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‘Junk sciences’ and miscarriages of justice

There is an inherent problem to the justice world that has been observed in almost every common law jurisdiction. The reliability of scientific evidence in the Courtroom is at stake as well as the general functioning anchored to the presence of a decisional jury in a trial. This paper will present those issues and mainly … Read more

Direct effect of Directives in EU law

The basic premise of this essay is that the direct effect of directives was established to encourage integration and improve the legal protection of citizens by creating rights and, what contributes as a right to one leads to an obligation for the other. Thus, by denying the horizontal direct effect of directives in order to … Read more

Shariah law

Shariah has been a highly controversial topic in today’s world. With countries like Britain having a massive uproar on the suggestion of shariah being used by the muslims in the country to handle marital issues (Feldman 2008). To most westerners the first and only thing that comes to mind about shariah is the Hudud Law … Read more

Constitutional culture

Constitutional culture, by virtue of its ever changing nature, is “vast and slippery” with an amorphous quality. The definition and use of this term has varied by author, and the uses have ranged from haphazard, general characterizations to detailed but limited accounts. For example, James Fleming and Linda McCain have used the term to reference … Read more

Cyber-operations can and should fall within the purview of international criminal law under the Rome Statute

I. INTRODUCTION In 2007, cyberattacks were launched in Estonia against government, banking and newspaper websites. The websites faced unprecedented levels of internet traffic caused by botnets generating waves of spam and requests leading to the websites to crash. The cyberattacks consisting of Distributed Denial of Service (“DDoS”) attacks occurred after the Estonian government relocated a … Read more

Dworkin’s criticism of Hart’s positivism

H.L.A. Hart, a legal positivist, describes his view of law as a model of rules, more specifically, primary and secondary rules. Primary rules are rules that govern behavior whereas secondary rules are rules that allow the fabrication, modification, or elimination of said primary rules. An example of primary rules are those regarding our criminal law … Read more

School-sponsored prayers – the establishment clause

The debates regarding school-sponsored prayers have significantly fueled controversy among parents, school administration and the Supreme Court in the United States. While the Court ruled that allowing student-initiated prayers in public schools violates the Establishment Clause, it indicates that regardless of the student’s influence to conduct prayers during public events such as sporting and graduation … Read more

Market access – Dassonville and Keck

For it to be shown that it was necessary for the Court of Justice of the European Union (CJEU) to develop a self-standing “market access” test, it must have been impossible to comfortably apply Keck or Dassonville and “market access” must be a better test than the aforementioned. In creating this “market access” test the … Read more

Canadian rights (civil liberties)

Also known as a “free society” or “civil Liberties”, these rights able us to function as a society should without the fear of judgement or discrimination. Included in section 2 of the Charter is freedom of conscience and religion, meaning we are free to believe in any religion we desire as well as preaching our … Read more

Jurisprudence – what is law

Question one. The word ‘law’ is often used when referring to any criteria of right judgement in matters of practice or any standards for assessing options for human conduct as good or bad. This is also how the word ‘law’ is also used in the term ‘natural law.’ The word ‘natural’ is used to signify … Read more

The Fourth Amendment

The Fourth Amendment to the United States Constitution was included as a component of the Bill of Rights on December 15, 1791. This amendment is known for shielding individuals from the seeking of their homes and private property without appropriately executed court orders. The Fourth Amendment of the U.S. Constitution gives, “the privilege of the … Read more

How far has the Apex legal in India made progress in defending Human Rights in the light of our Constitutional order

The privilege to authorize Human Rights as gave under the Constitution of India is Constitutionally secured. Article 226 enables the High Courts to issue writs for implementation of such rights. Also Article 32 of the Constitution gives similar forces to the Supreme Court. Another methodology has risen as Public Interest Litigation (PIL) with the goal … Read more

The Duty of Vigilance for Parent and Instructing Companies

‘Le Devoir de Vigilance des sociétés mères et des entreprises donneuses d’ordre’ (The Law) ; a comprehensive title well suited to the comprehensive nature of this piece of legislation. Implemented in 2017, the Law marks 4 long years of lobbying and collaboration as it was the 2013 Rana Plaza incident – a devastating event in … Read more

Progression of Islamic Law – annotated bibliography

Muhammad Ibn Al Shafi is the founder of the Shafiite school of law and a decisive figure in the early development of the theory of Usul al-fiqh also known as the “principles of jurisprudence”. Usul al-fiqh is a means by which Muslims discuss the interrelation of the divinely approved sources and methods of interpretation that … Read more

The Moorov doctrine – Scots Criminal Law

Recently, there has been a particular interest in the sometimes disruptive issue of the corroboration rule in Scottish criminal trials. This rule does not allow the conviction of any offence with only one piece of evidence. To acquire a conviction at least two independent sources are required to support each crucial fact. The classic example … Read more

The Fourteenth Amendment and the Eighth Amendment

Thesis: The Fourteenth Amendment, which protects rights that are “fundamental to the Nation’s history and tradition,” makes the Eighth Amendment right against excessive fines and cruel and unusual punishments applicable to the states. Two questions still remain, both provoked by the textual similarity between §1’s Privileges or Immunities Clause and Article IV, §2. The first … Read more

Locke and The Declaration of Independence

Introduction “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness” . This line is often quoted to exemplify John Locke’s conception of Natural Law and its’ influence on Thomas … Read more

American Legion v. American Humanist Association

American Legion v. American Humanist Association Facts: In 1919, the Town of Bladensburg approved the construction of a 40-foot-tall World War I memorial shaped like a Latin cross. Private donors initially funded the memorial, but ran out of money in 1922. The American Legion then stepped in and completed the monument in 1925. The monument … Read more

Maternity Benefit Policies in India and USA

Abstract Women face several hardships on their way to a successful career. An issue that ties specifically this challenge to their work / workplace is that of maternity benefits. Several women through the years have, each in their own, faced issues regarding lack or inadequacy of maternity leave and/or benefits. Often times, even the legislation … Read more

Constitution benches

INTRODUCTION The Constitution mandates that at least five judges of the Supreme Court sit in order to decide cases involving ‘substantial question of law as to the interpretation of this Constitution’. Popularly termed ‘constitution benches’, these benches have delivered some of the most important and landmark judgments such as Kesavananda Bharati v. State of Kerala … Read more

Benefits and disadvantages of different research methodologies as tools for conducting independent legal research at postgrad level

Discuss and critically assess the benefits and disadvantages of at least two different research methodologies as tools for conducting independent legal research at postgraduate level Library based or doctrinal research and socio-legal methods Legal research methodology denotes the exposition, the description or the explanation and the justification of methods used in conducting research in the discipline of law.  … Read more

Price Waterhouse – transgender employment issues

The Supreme Court broadened the notion of discrimination “because of sex” under Title VII in Price Waterhouse v. Hopkins by holding that discrimination against women based on failure to conform to female stereotypes violated Title VII. After Price Waterhouse, a Circuit Split emerged. Representing one side of the Circuit Split, the First, Sixth, Ninth, and … Read more