so by consulting high level scholarly material on the topic and important case studies to identify and elaborate weaknesses in the law and how they could be remedied. Case studies are particularly helpful as they will pinpoint loopholes in legislation and give a guide on how they could be amended. The reaction that the Equity Act 2010 has elicited will also be of great use to this paper in identifying the contentious issues in employment and equality that need to be addressed. The importance of this paper is drawn from the fact that there needs to be mechanisms for individuals to lodge complaints in the courts when they experience discrimination. These mechanisms should be straight forward and should not be clouded in controversy and uncertainty. This paper will therefore give recommendations on how this could be achieved after a comprehensive analysis of the status quo.

This paper will start by evaluating the current Act on equality focusing on employment issues. It will evaluate its effectiveness and shortcomings in addressing discrimination issues in the context of employment. Although the discussion is centered on employment, it is necessary to focus on other issues regarding equality in the spheres of education, welfare, tax immigration, housing, and health and labor market policy. As Linda Dickens notes, drawing boundaries around the workplace is problematic in understanding what happens in employment relations. This is the reason as to why the paper sheds light onto these seemingly irrelevant but important issues. After this evaluation, there will be an attempt to give recommendations on how the law on equality and employment can be amended to give an effective act that will offer permanent solutions to equality and discrimination problems.

ISSUES ADDRESSED IN THE REFORMS
The UK labor laws contain the employment equality law that prohibits prejudice in the workplace on grounds of gender, race, religionbelief, sexuality, disability and age. It contains different regulations in each of these fields that need reform and cohesion to give a comprehensive law combating discrimination in employment. This section will analyze in depth how each of these issues is addresses by the current law. Case studies will be used to elaborate how these laws operate.

GENDER DISCRIMINATION
Description of current law
The main piece of legislation in the UK that counters gender discrimination is the Sex Discrimination Act, 1975. It applies to all discrimination in the workplace in terms of job recruitment, training, promotion, work practices, dismissal or any other disadvantage such as sexual harassment. This law applies equally to both men and women. It holds liable an employer who discriminates against their employee on grounds of gender. If an employee commits the discrimination offence then their employer is held vicariously liable. This act breaks down the offences into direct offences and indirect offences. A direct offence is where the employer treats an employee of one gender less favorably than another of the opposite gender because of hisher marital status. For instance, a woman may be treated less favorably because she is pregnant or she has a pregnancy related illness. In such a case, while filling a suit, the employee would have to compare between how she was treated and how a man would have been treated to prove discrimination.

Indirect sex discrimination are policies and practices in the workplace that appear to apply equally to both sexes but in the real sense they disadvantage one gender considerably more than the other. For example, a requirement to work full time might be more of a bar for women than for men since women have more domestic commitments than men and hence they require more time out of the workplace. Another example is policy that attributes benefits to lengthened service without considering the time that a female employee has taken out to bring up her children. This is considered indirect sex discrimination.

Illustrative case study (Strathclyde Regional Council v Porcelli 1986 IRLR 134).
 In this case, Mrs. Porcelli is subjected to sexual harassment by two of her male colleagues who want her to leave Bella Houston Academy. Strathclyde Regional Council alleged that the treatment she received was not on grounds of her sex and therefore the men had not violated the Discrimination Act. On appealing, the Court of Session dismissed the decision by the Council stating that, if a form of unfavorable treatment is meted out to a woman to whom a man would not be vulnerable, she has been discriminated against within the meaning of S.1 (1) (a). This is an illustration of how the law is applied to curb sex discrimination.

Analysis of this legislation
The Sex Discrimination Act, 1975 needs reform to ensure proving a case in a court of law is not hard. The act makes it hard to prove sex discrimination as it is not straightforward in some areas. It requires that the case is presented before a Tribunal but the challenge arises from the fact that the Tribunal does not have to be certain that the employer behaved in a discriminative manner. The employee is supposed to establish facts to show discrimination on grounds of gender. After this the burden shifts to the employee to show that they did not discriminate against the employee. This is the tricky part since few employers are ready to admit liability and canny ones would take steps to legally show that they acted lawfully. The Tribunal would require concrete factual basis such as letters and documents to act upon. This combination of factors makes it hard for employees to successfully prove and win claims.

Another part of this Act that may derail it is the Tribunal claims and time limits. Employees are required to inform their employer in writing and the wait 28 days to give them time to respond. This gives room for the employer to maneuver their way in a bid to distort the claims and make them less likely to be heard by the Tribunal. The employer might use threats, dismissal and other tactics in this period to ensure prevent the claimant from advancing their case. Reforms are therefore needed to address these issues.

RACE RELATIONS
Description of current law
The legislation that covers race relations is the Race Relations Act 1976. It protects anyone who wholly or partly works in the UK against discrimination on the ground race in employment, education, transport and the provision of goods and services. It applies to all employees and workers (including job applicants), apprentices, contract and agency workers, office holders, the police, the self-employed and members of the armed forces irrespective of their length of service or the number of hours they work each week. It protects anyone who declined to carry out an order that heshe believes was in contrary to the Act. Direct discrimination is when an employer treats one person less favorably than someone else on racial grounds. Indirect discrimination is a practice that on the face of it seems neutral in relation to race but in the real sense it works to the disadvantage of one or more race groups. Harassment under this Act is when someone is treated in an intimidating, hostile, degrading, humiliating or offensive manner because of their race.

Case study Wethersfield Limited ta Van  Truck Rentals v Sargent 1999 IRLR 94 Court of Appeal
In this case, Mrs. Sargent was employed as a receptionist by Wethersfield Limited, a truck company. A senior employee working under orders from the companys director gave her guidelines as to how individuals and different classes of people should be assessed for risk. Regarding ethnic minority customers, she was told she had to be careful to identify colored and Asian callers by voice and tell them that there were no vehicles available. She was so upset by this company policy that she resigned and brought a case of discrimination against the company. The Employment tribunal upheld the complaint and awarded 5000 compensation.

Analysis of this legislation
This Act has a weakness in successfully executing race cases in that it assumes that in order for someone to be treated less favorably on racial grounds, the treatment must be related to their own race. The complainant in this case was of white descent and therefore if the Act was to be followed to the latter, she would not have a solid case since she was not an ethnic minority. Lord Justice Phill rejected the more natural meaning of the wording in the Race Relations Act and considers the claims justified and appropriate in his own discretion.

The needed reforms in this piece of legislation should ensure that there is explicit expression to imply that on racial grounds may refer to any reason or action based on race. An employee could therefore refuse to obey an unlawful discriminatory instruction based on this reasoning. The words on racial grounds should therefore be explained to cover a race of a third party and not merely the race of the applicant. The harmonization should cover the reasoning of this decision to ensure that it remains protective over employees who are able to show the Employment Tribunal that they gave been offended by racism as a result of instruction from the employer regardless of weather it affects them directly.

SEXUALITY
Description of current law
Discrimination in employment on the grounds of someones sexuality is kept in check by the Employment Equality (Sexual Orientation) Regulation 2003. This regulation protects individuals in employment, training, provision of goods and services in both public and private sectors. As from 2005, the 2005 Civil Partnership Act gave legal recognition to same sex couples hence employers have to ensure that staff in civil partnership receive same benefits as married couples These Regulations protect all workers who are discriminated against because of their real or perceived sexual orientations. They protect people who leave employment because they are discriminated against on ground of their sexuality. Such an employee would not be accused of breaching the employment contract. It covers direct and indirect discrimination in addition to harassment and victimization. Harassment is where someone is treated in an intimidating, hostile, degrading, humiliating or offensive manner that violates their dignity on grounds of sexual orientation. Victimization is where someone is treated less favorably because they intend to make allegations of discrimination on the grounds of sexual orientation, or because they have given or intend to give evidence under the Regulations.

Case study English v Thomas Sanderson Blinds Ltd
Mr. English works for Sanderson Blinds on agency basis. In the period that he worked for this company, he alleges that he had been subjected to endless homophobic banter simply because he had gone to a boarding school and lived in Brighton. According to him, this stereotypes him as a homosexual and it amounts to sexual harassment which is contrary to the Sexual orientation Regulations. The twist here is from the fact that his colleagues do not actually think he is a homosexual (and he is ware of this) but they are persistent in stereotyping him. The Tribunal decides that he cannot be deemed a victim of sexual harassment as he is not a homosexual himself nor is he perceived to be one. Mr. English appeals this decision to the Employment Act Tribunal on grounds that he should be accorded protection under regulation 5 since he faced discrimination on grounds that he has stereotypical characteristics associated with a gay person. The Tribunal rejected his appeal stating, The unwanted conduct was not on grounds of sexual orientation. The homophobic banter  unacceptable as it is, was a vehicle for teasing the Claimant . It was not based on his colleagues perception, incorrect or otherwise, that he was gay.

Analysis of this legislation
These Regulations as they currently stand cannot give people like Mr. English the protection they sought. It should be broadened to ensure that any negative conduct based on sexual orientation is deemed to be discrimination under this act. It should not be restricted to cases where the conduct arises from a perception that the victim is of a given sexual orientation. For example, if an employee is taunted by a colleague for displaying gay characteristics, heshe should be held liable of discrimination on grounds of sexual orientation whether he actually believes in what he says or not.

RELIGION BELIEF
Description of current law
The piece of regulation in the UK on Religion or Belief is the Employment Equality (Religion or Belief) Regulations 2003 which prohibit discrimination and harassment on grounds of religion or philosophical belief in employment, vocational training and the provision of goods, facilities and services. The Regulation extends cover to not only anyone who is a believer of an organized religion, but also one who holds any religious or philosophical belief such as paganism or humanism in addition to non believers. It protects people who are perceived as having certain beliefs while, in fact, they dont. The Regulations outlaw direct and indirect discrimination, harassment and victimization. Jokes and banter that someone might find offensive are covered meaning that harassment does not have to be intentional. Victimization is when someone is treated less favorably because they intend to make an allegation about discrimination on grounds of religion or belief, or because they have given or intend to give evidence under the Regulations. It does not matter if the allegations turn out to be true, providing the person made them in good faith.

Case study Chondol v Liverpool City Council
Naphtali Chondol is a committed Christian who is employed by Liverpool City Council as social worker. The Council prohibited social workers from promoting any religious beliefs in the course of work. The council dismisses him on grounds of gross misconduct following concerns that he is foisting his religious belief on people who used his service and that he breaks the councils working policy by taking a service user to his home without a prior risk assessment on the service user. He claimed unlawful discrimination contrary to the Employment Equality (Religion or Belief) Regulations 2003. The Tribunal dismisses the claims but it admits that he has been treated less favorably by the council not because he is a Christian, but because he foists his personal religious views on service users. He appeals arguing that the tribunal should have used a comparison with someone who is of an unrelated different belief and determine if they would be considered to be committing misconduct because of that belief.

Analysis of this legislation
This case demonstrates the need to incorporate pieces of law that ensure employees do not inconsiderately foist their strong religious beliefs on colleagues or people who us their service. Employers would therefore be able to take disciplinary action against such employees without such actions being considered as discrimination on grounds of religion. In such a case, the law would require that the tribunal make an informed distinction on the inappropriate promotion of religion or belief in the work place on one hand and on the other hand if this action is the employers true and sole reason for dismissal.

AGE ISSUES
Description of current law
To counter age discrimination in employment, the Employment Equality (Age) Regulations were introduces in 2006. They outlaw discrimination in employment, training and adult education on the grounds of age. This protection is extended to cover discrimination that is based on the perception of someones age regardless of whether their real age is known. According to this regulation there should be no consideration on someones age in employment unless that person is within six months of the normal retirement age. Workplace benefits, transfers and promotions should not be offered by consideration of employees age. This Regulation is however limited on an employee whose age lies within the working age brackets. Someone who has not attained the age of 18 yrs cannot therefore claim that they were discriminated against by not being offered employment. Similarly, someone above the retirement age, say 65 cannot lodge a similar complain.

Illustrative case study Ann Southcott v Treliske Hospital.
The hospital dismissed the complainant, a 66 year old lady from her work on 30th September, 2006. This was the last day before the Employment Equality (Age) Regulations, 2006 would become applicable. This implied that she would get 11 weeks pay in line with the existing regulation instead of 11 months pay that would come with come with the new Regulation. She lodged a complain challenging this decision. She had clear evidence in support of her claim since hospital had publicly declared that they were dismissing aged workers to implications of the oncoming age regulations. As a result of this complains, the hospital decides to reinstate her so she could continue with her employment.

Analysis of this legislation
This case study shows how the law should be applied to cover employees against age discrimination that might be displayed by practices such as forced resignation or being declared redundant in the course of employment. The regulation should however be reformed to attain clarity on issue concerning forced retirement beyond the age of 65. This is a controversial area as can be illustrated by the case of Heyday whose challenge against forced retirement at age 65 was unsuccessful. He claimed that this practice was inconsistent with EU Equal Treatment Framework Directive. The legislation should be amended to indicate that an employer has the duty to consider an employees decision to work beyond retirement age if they are fit and able.

DISABILITY
This area is covered by the Disability Discrimination Act 1995 which makes it unlawful to discriminate against workers on grounds of any disability that they may have. Here an employee would have to prove that they suffer from physical or mental problems that adversely affect their ability to carry out day to day activities. If these conditions can be treated or corrected it does not make the employee loose his or her protection against discrimination. Such conditions include most common illnesses, artificial limbs and progressive conditions such as HIVAIDS, cancer and multiple sclerosis.

Case study Coleman v Attridge Law and Steve Law
In this case, Ms. Coleman worked as a legal secretary in a firm of legal solicitors in London. During her employment period, she gave birth to a disabled child. The child required specialized care that could be best provided by the mother. As a result of this, she accepted voluntary redundancy which effectively brought an end to the contract of employment. She lodged a claim with the Employment Tribunal claiming that this treatment was less favorable than what it could have been with other employees because she was the sole caretaker of her disabled child. This treatment made her to stop working for the firm. To support this claims, she says that on return from her maternity leave, her employer refused to allow her to return to her previous job or to offer her any flexibility on working hours. In addition, her employer made insulting, abusive and degrading comments directed to her and her child.

Analysis of this legislation
This case raises the concept of discrimination by association. The lady was not disabled but she claims that she was discriminated against on grounds that she had a disabled son. The law prohibits this kind of discrimination but contention arises from the equal implementation. It could give way to unfair competition where some employers are subjected to its directives while some are not. Harmonization in this case should therefore be meant to ensure that its application creates a level playing field for all employers. This is an issue that has been raised in European Commission spheres as the judgment on weather to allow associated discrimination lies on the member states. The UK should enact the new Act in line with EU regulations as it is a member state.

THE DIRECTION THAT THE REFORMS SHOULD TAKE
From the above consideration of UK Law on Employment and Equality, the following recommendations can be made in regards to how reforms should be carried out.

Need for harmonization Anti-discrimination legislation should be put into a single framework and entrenched into the law through a single Act that would cover gender, age, disability, race, sexuality, religion and other forms of discrimination. This will make all these areas attain on equal footing and make the need to eradicate discrimination in employment a universally accepted endeavor. If each and every form of discrimination is to be addressed singularly, some forms of discrimination run the risk of taking a backseat relative to other forms. This would lower the overall effectiveness of the efforts put to address discrimination .

Prescriptiveness of legislation The current UK laws on Equality and Employment have taken a flexible approach relying on courts to interpret discrimination by considering how the complainants present their cases. As has been shown in the various court cases outlined above, the tribunals rulings are arbitrary to a great extent and are not limited to what the law explicitly expresses. Legislators should be careful on establishing how prescriptive the laws should be. This flexibility has advantage in that it allows the law to evolve over time with changing conditions. The disadvantage lies in the fact that it may create a state of confusion and contradictory rulings. The UK could rely on the EU directives on the matter

Justification test the law should be reformed so that the employer will have to show that their actions were proportionate means of achieving legitimate aims. Therefore, employers would be subjected to higher thresholds than at present. This will make it harder for employers to justify less favorable treatment that they may accord an employee. It should however ensure that innocent employers are protected by inserting a Knowledge requirement section. For example in regards to disability, an employer should have a valid defense if they shows that they did not know and could not reasonably have been expected to know that the employee had a disability

Indirect discrimination there needs to be introduced the notion of indirect discrimination. This would ensure that policies and practices in the workplace that appear to apply equally to different parties but in the real sense they disadvantage one party considerably more than the other are outlawed.

CONCLUSION
UK legislation need to consider the issues outlined so that various diverse issues can be effectively harmonized and ensure that cases of workplace discrimination are affectively addressed. From the argument presented in this paper, it is clear that the effectiveness of employment laws would be greatly enhanced by harmonization of the numerous pieces of legislation that are currently in use. There is also need to introduce new regulations that would cover areas that are not effectively addressed. While doing this, legislators should make an attempt towards enhancing the prescriptiveness of these regulations so that it is not subjected to manipulations by canny individuals. They should raise the bar for justification tests to ensure employees do not easily justify less favorable treatment that they may accord an employee. An Equality Act that captures these concerns will go a long way in securing equality in the UK employment sector.