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A Cheap Bill For Deviant Enclosures: Legal Change And The Eighteenth Century Enclosure Movement, Robert Tennyson
A Cheap Bill For Deviant Enclosures: Legal Change And The Eighteenth Century Enclosure Movement, Robert Tennyson
Robert Tennyson
This article considers the question of legal change in the context of the parliamentary enclosure movement of eighteenth century England. While the English court of Chancery had enabled late Tudor and early Stuart enclosures by inserting a controlled uncertainty into the enclosure process, it refused to enforce them where an individual with rights of common held out. The eighteenth century parliament overcame this difficulty by allowing bill suitors to obtain private enclosure legislation in the face of ever-greater numbers of dissenters. This dilution of the unanimous assent standard occurred through the efforts of suitors who were encouraged by parliamentary procedures …
Duplicative Foreign Litigation, Austen L. Parrish
Duplicative Foreign Litigation, Austen L. Parrish
Austen L. Parrish
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of an-other country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings – and the waste inherent in such duplication – becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents. The federal courts, however, do not yet have a coherent response to the problem. They apply …
Us Attacks Inside Pakistan Territory: An Insight On International Law And Use Of Force, Ahmad Ali Ghouri
Us Attacks Inside Pakistan Territory: An Insight On International Law And Use Of Force, Ahmad Ali Ghouri
Ahmad Ali Ghouri
Post September 11, 2001 era gave new dimensions to the use of force under international law. New interpretations of the doctrine of self-defence emerged alongside the invention of the doctrine of pre-emptive strike devising legitimacy for the use of force. Where there are increasing concerns of international community for fully reliable evidence, as opposed to assumptions and probabilities, which may provide basis for a pre-emptive military action, there is fundamental jurisprudential divide among international lawyers over the circumstances that may give a legitimate right to pre-emptive use of force. Although the issue of pre-emptive use of force is equally important …