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Articles 1 - 23 of 23
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Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Stipulations In A Muslim Marriage Contract With Special Reference To Talq Al-Tafwid Provisions In Paksitan, Muhammad Munir Dr.
Dr. Muhammad Munir
This work elaborates the over-technical topic of stipulations in a Muslim marriage contract; explains the various types of stipulations benefiting women and men; explains how and to what extent classical Islamic law is incorporated into statutes of many Muslim states; describes case law of Indo-Pak subcontinent on stipulations based on the doctrine of stare decisis; surveys talaq al-tafwid in Pakistan to ascertain the extent of its practical application by the masses; and explore the role of nikah registrars, who are authorized by the government of Pakistan to solemnize nikah (marriage contract) throughout the country.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
The Judicial System Of The East India Company: Precursor To The Present Pakistani Legal System, Muhammad Munir Dr.
Dr. Muhammad Munir
The work discusses how the British East India Company came to the subcontinent for the purpose of trade in 1604 and how it slowly and gradually started interfering in the local justice system by acquiring revenue collection of 38 villages in 1717 near Calcutta. In 1765 the Company was granted revenue collection as well as customs of three provinces. The Company also acquired the administration of justice in the areas under its control and the role of Muslim qadis and judges was over. Company’s officials, who were traders rather than trained judges, were running the court system and the Privy …
Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu
Assessing The Readiness And Training Needs Of Non-Urban Physicians In Public Health Emergency And Response, Chiehwen Ed Hsu
Chiehwen Ed Hsu
No abstract provided.
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
A Constitutional Oddity Of Almost Byzantine Complexity: Analyzing The Efficiency Of The Political Function Doctrine, Gregory Scopino
Gregory A Scopino
No abstract provided.
Foreign Law And The U.S. Constitution, Kenneth Anderson
Foreign Law And The U.S. Constitution, Kenneth Anderson
Kenneth Anderson
Tyranny Of The Majority, Richard E. Day
Tyranny Of The Majority, Richard E. Day
Richard E. Day
The Kentucky Supreme Court decision upholding a temporary injunction preventing Dana Seum Stephenson from serving as a state senator was welcome relief. I was beginning to wonder whether the Senate majority was simply going to be allowed to disregard the law, outvote the minority and bend the rules to fit their fancy. One thing is certain: With a super majority hanging in the balance, a lame court would have produced even more disregarding, outvoting and bending in the Senate.
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
The Crime Drop And Racial Profiling: Toward An Empirical Jurisprudence Of Search And Seizure, Lawrence Rosenthal
Lawrence Rosenthal
No abstract provided.
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Book Review Essay: Canada's Constitutional Cul De Sac, Richard Kay
Richard Kay
Book reivew of 'Constitutional Odyssey: Can Canadians Become a Sovereign People?', by Peter H. Russell (Toronto, University of Toronto Press, 2004).
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
In Incognito: The Principle Of Double Effect In American Constitutional Law, Edward Lyons
Edward C. Lyons
In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as …
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Knowledge And Power In The Mechanical Firm: Planning For Profit In Austrian Perspective, Richard Adelstein
Richard Adelstein
A theory of central planning employing Austrian themes and applied to private firms and Taylorism.
The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino
The Non-Political Branch (Reviewing Lee Epstein & Jeffrey A. Segal, Advice And Consent: The Politics Of Judicial Appointments (2005)), Michael R. Dimino
Michael R Dimino
Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda
Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Illusions Of Liberty And Equality: An "Alien's" View Of Tiered Scrutiny, Ad Hoc Balancing, Governmental Power, And Judicial Imperialism, Michael Scaperlanda
Illusions Of Liberty And Equality: An "Alien's" View Of Tiered Scrutiny, Ad Hoc Balancing, Governmental Power, And Judicial Imperialism, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael Scaperlanda
Human Trafficking In The Heartland: Greed, Visa Fraud, And The Saga Of 53 Indian Nationals "Enslaved" By A Tulsa Company, Michael Scaperlanda
Michael A. Scaperlanda
No abstract provided.
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
Subsidiarity, Federalism, And Federal Prosecution Of Street Crime, John F. Stinneford
John F. Stinneford
No abstract provided.
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
How The Confrontation Clause Defeated The Rape Shield Statute: Acquaintance Rape, The Consent Defense And The Nj Supreme Court's Ruling In State V. Garron, James B. Johnston
James B Johnston
Rape shield statutes are designed to limit a judge's discretion in allowing information about a rape victim's sexual past into evidence at trial. This is done to prevent dual victimization of the rape victim. First during the rape and then at trial. Despite rape shield protections the NJ Supreme Court ruled in State v. Garron that a victim's prior flirtations with the attacker, some of which occurred 6 years before the rape was admissible. The court overturned the attacker's guilty verdict and he went free. Advocates for rape victims rights were outraged. This article provides an analysis and critique of …
Protecting The Right To Effective Assistance Of Capital Postconviction Counsel: The Scope Of The Constitutional Obligation To Monitor Counsel Performance, Celestine Richards Mcconville
Protecting The Right To Effective Assistance Of Capital Postconviction Counsel: The Scope Of The Constitutional Obligation To Monitor Counsel Performance, Celestine Richards Mcconville
Celestine Richards McConville
This article is an outgrowth of an idea developed by the author in a prior article, The Right to Effective Assistance of Capital Postconviction Counsel: Constitutional Implications of Statutory Grants of Capital Counsel, 2003 Wisconsin Law Review 31. The prior article argued that the government's decision to provide capital postconviction counsel triggers a due process-based obligation to make the right to counsel meaningful, which essentially means that the right to counsel must include the right to effective assistance of counsel. In the postconviction context, the effectiveness guarantee requires that the government must monitor counsel's performance to ensure, to the extent …
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Vineet Narain V Union Of India: A Court Of Law And Not Justice: Is The Indian Supreme Court Bound By The Indian Constitution, Shubhankar Dam
Shubhankar Dam
The last twenty five years are an “impressive” chronicle of the Indian Supreme Court in action. Its novel functioning has changed the internal dynamics of Indian polity in a manner unknown to constitutional democracies. From an institution entrusted with the task of adjudicating disputes between parties, the Indian Supreme Court has transformed itself into an institution enjoined to promote the ideals of a socio-economic and political justice. Its prior role as an “adjudicator” has undergone a reappraisal. The judges therein are no more adjudicators but activists, energetically contributing to the accomplishment of India's constitutional vision. In this new creation, they …
Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam
Lawmaking Beyond Lawmakers: The Little Right And The Great Wrong, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Desafios Da Constituição Europeia À Teoria Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The project of the “Treaty that establishes a Constitution for the Europe”, beyond its political consequences, puts some challenges to the classical constitutional theory. At first sight, it seems completely heterodox towards canon constitutional tendencies, and first of all in what concerns the constituent power classical theories. However, a more rigorous analysis of the history of the modern constitutionalism and its founding texts, mainly French, can lead us to detect very revealing bridges between the liberal modern constitutionalism of the XVIIIth century and the present constitution making of a codified European Constitution. The “treaty” formula that was adopted also represents …
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Nothing New Under The Sun? A Technologically Rational Doctrine Of Fourth Amendment Search, Stephen E. Henderson
Stephen E Henderson
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Yet as interpreted by the United States Supreme Court, the Amendment places no restriction on police combing through financial records; telephone, e-mail and website transactional records; or garbage left for collection. Indeed there is no protection for any information knowingly provided to a third party, because the provider is said to retain no reasonable expectation of privacy in that information. As technology dictates that more and more of our personal lives are available to anyone equipped to receive them, and as social norms dictate that more and …
No Longer Little Known But Now A Door Ajar: An Overview Of The Evolving And Dangerous Role Of The Alien Tort Statute In Human Rights And International Law Jurisprudence, Donald J. Kochan
Donald J. Kochan
Human rights’ and other international law activists have long worked to add teeth to their tasks. One of the most interesting avenues for such enforcement has been the Alien Tort Statute (“ATS”). The ATS has become the primary vehicle for injecting international norms and human rights into United States courts – against nation-states, state actors, and even private individuals or corporations alleged to actually or in complicity or conspiracy been responsible for supposed violations of international law. This Symposium Article provides an overview of the ATS evolution (or revolution), discusses the most recent significant development in the evolution arising from …
On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons
On Waves, Clusters, And Diffusion: A Conceptual Framework, Zachary Elkins, Beth Simmons
Zachary Elkins
No abstract provided.