
Civil Litigation Costs Review: Lord Justice Jackson
... I look forward to engaging in a lively and constructive debate with court users, practitioners and judges over the next three months concerning the matters set out in this report. After July I shall set about writing a final report, as required by the terms of reference. Rupert Jackson Royal Courts ...
... I look forward to engaging in a lively and constructive debate with court users, practitioners and judges over the next three months concerning the matters set out in this report. After July I shall set about writing a final report, as required by the terms of reference. Rupert Jackson Royal Courts ...
Report on the Law of the Tenement
... Scotland the title deeds almost always make substantial changes. Thus, except in the case of tenements built and conveyed before about 1800, 14 it is always necessary to take into account not only the law but also the individual titles. In practice title provisions vary widely. There are local varia ...
... Scotland the title deeds almost always make substantial changes. Thus, except in the case of tenements built and conveyed before about 1800, 14 it is always necessary to take into account not only the law but also the individual titles. In practice title provisions vary widely. There are local varia ...
professional responsibility
... ABA Model Code of Conduct (“Code” of Professional Responsibility) a) approved in 1969; adopted by the ABA in 1970 b) adopted soon thereafter by all 50 states w/ some slight modification in certain states c) Elements of the Code ...
... ABA Model Code of Conduct (“Code” of Professional Responsibility) a) approved in 1969; adopted by the ABA in 1970 b) adopted soon thereafter by all 50 states w/ some slight modification in certain states c) Elements of the Code ...
De Facto Relationships - NSW Law Reform Commission
... The Outline gives cross-references to the appropriate paragraphs of the Report and to the draft legislation. The principal Bill is the De Facto Relationships Bill 1983, to which we refer as “Bill”. The cross-reference in Recommendation 1, for example, is to paragraph 10.17 and to the Bill, cl.8. Thi ...
... The Outline gives cross-references to the appropriate paragraphs of the Report and to the draft legislation. The principal Bill is the De Facto Relationships Bill 1983, to which we refer as “Bill”. The cross-reference in Recommendation 1, for example, is to paragraph 10.17 and to the Bill, cl.8. Thi ...
THE EMINENT DOMAIN IN AUSTRALIA
... Additional Evidence from the Convention Debates of the Influence on s 51(xxxi) of the American Context ...................................... 103 B Clarifying the Meaning of Eminent Domain ....................................... 106 C The Exceptional Nature of s 51(xxxi) ........................ ...
... Additional Evidence from the Convention Debates of the Influence on s 51(xxxi) of the American Context ...................................... 103 B Clarifying the Meaning of Eminent Domain ....................................... 106 C The Exceptional Nature of s 51(xxxi) ........................ ...
Jacober v. St. Peter`s Med. Ctr.
... high blood pressure but since the dentist did not take a proper medical history he did not obtain this information. The dentist conceded that he was unaware that the patient had high blood pressure and that if he had known that she had high blood pressure he would have consulted with her physician b ...
... high blood pressure but since the dentist did not take a proper medical history he did not obtain this information. The dentist conceded that he was unaware that the patient had high blood pressure and that if he had known that she had high blood pressure he would have consulted with her physician b ...
Crime and Courts Act 2013
... other provision which the Secretary of State considers necessary in consequence of provision made under paragraph (a) (and, in particular, may make provision about the functions of any person other than the NCA, including provision conferring or otherwise modifying, but not removing, such functions) ...
... other provision which the Secretary of State considers necessary in consequence of provision made under paragraph (a) (and, in particular, may make provision about the functions of any person other than the NCA, including provision conferring or otherwise modifying, but not removing, such functions) ...
VERTICAL DISTRIBUTION AGREEMENTS
... commonly called “vertical” arrangements, and the ones that we will focus on in this chapter relate to the distribution of goods and services through this kind of vertical supply chain to be sold to a final consumer. Other kinds of vertical arrangements of discussed in Chapter 5. The arrangements dis ...
... commonly called “vertical” arrangements, and the ones that we will focus on in this chapter relate to the distribution of goods and services through this kind of vertical supply chain to be sold to a final consumer. Other kinds of vertical arrangements of discussed in Chapter 5. The arrangements dis ...
Dire Straits: A report on the rule of law in Fiji
... office by representatives of the current interim regime and forced to take leave under duress. When attempting to return, Chief Justice Fatiaki was charged with a range of misconduct offences, including charges that he was involved in the 2000 coup, and subjected over time to a questionable, delayed ...
... office by representatives of the current interim regime and forced to take leave under duress. When attempting to return, Chief Justice Fatiaki was charged with a range of misconduct offences, including charges that he was involved in the 2000 coup, and subjected over time to a questionable, delayed ...
biblical literalism and constitutional originalism
... Peter J. Smith* & Robert W. Tuttle† Critics of constitutional originalism have often described originalists as “fundamentalists” or “literalists” as a way of discrediting originalism. This comparison has obvious rhetorical force because it tends implicitly to taint originalism with guilt by associat ...
... Peter J. Smith* & Robert W. Tuttle† Critics of constitutional originalism have often described originalists as “fundamentalists” or “literalists” as a way of discrediting originalism. This comparison has obvious rhetorical force because it tends implicitly to taint originalism with guilt by associat ...
THE NEW RACIAL JUSTICE: MOVING BEYOND THE EQUAL
... seeable, and thus in which evidence of discriminatory intent would prove elusive. In Personnel Administrator of Massachusetts v. Feeney,23 the Court confronted state action that would inevitably and invariably lead to disparate impact, in the form of a veterans’ preference statute that “operates ove ...
... seeable, and thus in which evidence of discriminatory intent would prove elusive. In Personnel Administrator of Massachusetts v. Feeney,23 the Court confronted state action that would inevitably and invariably lead to disparate impact, in the form of a veterans’ preference statute that “operates ove ...
Brooklyn Law Review - Brooklyn Law School
... Ingber remains skeptical about the basic assumptions inherent in the justification from truth. Stanley Ingber, The Marketplace of Ideas: A Legitimizing Myth, 1984 DUKE L.J. 1, 1. His criticisms deserve the kind of careful replies that would take me outside the scope of this Article, although I do ad ...
... Ingber remains skeptical about the basic assumptions inherent in the justification from truth. Stanley Ingber, The Marketplace of Ideas: A Legitimizing Myth, 1984 DUKE L.J. 1, 1. His criticisms deserve the kind of careful replies that would take me outside the scope of this Article, although I do ad ...
The Concept of the Rule of Law - MacSphere
... "recall what has happened when there is no Rule of Law," Eisenhower invokes the idea of abhorrent situations and regimes such as Nazi Germany. However, on the other hand, it is reminiscent of Justice Potter Stewart's infamous comment on hard core pornography: it is hard to define, but "I know it whe ...
... "recall what has happened when there is no Rule of Law," Eisenhower invokes the idea of abhorrent situations and regimes such as Nazi Germany. However, on the other hand, it is reminiscent of Justice Potter Stewart's infamous comment on hard core pornography: it is hard to define, but "I know it whe ...
Treaties as Law of the Land - Scholarship @ GEORGETOWN LAW
... circumstances as constitutional and statutory provisions of like content. This requirement of equivalent treatment is subject to a single exception, namely, for treaties that are non-self-executing in the sense contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of se ...
... circumstances as constitutional and statutory provisions of like content. This requirement of equivalent treatment is subject to a single exception, namely, for treaties that are non-self-executing in the sense contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of se ...
Vazquez Article on Self-executing Treaties
... circumstances as constitutional and statutory provisions of like content. This requirement of equivalent treatment is subject to a single exception, namely, for treaties that are non-self-executing in the sense contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of se ...
... circumstances as constitutional and statutory provisions of like content. This requirement of equivalent treatment is subject to a single exception, namely, for treaties that are non-self-executing in the sense contemplated by the Supreme Court in Foster v. Neilson. Foster illustrates only one of se ...
Volume 16, 2008 - University of Waikato
... legislation’.10 He said, on one occasion ‘Every judicial decision, to some extent, makes law, since cases cannot be decided by computer, but the great majority are not concerned with frontiers of legal development’.11 To Lord Cooke, ‘fairness’ was not only the touchstone of judicial decision-making, ...
... legislation’.10 He said, on one occasion ‘Every judicial decision, to some extent, makes law, since cases cannot be decided by computer, but the great majority are not concerned with frontiers of legal development’.11 To Lord Cooke, ‘fairness’ was not only the touchstone of judicial decision-making, ...
What is Eleventh Amendment Immunity?
... immunity could be abrogated by Congress pursuant to the Interstate Commerce Clause, 18 a decision that was widely understood to establish that Congress could do so under any of its legislative powers. 19 Under this regime, Congress could give individuals the power to sue states in federal court to e ...
... immunity could be abrogated by Congress pursuant to the Interstate Commerce Clause, 18 a decision that was widely understood to establish that Congress could do so under any of its legislative powers. 19 Under this regime, Congress could give individuals the power to sue states in federal court to e ...
Base Macro - Brooklyn Law School
... must “subjectively perceive the environment to be abusive.”41 The Court additionally held that psychological injury to the employee is relevant but not necessary to show that the environment was abusive to the complainant. 42 Instead of stating dispositive factors, the Court recommended applying a t ...
... must “subjectively perceive the environment to be abusive.”41 The Court additionally held that psychological injury to the employee is relevant but not necessary to show that the environment was abusive to the complainant. 42 Instead of stating dispositive factors, the Court recommended applying a t ...
Multi-Party Actions - Scottish Law Commission
... Dr Christine R Barker, Professor Ian D Willock and Dr James J McManus, Multi-Party Actions in Scotland, published by the Scottish Office Central Research Unit, 1994. This research work was funded by the Scottish Office. ...
... Dr Christine R Barker, Professor Ian D Willock and Dr James J McManus, Multi-Party Actions in Scotland, published by the Scottish Office Central Research Unit, 1994. This research work was funded by the Scottish Office. ...
International Jurisdiction in Intellectual Property Disputes
... of IP rights before the national courts. A number of problems related to the enforcement of multi-territorial IP rights arise before the courts: Which court should hear the case? What is the scope of a court’s competence in adjudicating such multi-territorial IP dispute? If a court’s jurisdiction ca ...
... of IP rights before the national courts. A number of problems related to the enforcement of multi-territorial IP rights arise before the courts: Which court should hear the case? What is the scope of a court’s competence in adjudicating such multi-territorial IP dispute? If a court’s jurisdiction ca ...
a guide to zimbabwean administrative law
... Factors for deciding whether breach of administrative justice [s 5] ....................................................... 25 Remedies [s 4] ................................................................................................................................................ 25 Court with ...
... Factors for deciding whether breach of administrative justice [s 5] ....................................................... 25 Remedies [s 4] ................................................................................................................................................ 25 Court with ...
JICP SUMMARY
... CML: The ambit of review is limited to questions of law. The court of appeal’s task is to state and develop the law; determining facts is left to the trial judge. CVL: The facts are more subject to appellate review. Witnesses can appear in the court of appeal. N.B. These differences don’t really app ...
... CML: The ambit of review is limited to questions of law. The court of appeal’s task is to state and develop the law; determining facts is left to the trial judge. CVL: The facts are more subject to appellate review. Witnesses can appear in the court of appeal. N.B. These differences don’t really app ...
Access to justice in sub - Saharan Africa
... Formal state courts on the other hand are best able to provide the legal and procedural certainty required where serious penalties such as imprisonment are regarded as appropriate, or where the parties are unwilling or unable to reach a compromise. Every individual, whether rich or poor, should be ...
... Formal state courts on the other hand are best able to provide the legal and procedural certainty required where serious penalties such as imprisonment are regarded as appropriate, or where the parties are unwilling or unable to reach a compromise. Every individual, whether rich or poor, should be ...
CLoSA Draft Chapter 34 Limitations
... (ii) justifiable in an open and democratic society based upon freedom and equality; and (b) shall not negate the essential content of the right in question, and provided further that any limitation to (aa) a right entrenched in section 10, 11, 12, 14 (1), 21, 25 or 30(1)(d) or (e) or (2); or (bb) a ...
... (ii) justifiable in an open and democratic society based upon freedom and equality; and (b) shall not negate the essential content of the right in question, and provided further that any limitation to (aa) a right entrenched in section 10, 11, 12, 14 (1), 21, 25 or 30(1)(d) or (e) or (2); or (bb) a ...