Search results for 'International Organization of Securities Commissions'

Defendant car dealer appealed an
Order from the
Superior Court of Los Angeles County
(California) 
Which denied the dealer's petition to compel
Arbitration of plaintiff buyer's
Suit alleging violations of the Consumers
Legal Remedies Act
(CLRA) , Civ code, §§ 1750-1784
And other consumer protection laws

The arbitration provision allowed an
Appeal to a three-member
Panel of a monetary award
Exceeding $100, 000
Allowed appeal of an award
Of injunctive reliеf, required
Advance paymеnt of arbitral
Expenses on appeal
And exempted repossession from
Arbitration the buyer stated in his
Declaration that he was not given
An opportunity to read the
Contract and was not aware that
It had an arbitration
Provision on the reverse side the
ADA defense lawyer court concluded
That the arbitration provision was
Unconscionable under Civ code
§ 16705, and could not be
Cured by severance thus
It's enforcement was properly refused
Under Code Civ proc, §§ 1281
12812 the arbitration provision satisfied the
Two elements of procedural unconscionability
Oppression and surprise
Because the contract was one of adhesion
And the buyer was not given
An opportunity to read the
Provision it was also
Substantively unconscionable
Because multiple aspects of
The arbitration provision tilted it decidedly
In favor of the dealer and caused it to be
Permeated by unconscionability moreover
Injunctive relief from the
Arbitrator was inconsistent
With the CLRA some of
The offending clauses could not be
Cured by striking them

The court affirmed the order

Petitioner investors petitioned for a
Writ of mandate
Directing respondent trial court to set aside
It's order denying their motions to restore
Their lawsuit against real party in
Interest securities dealers
Alleging negligence
Breach of fiduciary duty
And conversion to the active
Civil trial calendar the California Court of
Appeal, Second Appellate District
Division Seven
Denied the petition the investors
Petitioned for review

The National Association of
Securities Dealers
(NASD) was a self-regulatory
Organization that
Licensed and regulated broker-dealers
In the national securities industry
Through it's wholly-owned subsidiary
NASD had adopted a code of
Arbitration procedure to govern
The arbitration of disputes between
It's members and their
Customers the Securities and
Exchange Commission
(SEC) had approved NASD's procedures
The court held that
Cal code Civ proc § 128185 (a)
Authorized the California Judicial Council
To adopt ethics
Standards for arbitrators appointed
By arbitration providers, but it
Also held also that the Securities Exchange
Act of 1934 preempted § 128185
(a) and the California Ethics
Standards for Neutral Arbitrators
In Contractual Arbitration
(California Standards) for arbitrations
Administered by the subsidiary in
Determining that the
NASD Code should preempt
The California Standards, the
SEC acted within it's authority
And it's determination was neither arbitrary
Nor unreasonable a delay in
Arbitrator selection and appointment
Resulting from uncertainty regarding
The applicability of the
California Standards
Did not relieve the investors of
Their duty to arbitrate

The appellate court's judgment was affirmed

The HipHop Declaration of Peace was
Presented to the United
Nations Organization on May 16th
2001 it was signatured
By various organizations such as:
Temple Of Hip Hop, ribbons
International, UNESCO and also by
300 Hip-Hop activists
Pioneers and UN delegates

In the first place this document recognises
Hip-Hop as an international culture
Of peace and prosperity it is also a set of
Principles which advise all Hip-Hoppers on
How to sustain the peaceful
Character of Hip Hop Kulture and
To form worldwide peace

Additionally this declaration is
Meant to show
Hip-Hop as a positive phenomenon
Which has nothing in common with
The negative image of Hip
Hop as something that corrupts young
People and encourages them to
Break the law kRS One, Pop
Master Fabel, Afrika Bambaataa
Ralph Mc Daniels and HarryAllen were
Some of the people who had their share in
Creating the declaration

The HipHop Declaration Of Peace

This Hiphop Declaration of
Peace guides Hiphop
Kulture toward freedom from violence
And establishes advice and protection for
The existence and development
Of the international Hiphop community
Through the principles
Of this Hiphop Declaration of Peace we
Hiphop kulture, establish a foundation
Of Health, Love
Awareness, Wealth, peace and
Prosperity for ourselves
Our children and their children's children
Forever

For the clarification of Hiphop's
Meaning and purpose, or
When the intention of Hiphop is questioned
Or when disputes between parties
Arise concerning Hiphop Hiphoppas shall have
Access to the advice of
This document, The Hiphop Declaration
Of Peace, as guidance, advice and protection
First Overstanding hiphop is the name of our
Collective consciousness it is commonly
Expressed through Breakin, Emceein, Graf
Deejayin, Beatboxin, Street Fashion, street
Language, Street Knowledge and
Street Entrepreneurialism
Or Street Trade wherever and
Whenever the elements, and expressions
Of Hiphop Kulture manifest
This Hiphop Declaration of Peace shall
Advise it's use and interpretation

Second Overstanding
Hiphop Kulture respects the dignity
And sanctity of life
Without discrimination or prejudice
We shall consider our duty to
Protect the development of life
Over and before our individual
Free choice to destroy
It or seek to alter it's natural development

Third Overstanding
Hiphop Kulture respects the laws
And agreements of
It's kulture, it's country
It's institutions
And those it does business with hiphop
Does not irresponsibly break laws

Fourth Overstanding
Hiphop Kulture encourages womanhood
Manhood, sisterhood
Brotherhood and family we are also
Conscious not to bring any
Disrespect to the dignity and
Reputation of our ancestors

Fifth Overstanding
The right to define and educate ourselves
Shall be encouraged, developed, preserved
Protected and promoted as a means
Toward peace and prosperity

Sixth Overstanding
Hiphop honors no relationship, person
Event, act, or otherwise, wherein
The preservation and further development
Of Hiphop's kulture
Principles and elements are
Not considered nor
Respected hiphop Kulture does not
Participate in activities that
Clearly destroy
It's ability to productively exist

Seventh Overstanding
The elements of Hiphop Kulture may
Be traded for money
Honor, power, respect, food and
Other resources however
Hiphop's Kulture is never for sale
- nor can it be bought it is the priceless
Principle of our self-empowerment

Eighth Overstanding
Companies, corporations, non and
Not-for-profit organizations
As well as individuals
And groups that are clearly
Benefiting from the use, interpretation and
Or exploitation of Hiphop
And the expressions and
Terminologies of Hiphop
Shall be encouraged to commission and
Or employ a certified Hiphop
Specialist to answer
Sensitive kultural questions, and
Guide businesses
Cities and countries through the
Principles and proper
Presentations of Hiphop Kulture to the world

Ninth Overstanding every third week in May
Hiphoppas shall be encouraged
To remember it's ancestors and
Appreciate the elements
Principles and history of Hiphop
Tenth Overstanding
Hiphop is the name of our collective
Consciousness as a conscious way
Of life we recognize our influence
On society, especially on children
And we shall forever keep the rights
And welfare of both in mind

Eleventh Overstanding
Within the collective Hiphop consciousness
There are no
Competing races, tribes, countries
Religions, occupations, kultures
Nor languages all are one in consciousness
Hiphop Kulture is one
Multi-skilled, multi-cultural
Multi racial people

Twelfth Overstanding hiphop Kulture does not
Intentionally participate in
Any form of hate, deceit
Or theft at any time at no time shall
Hiphop engage in any violent
War within it'self

Thirteenth Overstanding
Hiphop Kulture rejects the immature
Impulse for unwarranted
Acts of violence, and
Always seeks diplomatic, non-violent
Strategies first in the settlement
Of all disputes
Revolution is preserved as a final solution
When all other means of diplomatic
Negotiation has failed repeatedly

Fourteenth Overstanding
Hiphoppas respect nature wherever we
Are on this planet as well as on others

Fifteenth Overstanding
Hiphop holds sacred our duty
To contribute to our
Survival and salvation as a human race
On planet Earth native American
Kulture teaches us
To respect Mother Earth as our mother

Sixteenth Overstanding no one should be a
Self-proclaimed Hiphop pioneer or
"legend" unless they can prove with facts and
Or witnesses to their credibility and
Contributions to Hiphop Kulture

Seventeenth Overstanding
Hiphop is shown the highest respect
When Hiphoppas respect each other
Hiphop Kulture is preserved, nurtured and
Developed when Hiphoppas preserve
Nurture and develop one another

Eighteenth Overstanding
For the purpose of promoting
Interpreting and defending the
Principles of the
Hiphop Declaration of Peace Hiphop Kulture
Shall maintain a healthy, caring, fully
Aware, and wealthy central
Hiphop committee such
Committee shall be made up
Of seven dedicated Hiphoppas invested with
The power to promote
Interpret and defend the principles of
The Hiphop Declaration of Peace
Leave Your Signature

By signaturing this document we
Declare our support
And membership to the one and only
Real Hip Hop Kulture which is based on
Rules and values presented in the
Aforementioned declaration we also
Reject the wrong
Image of Hip-Hop Kulture which
Is often linked with violence and aggression
Or is a falsely created stereotype
Spread by mass media and commercial
Pseudo-Hip Hop icons of pop-culture

This document presents the intentions of
Hip Hop Kulture when the
Good name of Hip Hop
Kulture will be threatened
By negative actions of people who
Identify themselves with Hip-Hop
But do not obey the
Principles of this declaration, the document
(including a list of collected
Signatures) shall be sent
To the government institutions and mass media

You can be sure that the personal data
You provide to us will be
Safe and it won't be used in
Marketing purposes or publically revealed

Warning: Remember that only signatures
Including your name, surname
Country and city are the ones that
Formally count and only these
Can be considered in the preparation
Of a signatures list

Engage in responsible disclosure: We promote responsible disclosure when uncovering vulnerabilities. We believe in working with developers, organizations, and authorities to address security weaknesses, ensuring that fixes are implemented swiftly and transparently.

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