Courts Commons^™

Development Of Constitutional Justice Institution In Foreign Countries: Comparative Legal Analysis, Maftuna Аbdullayeva

Review of law sciences

As independent state bodies, constitutional courts protect the Constitution by resolving constitutional disputes. As a result, they are often called "Guardians of the Constitution". The main activity of the constitutional courts is the control of the constitutionality of laws and other legal acts. In constitutional theory, there are such forms as: preliminary and subsequent constitutional control, which have their advantages and disadvantages. Therefore, this article highlights the framework of the establishment and development of the institute of Constitutional justice, and analyses the application of european and american models of constitutional control in Uzbekistan.

On Issues Of Application Of Sharia Rules Related To Islamic Finance In The Courts Of Uzbekistan, Akhadjon Khakimov

Review of law sciences

In this article, we focus on the nature of Islamic financial contracts and their features from the contracts which are available in the domestic legislation of Uzbekistan. Moreover, current article also examines how possible disputes could be solved in domestic courts based on the Uzbekistan’s choice of law as in many cases Islamic banks tend to put Sharia law as a choice of law in those contracts.

Law School News: Ruth Bader Ginsburg And Rwu Law 09/23/2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Doj Blows The Whistle On Professional Whistleblowers: But The Circuits Are Split On Whether Dismissals Will Be Swift, Jennifer Harchut

Villanova Law Review (1956 - )

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Restoring The Presumption Of Innocence: Protecting A Defendant’S Right To A Fair Trial By Closing The Door On 404(B) Evidence, Aaron Diaz

St. Mary's Law Journal

Congress enacted the Federal Rules of Evidence to govern evidentiary procedures and “eliminate unjustifiable expense and delay.” In criminal cases, for example, Federal Rule of Evidence 404(b) seeks to prevent prosecutors from improperly introducing a defendant’s past misdeeds. Nevertheless, prosecutors often attempt to introduce a defendant’s past misconduct to suggest that a defendant has a propensity to commit crimes, which is improper character evidence. Unsurprisingly, 404(b) is one of the most litigated evidence rules and has generated more published opinions than any other subsections of the Rules. And despite efforts to amend Rule 404(b), the rule has remained virtually untouched. …

Hearing Essential And Urgent Court Matters During The Covid-19 Pandemic, Kwan Ho Lau, Daryl Xu

Research Collection Yong Pung How School Of Law

This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.

Private Liability For Public Health, Jerrold Soh

Research Collection Yong Pung How School Of Law

As at this writing, COVID-19 continues to spread around the world. Most disease transmissions, one hopes, are unintentional. But could one nonetheless be liable for unintentionally, yet carelessly, transmitting the disease? If so, when would liability arise, and how wide may its scope be? If X transmits the disease to Y who in turn transmits it to Z, can Z claim against X? If not, why should liability escape one who carelessly spreads a deadly and highly contagious virus when courts have historically found liability for more innocuous harms?154 This short essay discusses how private liability might complement public regulation …

Opening The Door To Fickle-Minded Guilty Pleas? Public Prosecutor V Dinesh S/O Rajantheran, Teng Jun Gerome Goh

Research Collection Yong Pung How School Of Law

Unlike applications to retract guilty pleas, accused persons are not required to provide valid and sufficient reasons when qualifying their guilty pleas in mitigation. In Criminal Reference No. 5 of 2018, the Court of Appeal held that section 228(4) of the Criminal Procedure Code allows accused persons to qualify their guilty pleas in mitigation to the extent that it amounts to a retraction of their guilty pleas unless there is an abuse of the court’s process. This comment considers the desirability of the current law and suggests that the law applying to such withdrawals of guilty pleas should be …

Why An Independent, Holistic Review Of The Parti Liyani Case Is Necessary, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan discussed the case of Parti Liyani versus Public Prosecutor, and explained why an independent, holistic review of the case is necessary.

Covid‐19 As A Frustrating Event Under Singapore Contract Law, Yihan Goh

Research Collection Yong Pung How School Of Law

COVID-19 has had an unprecedented impact on commercial arrangements around the world. This would appear to fit the textbook definition of a frustrating event under Singapore contract law. Alternatively, one might expect COVID-19 to be covered by the doctrine of force majeure. This commentary will provide a brief overview of the contractual issues arising from COVID-19.

Revisiting The Precedential Status Of Crown Court Decisions, Kwan Ho Lau

Research Collection Yong Pung How School Of Law

The binding authority of substantive decisions made by the Crown Court in the exercise of its criminal jurisdiction is often assumed to be negligible. In 2013, the Court of Appeal appeared to confirm the correctness of that assumption. Yet there was little in the way of explanation or case law that was cited in support by the court. This article suggests that a re-evaluation of the place and treatment of such decisions within the doctrine of precedent is overdue, and considers that they should be recognised to have some binding effect if there is able to be established a reasonably …

Exorcising The Ghost In The Wills Act, Hang Wu Tang

Research Collection Yong Pung How School Of Law

Ingenious lawyers all over the Commonwealth are dreaming up rigmaroles for the signing of wills amid the pandemic. An English law firm has suggested that the will should be signed at a park bench, with witnesses lurking nearby, ready to rotate around the document. Another option allows for the will to be signed at the person’s doorway while the witnesses stand outside, using the services of a well-trained pet to deliver the signed will to the witnesses. Singapore has passed many sensible temporary measures in response to COVID-19 disruption, including marrying couples remotely so that the newly-weds, witnesses and solemniser …

Must A Friend Indeed Reveal A Friend’S Misdeed? Exploring The Merits Of A Friendship Privilege, Michael D. Moberly

St. Mary's Law Journal

Abstract forthcoming.

Covid‐19 Crisis And Its Impact On Trustees And Beneficiaries, Man Yip

Research Collection Yong Pung How School Of Law

The COVID-19 pandemic has been described by Prime Minister Lee Hsien Loong as the “crisis of our generation”. We have to swiftly adjust to a new “normal” characterised by safety measures, travel restrictions, economic downturn and uncertainties in the days ahead. What is the new “normal” for trustees and beneficiaries? How should they respond to the legal and practical uncertainties in these challenging times? This commentary discusses two categories of uncertainties for trustees and beneficiaries: (1) uncertainty relating to trust investments; and (2) uncertainty relating to day-to-day administration.

It’S Whose Party? Accurately Defining Political Parties In First Amendment Cases, Makade Claypool

BYU Law Review

No abstract provided.

Mapping The Iceberg: The Impact Of Data Sources On The Study Of District Courts, Christina L. Boyd, Pauline T. Kim, Margo Schlanger

Articles

Three decades ago, Siegelman and Donohue aptly characterized research about courts and litigation that relied only on published opinions as “studying the iceberg from its tip.” They implored researchers to view published district court opinions “with greater sensitivity to the ways in which such cases are unrepresentative of all cases”. The dynamic, multistage nature of trial court litigation makes a focus solely on published opinions particularly ill-suited to the study of federal district courts. Expanded electronic access to court documents now allows more pre-cise analysis of the ways in which published cases are unrepresentative and what differences that makes for …

Health Implications Of Incarceration And Reentry On Returning Citizens: A Qualitative Examination Of Black Men’S Experiences In A Northeastern City, Jason M. Williams, Sean K. Wilson, Carrie Bergeson

Department of Justice Studies Faculty Scholarship and Creative Works

While a great deal of research captures the lived experiences of Black men as they navigate through the criminal legal system and onto reentry, very little research is grounded in how those processes are directly connected to their health. Although some research argues that mass incarceration is a determinant of poor health, there is a lack of qualitative analyses from the perspective of Black men. Black men face distinct pathways that lead them into the criminal legal system, and these same pathways await them upon reentry. This study aims to examine the health implications associated with incarceration and reentry of …

Regulating Jurisdiction Collisions In International Law: The Case Of The European Court Of Justice's Exclusive Jurisdiction In Law Of The Sea Disputes, Darío Maestro

Michigan Journal of International Law

To maximize their chances of receiving a favorable disposition, claimants often aspire to bring complex disputes to more than one international court. However, doing so may bring their claims under the jurisdiction of more than one branch of international law simultaneously, creating what this note calls a jurisdiction collision. This practice poses a challenge to the cohesion of international adjudication as competing international tribunals, relying on differing precedents, may give differing interpretations to the same rule.

Concentrating on the classical roots of international law and its changing significance over time and within different contexts, this note considers the benefits …

Criminal Law In Crisis, Benjamin Levin

University of Colorado Law Review Forum

In this Essay, I offer a brief account of how the COVID-19 pandemic lays bare the realities and structural flaws of the carceral state. I provide two primary examples or illustrations, but they are not meant to serve as an exhaustive list. Rather, by highlighting these issues, problems, or (perhaps) features, I mean to suggest that this moment of crisis should serve not just as an opportunity to marshal resources to address the pandemic, but also as a chance to address the harsh realities of the U.S. criminal system. Further, my claim isn’t that criminal law is in some way …