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INTRODUCTION This paper focuses on the role of amicus curiae in commercial litigation. The research endeavors to discuss and analyze both the legal and factual discourses which arise out of various court decisions in view of promoting the relevance of amicus curiae, and particularly with regards to commercial litigation in different countries. This paper shall … Read more
Part A: Case: Texarkana Attorney General v Planned Parenthood of Texarkana I. Summary of the Case The Abortion Clarification Act, enacted by the State of Texarkana, presents numerous changes to previously defined abortion rulings and legislation. Referring to Roe v. Wade, the Act affirms abortion in the early stages of a woman’s pregnancy. The Act … Read more
Basically, foreigner individuals cannot own land in the Philippines, but they can own condominium units provided that the foreign proportion does not exceed the 40% threshold under the Philippine Constitution and specifically RA 4726 or otherwise known as The Condominium Act of the Philippines. They can even purchase a house but not the land on … Read more
Law, morality, and freedom were interpreted by Marx and Engels as invariably an instrument of class dominance. They begin by laying out the history of oppression starting with the “freeman and slave, patrician and plebian, lord and serf…oppressor and oppressed, stood in constant opposition to one another, carried on an uninterrupted, now hidden, now open … Read more
Miller v Alabama was the third case in a line of juvenile sentencing precedents which have greatly influenced the position of youths in our justice system.1 As of 2012, when Miller was decided, over 2,500 people were serving sentences of life without parole for crimes that they committed before they turned 18.2 This injustice is … Read more
On the 10th October 2017, the President of the Generalitat of Catalonia, Carles Puigdemont, declared the independence of Catalonia. This proclamation followed the poll, which occurred on the 1st October, when the Catalan voters voted to answer the following question: “Do you want Catalonia to be an independent state in the form of a republic? … Read more
Parliamentary sovereignty is defined via Dicey as “the right to make or unmake any law what ever, and, further, that no person or body is recognised by the law of England as having a right to over-ride or set aside the legislation of Parliament”. In this essay I will discuss the prose of parliamentary sovereignty … Read more
In 1971, Bruce Ennis argued that “if persons are involuntarily to be confined because of mental illness, the standards and procedures for confinement should guarantee no fewer rights than those afforded criminal defendants” (Wexler & Winick, 1992). In the 1980’s, therapeutic jurisprudence began as an interdisciplinary scholarly approach for mental health law. Scholars were encouraged … Read more
The Case On May 20, 2013, Rodney Class parked his Jeep on the Capitol grounds in Washington, D.C. Class happened to be keeping guns and ammunition—for which he had legal permits—inside the Jeep. While Class was visiting the Capitol buildings, a policeman spotted a blade and gun holster in Class’ Jeep, after noticing that the … Read more
I. Introduction The Fourteenth Amendment to the United States’ Constitution has been in effect since 1868. Ever since this point in history, there has been a multitude of Supreme Court cases of which concern race. Since the 1950s, these cases have been predicated on practices that educational and employment institutions employ as guidelines for their … Read more
Prejudice against women is pervasive to the point that it some of the time surfaces on an exposed scrutiny of the law made by the lawmaking body itself. This is especially so in connection to laws administering the inheritance/progression of property among the individuals from a Joint Hindu Family. This separation was so profound and … Read more
Facts M’Naghten, in January 1843, took a pistol and shot Edward Drummond who he thought to be the Prime Minister. Drummond was fatally injured and he died five days after being shot. M’Naghten was charged with the murder of Drummond but he pleaded not guilty by the defense of insanity. At the trial many witnesses … Read more
Introduction The case in question, Dansk Industri (DI) v Estate of Karsten Eigil Rasmussen C-441/14 (Ajos), is one which concerns the controversial area of the application of horizontal direct effect in EU directive, in this case Directive 2000/78. Although it initially seems simple it is of the upmost importance in terms of legal principle in … Read more
Introduction: Trademark cases are unusual for the United States Supreme Court to take. Facts of Case: Matal v. Tam arose in 2011 from a trademark appeal by the band, “The Slants”. The bands lead singer, Simon Tam, requested for the bands name to be trademarked with the US Patent and Trademark Office (USPTO). According to … Read more
To our modern philosophy regarding law, a British legal philosopher by the name of Herbert Lionel Adolphus or H. L. A. Hart (1907-92) has shaped our view of laws, their purpose as social rules and their relation to language and brought new ideas of interpretation and how social and legal systems may work towards legal … Read more
