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Articles 1 - 15 of 15
Full-Text Articles in Law
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Common Law Fundamentals Of The Right To Abortion, Anita Bernstein
Faculty Scholarship
No abstract provided.
Juggling Centralized Constitutional Review And Eu Primacy In The Domestic Enforcement Of The Charter: A. V. B., Maartje De Visser
Juggling Centralized Constitutional Review And Eu Primacy In The Domestic Enforcement Of The Charter: A. V. B., Maartje De Visser
Research Collection Yong Pung How School Of Law
Let the letters in the title of the judgment not fool anyone as to the anonymity of the parties involved: the facts that can be gleaned from this and the relevant Austrian judgments (the Kazakhstani plaintiff was alleged to have kidnapped other Kazakhs and lived at various junctures in Austria and Malta) should provide enough information for anyone with rudimentary skills in operating search engines to unearth the sensational beginning and unexpected ending of the protagonist. Such details, unfortunately, belong in a blockbuster movie rather than an academic case note.
Amendments To The Companies Act – Audit Exemption For Small Companies, Pey Woan Lee
Amendments To The Companies Act – Audit Exemption For Small Companies, Pey Woan Lee
Research Collection Yong Pung How School Of Law
The first phase of legislative amendments introduced by the Companies (Amendment) Act 2014 took effect on 1 July 2015. Of these amendments, the most significant is arguably the introduction of the “small company”, which replaces the exempt private company for purposes of audit exemption. This article considers the features of this new regime and illustrates its application to existing as well as new companies.
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
A Government Of Laws Not Of Precedents 1776-1876: The Google Challenge To Common Law Myth, James Maxeiner
All Faculty Scholarship
The United States, it is said, is a common law country. The genius of American common law, according to American jurists, is its flexibility in adapting to change and in developing new causes of action. Courts make law even as they apply it. This permits them better to do justice and effectuate public policy in individual cases, say American jurists.
Not all Americans are convinced of the virtues of this American common law method. Many in the public protest, we want judges that apply and do not make law. American jurists discount these protests as criticisms of naive laymen. They …
Juries, Judges, And The Politics Of Tort Reform, David Logan
Juries, Judges, And The Politics Of Tort Reform, David Logan
Law Faculty Scholarship
No abstract provided.
Police Racism, Sam Prey
Police Racism, Sam Prey
Nebraska College Preparatory Academy: Senior Capstone Projects
The Police Force is a respected service that keeps our streets safe but their power of enforcing the law could be and has been abused and has caused a lot of controversy between people of different ethnic backgrounds. This is important because rights have been violated and in this modern age these cases shouldn’t occur at all. There is a lot of informaLon about cases where people have been mistreated or abused excessively for a crime that could have been handled differently and lives would not have been lost.
Prove Me Wrong Cases And Consideration Theory, Daniel P. O'Gorman
Prove Me Wrong Cases And Consideration Theory, Daniel P. O'Gorman
Faculty Scholarship
No abstract provided.
The Role Of The Profit Imperative In Risk Management, Christopher French
The Role Of The Profit Imperative In Risk Management, Christopher French
Journal Articles
Risks in the world abound. Every day there is a chance that each of us could be in a car accident. Or, one of us could be the victim of a tornado, flood or earthquake. Every day someone becomes deathly ill from an insidious disease. Our properties are in constant peril—one’s house could catch fire at any time or a tree could fall on it during a storm. Any one of these events could have devastating financial consequences, and they are just a few of the many risks that impact our daily lives. One of the principal ways we manage …
Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong
Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong
Faculty Articles
The primary focus of this Article is to analyze various process-oriented and structural issues relating to reasoned awards in international commercial arbitration so as to improve the practical and theoretical understanding of international awards. That discussion, which is found in Section IV, considers various factors from both the common law and civil law perspectives so as to take into account the blended nature of international commercial arbitration.
Of course, to be fully comprehensible, the detailed analysis in Section IV must first be put into context. Therefore, Section II describes the difficulties associated with defining a reasoned award in international commercial …
The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie
The Uneasy And Often Unhelpful Interaction Of Tort Law And Constitutional Law In First Amendment Litigation, George C. Christie
Faculty Scholarship
There are increasing tensions between the First Amendment and the common law torts of intentional infliction of emotional distress, defamation, and privacy. This Article discusses the conflicting interactions among the three models that are competing for primacy as the tort law governing expressive activities evolves to accommodate the requirements of the First Amendment. At one extreme there is the model that expression containing information which has been lawfully obtained that contains neither intentional falsehoods nor incitements to immediate violence can only be sanctioned in narrowly defined exceptional circumstances, even if that expression involves matters that are universally regarded as being …
Identifying An Interest In Land Sufficient To Support A Caveat: Salbiah Bte Adnan V Micro Credit Pte Ltd [2014] Sghc 249, Alvin W. L. See
Identifying An Interest In Land Sufficient To Support A Caveat: Salbiah Bte Adnan V Micro Credit Pte Ltd [2014] Sghc 249, Alvin W. L. See
Research Collection Yong Pung How School Of Law
The difficult issue of what constitutes an interest in land sufficient to support a caveat (“caveatable interest”) recently presented itself before the High Court in the case of Salbiah Bte Adnan v Micro Credit Pte Ltd, which concerned a caveat lodged to protect an alleged security interest. The decision deserves the attention of property lawyers for it helpfully addressed various principles of property law relating, directly and indirectly, to the lodgment of caveats.
The Common Law Right To Information, Joseph Regalia
The Common Law Right To Information, Joseph Regalia
Scholarly Works
A once-thriving doctrine, today the common law right to information has been largely forgotten by U.S. courts at both the state and federal level. But courts have not paused to question whether the common law right still has a role to play in modern litigation. One reason may be the dearth of case law explaining the common law right's operation. Another may be that courts believe this doctrine has been eradicated by the advent of freedom of information laws. This article first brings together the disparate authority on the common law right in an attempt to pin down the precise …
Reading Statutes In The Common Law Tradition, Jeffrey A. Pojanowski
Reading Statutes In The Common Law Tradition, Jeffrey A. Pojanowski
Journal Articles
There is wide agreement in American law and scholarship about the role the common law tradition plays in statutory interpretation. Jurists and scholars of various stripes concur that the common law points away from formalist interpretive approaches like textualism and toward a more creative, independent role for courts. They simply differ over whether the common law tradition is worth preserving. Dynamic and strongly purposive interpreters claim the Anglo-American common law heritage in support of their approach to statutory interpretation, while arguing that formalism is an unjustified break from that tradition. Formalists reply that the common law mindset and methods are …
The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green
The Jury And Criminal Responsibility In Anglo-American History, Thomas A. Green
Articles
Anglo-American theories of criminal responsibility require scholars to grapple with, inter alia, the relationship between the formal rule of law and the powers of the lay jury as well as two inherent ideas of freedom: freedom of the will and political liberty. Here, by way of canvassing my past work and prefiguring future work, I sketch some elements of the history of the Anglo-American jury and offer some glimpses of commentary on the interplay between the jury—particularly its application of conventional morality to criminal judgments—and the formal rule of law of the state. My central intent is to pose questions …
Structure And Value In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
Structure And Value In The Common Law, Shyamkrishna Balganesh, Gideon Parchomovsky
Faculty Scholarship
Common law concepts have fallen into disrepute among legal theorists. The rise of Legal Realism in the early twentieth century marked a turning point in legal thought and analysis. One of the defining characteristics of the movement was complete disregard, not to say contempt, towards legal conceptualism. The founding fathers of the movement viewed the core concepts of the common law as devoid of any independent meaning or functional significance. They considered the common law’s conceptual edifice indeterminate and manipulable so as to render it altogether contingent on the working of the system. Walking along the same path, efficiency-minded scholars …