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| | Minnesota Statutes 2005, 518.17 |
 | | The court shall use a rebuttable presumption that upon request of either or both parties, joint legal custody is in the best interests of the child. | | | However, the court shall use a rebuttable presumption that joint legal or physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents. | | | The court shall consider evidence of a violation of section 609.507 in determining the best interests of the child. |
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http://www.revisor.leg.state.mn.us/stats/518/17.html
(907 words)
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| | CRIN: Resources |
| | Case law indicates that the best interests of the child do play a primary role in determining custody in divorce, but a secondary role, if any, in most cases of immigration and refugee determination. | | | Legislatively, "best interests" has a long history in Canada, appearing in federal legislation pertaining specifically to divorce and immigration, and provincially in child welfare and protection policy. | | | There appears to be an intransigence on the part of the government to acknowledge or act upon the fact that the children of parents ordered deported have an interest in the case. |
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http://www.crin.org/resources/infoDetail.asp?ID=558&flag=report
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| | Compelled Medical Procedures Involving Minors and Incompetents and Misapplication of the Substituted Judgment Doctrine, ... |
| | The basic problem courts have with the application of the substituted judgment doctrine in cases involving minors and the mentally incompetent is that is is frequently confused with the best interests standard. | | | In an effort to allow procedures to be performed which courts view as beneficial to society rather than to the incompetent individual, judges have become uncomfortable with the best interest standard which is paternalistic in nature and benefits the incompetent. | | | Therefore courts have incorrectly applied the substituted judgment doctrine to cases involving minors and incompetents by combining this doctrine with a best interests beneficence analysis. |
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http://www.cirp.org/library/legal/lebit/5.html
(948 words)
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| | ABA Talking Points: Protecting Children: How Law Protects Children |
| | “Best interests of the child&; embodies an aspiration against which legal policy and legal actions must be measured. | | | The term “best interests of the child&; dates from that era and has over a century of use in American courts. | | | When considering how laws and courts might be improved, the best interest standard forms the basis for evaluating laws and how they work in practice. |
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http://www.abanet.org/publiced/lawday/talking/children_protect.html
(690 words)
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| | The Best Interest of the Child |
| | Thus, regardless of the circumstances that lead the child's custody to be at issue, her best interests must be the central concern of the state. | | | The case is currently pending in the United States Supreme Court. | | | Eventually, the court denied the adoption and gave custody to the birth parents, without regard to the best interests of the child. |
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http://www.scu.edu/ethics/publications/iie/v11n1/custody.html
(2692 words)
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| | Human Rights and Equal Opportunity Commission Website: Asylum Seekers |
| | In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. | | | In particular cases best interests may be the paramount consideration. | | | Parents or, as the case may be, legal guardians, have the primary responsibility for the upbringing and development of the child. |
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http://www.hreoc.gov.au/human_rights/briefs/brief_1.html
(1956 words)
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| | April 12, 2004 (In The Best Interests Of The Children) - www.ezboard.com |
| | The “best interest test,” even if not always fairly or accurately applied, promises that the child’s interests and issues are put before the needs or desires of others competing for the right to “parent” or raise the child. | | | Finally, family or juvenile courts might be responsible for naming custodial guardians or financial conservators when the children’s parents are deceased or cannot actively parent due to their own incarceration, illness or other incapacitating circumstances. | | | The “best interests of the child” test really can work within the judicial system. |
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http://p078.ezboard.com/fourchildrenleftbehindfrm17.showMessage?topicID=268.topic
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| | Permanency Planning: Best Interests of the Child |
| | Whenever a court must make a determination as to the custody and/or placement of a child, or must decide on a petition for termination of parental rights, the court must weigh whether that decision will be in the best interests of the child. | | | All States and Territories require that the child’s best interests be considered whenever such decisions regarding a child’s placement are made. | | | Many States include language in their statutes that specify in some detail factors that must be included when making best interests of the child determinations. |
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http://nccanch.acf.hhs.gov/general/legal/statutes/best_interest.cfm
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| | Medical Humanities |
| | Second, judges use the "best interests of the child" test in trying to settle custody disputes in divorce. | | | In each of these cases, appeals are made to children's best interests to justify a course of action, yet they are used differently. | | | In a custody battle during a divorce, parental authority is not overruled. |
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http://www.ecu.edu/medhum/newsletter/spring1999_p1.htm
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| | Child Custody in Cases Involving Domestic Violence: Is It Really in the "Best Interests" of Children to Have ... |
| | In order to effectuate these policies, the court shall determine the custody arrangement which will best assure both parents participate in such decisions and have frequent, continuing and meaningful contact with their children so long as it is in the best interests of the child. | | | Two other states authorize the courts to consider the existence of domestic violence as a factor in determining what is in the best interest of the child, but do not require the courts to do so. | | | Such limits are compatible with the proposed enactment of a statutory presumption that, in child custody cases involving domestic violence, the best interest of children are not served to have extended or unsupervised contact with the abuser. |
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http://www.mobar.org/journal/2001/novdec/brown.htm
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| | Contents of I. CURRENT ADOPTION LAWS AND STANDARDS |
| | Such critics argue that social engineering is inherent in this standard and allege that courts using this determination tend to award custody to adoptive parents because they are usually in a higher social class than the birth parents and can provide more to the child in terms of material goods. | | | In contested adoption cases, recognition of children as individuals deserving of constitutional protection would alleviate the problems of inconsistent adoption laws among the states and property-like analyses in custody determinations. | | | The danger with using the biological-parental fitness standard is that courts do not take into consideration the serious harm that will result from removing a child from the custody of a person with whom she has an “attachment.” |
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http://www.law.upenn.edu/conlaw/issues/vol2/num1/labarge/node3_ct.html
(954 words)
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| | Convention on the Rights of the Child |
| | The Convention on the Rights of the Child states in article 3 that the best interests of the child shall be a primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies. | | | Such an approach prevails in all cases -- from direct interventions by States in their jurisdictions to the private context of family life, where States may intervene indirectly -- through local authorities, for example -- to ensure and protect children's rights. | | | 'Best interests of the child' means that legislative bodies must consider whether laws being adopted or amended will benefit children in the best possible way. |
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http://www.unicef.org/crc/bg005.htm
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| | Childs Best Interest Are What Matter |
| | However, it is important to keep in mind that in custody cases, it is the child's best interests that matter, not the parents. | | | Whether daycare should be a factor in deciding what is in a child's best interests is the question the Michigan appellate courts must now decide. | | | The matter of daycare is not a listed factor to be considered in New Mexico, and I am not aware that it is a "legal" factor in any other State, including Michigan. |
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http://www.alllaw.com/articles/family/child_custody/article17.asp
(708 words)
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| | best interests (of the child) - legal definition |
| | Factors considered by the court in deciding the best interests of a child include: | | | And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. | | | best interests (of the child) - legal definition |
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http://nolo.com/definition.cfm/Term/2AC7A5A3-29CC-44C8-ACCBC7DCB1F09395/alpha/B
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| | law.com - California's Family Courts May Minimize Biological Ties |
| | Chin, in an extraordinary 72-page dissent, scolded the slim majority for adopting a "best interests" test for parentage disputes, a rule he argued the court rejected only 10 years ago. | | | In doing so, the court made clear that family court judges may consider "every relevant consideration of policy and logic" in determining parentage, while at least one dissenter argued that the ruling threatens the rights of biological fathers. | | | Over a lengthy and heated dissent by Justice Ming Chin, the California Supreme Court on Monday ruled that the best interests of a child could prevail over a father's biological ties in determining parenthood. |
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http://www.law.com/jsp/article.jsp?id=1078196797250
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| | Bills to weigh best interests of children before granting divorce |
| | Montana bill requiring mutual consent for no-fault divorce based on separation, and having court consider the best interest of the children before granting a contested divorce based on fault or marital discord | | | Washington State Bill to Consider Interests of Child Before Granting Divorce | | | Part of the Divorce Reform Page, sponsored by Americans for Divorce Reform |
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http://www.divorcereform.org/bic.html
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| | Amnesty International: International Children's Day 1998 |
| | A range of alternatives to judicial proceedings and institutional care should be made available to ensure the child’s best interests are safeguarded. | | | Sentencing children to life imprisonment without the possibility of release — a denial of all possibility of rehabilitation and reintegration — is also explicitly prohibited by international law. | | | The “best interests of the child” must be the guiding principle behind all procedures and justice systems affecting children. |
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http://www.amnesty.org/ailib/intcam/juvenile/feature.htm
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| | USA: In whose best interests? |
| | Article 3 of this treaty states: ''In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration''. | | | A total of 191 countries - all but the USA and the collapsed state of Somalia - have ratified the Convention on the Rights of the Child. | | | He told the suspect that he was facing the death penalty or life in prison and that it would be in his ''best interest'' to tell the truth. |
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http://www.amnestyusa.org/regions/americas/document.do?id=2FDC062035D1885480256BA5005ABE22
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| | Contents of VII. ENSURING PROTECTION OF A CHILD’S CONSTITUTIONAL RIGHTS AND WELFARE |
| | In addition, the child should be appointed her own attorney to protect her interests. | | | However, this problem can be prevented by giving custody cases priority in the court system and awarding them an expedited hearing. | | | In addition to recognizing a child& constitutional right to a hearing on her best interests when her adoption is being contested, adoption laws need to be clarified and changed to ensure that the child& best interests are being considered. |
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http://www.law.upenn.edu/conlaw/issues/vol2/num1/labarge/node8_ct.html
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| | GALs and the Best Interests of the Child |
| | Guardians ad litem exist to present the child& best interest to the court. | | | The GAL must use this information to make a recommendation to the court regarding the child& best interests. | | | Working closely with GALs, who have real power in court, and ensuring that they are a fully-informed part of the best interest team serving your foster child may help you feel more empowered and less frustrated with the legal process and the child welfare system. |
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http://ssw.unc.edu/fcrp/fp/fp_vol7no1/GAL.htm
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| | What Is in the Child's Best Interests? - Jehovah's Witnesses Official Web Site |
| | When the parents cannot agree on a custody arrangement, the legal system in most lands will provide means to try to ensure that the children& best interests are protected. | | | Once the parents come to an agreement and put it in writing, the judge can sign an order that contains their wishes. | | | When faced with child-custody litigation, parents who are Jehovah’s Witnesses must also consider what is in the best interests of the children& spirituality. |
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http://www.watchtower.org/library/g/1997/12/8/article_01.htm
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| | American Civil Liberties Union : In the Child's Best Interests: Defending Fair and Sensible Adoption Policies |
| | Because nobody has the right to adopt, our opposition to anti-gay adoption bills is not based on "gay rights" and we should not frame our arguments that way. | | | Instead, adoptive parents are chosen based on their documented ability to be good parents. | | | The issue of adoption is best decided by parents and professionals on a case-by-case basis, not by politicians or the government. |
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http://www.aclu.org/LesbianGayRights/LesbianGayRights.cfm?ID=9185&c=104
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| | A Parent's thoughts on Grandparent's Visitation, Judges and Best Interests of the Child. |
| | Should grandparent visitation be awarded as a "life" sentence with no reviews as to "best interest of a child?" Should courts not review and interview all parties involved at random times? | | | Schools calling parents asking them to please stop grandparents calling and harassing them, threatening court action if the schools don't release information to them on demand and nothing to justify this. | | | Courts are allowing such action claiming "best interest of the child." This raises some pretty interesting topic, and legal issues. |
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http://www.parentsrights.org/essays/sdressler.html
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| | What's in the Village's best interests |
| | The "best" argument that the attorney for the proposed developer could give to support the variance and the project was "it's better than the original plan for 198 units". | | | I have confidence that our Village officials will apply the law when making their decision and not be influenced by the threats of a desperate developer or the fear of potential litigation by this desperate developer. | | | Sullivan provided the Planning Board with more than enough material to help the Planning Board understand the legal arguments to confidently deny this application which is not in the best interests of the Village. |
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http://members.aol.com/preserveso/letter54.html
(435 words)
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| | SSRN-The Determination of the Best Interests in Relation to Childhood Immunisation by Angus Dawson |
| | The first issue is how best interests are to be determined in this case. | | | I argue that best interests must be characterised objectively in such situations and that this means that, in at least some cases, parental decision-making about vaccinating their children may be overridden. | | | The second issue is what follows from this to justify potential interventions within the family in relation to such vaccinations. |
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http://papers.ssrn.com/sol3/papers.cfm?abstract_id=649093
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| | Adoption Story |
| | It is their position that the Act fails to adequately protect the rights of children, and focuses instead on expediting the permanent separation of infants from their birth parents in the absence of adequate counseling, exploration of alternatives, and procedural safeguards. | | | "The Uniform Adoption Act that NCCUSL has drafted is not in the best interests of children," says Annette Baran, MSW., author of The Adoption Triangle. | | | But we mustn't let our desperation to make such horrific situations go away lead us to blindly embrace what the National Conference of Commissioners for Uniform State Laws is proposing as "reform". |
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http://www.adopting.org/uniform.html
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| | Linux PR: Microsoft Acts Against Foreign Country's Best Interests, Yet Again. |
| | "In simple terms, Linux and open source software are the best means by which countries like China can avoid sending billions of dollars overseas to pay for software licences. | | | It's the best way for the average Chinese citizen to afford high-quality software, legally. | | | Your best option is Linux and open source software. |
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http://linuxpr.com/releases/8105.html
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| | ESPN.com - MLB - Report: Selig may institute new testing plan |
| | In the lawyer's estimation, the provision does not give Selig the authority to dismiss the labor agreement; rather, he only can challenge issues that are subject to the grievance procedure. | | | However, that same lawyer told The Times that Selig essentially would be overstepping his bounds if he uses the "best interests" provision to push the matter. | | | Unless significant progress is made in negotiations between the owners and the Players Association, Selig may act within the next 10 days, the source said. |
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http://sports.espn.go.com/mlb/news/story?id=1761449
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| | Voices of Youth - Week 4: Best interests of the child |
| | Talking generally, one may make a mistake of the message that one wishes to pass across, so it is better to make case by citing examples. | | | The UNCRC key principle of Best interest of the Child explains that laws and actions affecting children should put your best interests first and benefit you in the best possible way. | | | in the same way, a stranger from outside the home could be the best thing for a child. |
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http://www.unicef.org/voy/discussions/showthread.php?mode=hybrid&t=483
(2269 words)
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| | AAOS On-Line Service December 2000 Bulletin In whose best interests? |
| | Problems typically only arise if the rent is above the market rate. | | | Consider the term "conflict of interest" within the context of a medical practice. | | | It is not impossible for someone with fiduciary responsibilities to take advantage of his or her position this way without even realizing that he or she is violating a trust. |
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http://www.aaos.org/wordhtml/bulletin/dec00/self.htm
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| | Best interests |
| | I fully agree with you that a non-native instructor is just as capable of being an excellent or poor educator as a native, and Mike does not dispute that fact either. | | | One of my best instructors was Austrian, so I will be the first to attack anyone who judges an individual on the basis of their nationality. | | | Send an Opinion Letter to the Editor about this article. |
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http://www.collegian.psu.edu/archive/1994/03/03-25-94tdc/03-25-94dops-letter-3.asp
(276 words)
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| | AlterNet: Let Them Eat War |
| | Please show your support with a tax-deductible donation. | | | As has recently become clear, information that would be of great interest to the Nascar Dad has been withheld. | | | George Bush doesn't represent the economic interests of working-class people. |
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http://www.alternet.org/story.html?StoryID=16885
(3569 words)
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| | [No title] |
| | So, there are two ways a home builder can treat a one-year warranty. | | | While best-interests is a business practice that makes sense when dealing with any customer, it requires a level of personal care and attention, as opposed to a standardized, one-size-fits-all program, that is often impractical to apply to levels much below that of an MVC. | | | For example, phone companies and banks should review the accounts of their most valuable customers ("MVCs") and recommend the best plan for each customer. |
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http://www.oc-j.com/issue6/peppers2.htm
(547 words)
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| | Best Interests |
| | During this delineated separation process, the status quo regarding the children’s living arrangements could be maintained, however this should not be taken as a legal precedent or as an indication of the long term wishes of each parent or the best interests of the child. | | | Early in 2003, four family law experts - experts by dint of the fact that each has been working within the family law system for many years - brainstormed ideas for integrated reform. | | | I offer their thoughts and my own in the interests of a decent and civilized society which strives to truly act in the best interests of our children. |
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http://www.fathers.ca/best_interests.htm
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| | The Best Interests Of the Child |
| | Perhaps it wasn't even a dispute; it was just a decision that had to be made, and all parties were trying to act in a sane and loving way. | | | You have perhaps been involved in a custody dispute, or known someone who has. | | | Of course, they all say they are acting selflessly. |
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http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2000/01/12/DD83789.DTL&type=printable
(583 words)
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| | Broyles has Razorbacks' best interests at heart |
| | He's paid to make the absolute best deals he can for his institution. | | | However, whether you agree with him or not, he still has the same agenda: Do what is best for Razorbacks athletics. | | | This may be the first time Broyles has ever ventured into a skirmish without Stephens in his corner. |
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http://www.ardemgaz.com/prev/UAstadium/c0wally3.html
(694 words)
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| | Outsourcing, Strategic Sourcing, eCommerce & Procurement Best Practices |
| | The Sourcing Interests Group does not sell, rent, or otherwise make its member or site visitor information available to any third parties. | | | The Sourcing Interests Group is comprised of over 120 leading corporations that are focusing on bottom line performance, quality and customer service through strategic sourcing, out sourcing, alliances and shared services, or are prominent service providers, suppliers, vendors and advisory firms / consultants. | | | The Sourcing Interests Group assists in learning best practices in strategic outsourcing, strategic sourcing, alliances, e-commerce / ebusiness, shared services, eprocurement, procurement and purchasing. |
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http://www.sourcinginterests.org
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| | A healthy national forest is in Bozeman's best interests |
| | For instance, earlier this year the American Cities Business Journal ranked Bozeman as the best small-business market in the United States. | | | According to the Forest Service, 87 percent of the Gallatin's users park at the trailhead while the remaining 13 percent take their vehicles on to trails. | | | The travel plan, which is undergoing review right now, is a useful tool for accomplishing this because it determines how all of us will be able to travel and recreate in the forest for the next 20 years -- from backwoods hiking trails to paved roads. |
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http://bozemandailychronicle.com/articles/2005/03/26/opinions/02travel.txt
(739 words)
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| | Elian--- The Best Interests of the Child |
| | The mother was fleeing to America with her boyfriend, presumably without the knowledge or permission of the father, with whom Elian had had a close relationship. | | | Victor Bloom MD The best interests of the the child were served when Elain was returned to his father. | | | It is well known that when a child suffers such a great loss as the death of his mother, he is best comforted and reassured by the surviving parent, especially if he had been closely involved. |
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http://www.suite101.com/article.cfm/psychoanalyzing_pop_culture/38617
(561 words)
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| | Best interests of child must be paramount |
| | The principles we must apply, however, are really quite simple: Prevent child abuse where we can. | | | When we cannot prevent it, we must intervene quickly and always act in the best interests of the child. | | | What I have said is that CPS caseworkers, using their training, experience and common sense to make decisions in the best interests of the children, will have my support. |
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http://www.azcentral.com/specials/special46/articles/0406napolitano0406.html
(770 words)
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| | A True Word - America Defends It's Best Self-Interests |
| | You can argue that America’s foreign policy must be the way it is in order for it to remain atop a difficult world of many aspiring powers, but you cannot argue that it is righteous. | | | Of course, I would love it if America was in fact bound by a mission to spread democracy and justice, even if against its materialistic interests. | | | An adamant, stone-faced Madeline snapped a sharp and unremorseful “yes!” She continued to explain that she thought it was worth it, since it was in the benefit of the American people – clearly and painfully endorsing my argument that America only acts in its self interest. |
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http://www.atrueword.com/index.php/article/articleview/46/1/7
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