Choice of law clause

reads from Vile´s article that reads, ¨The Supreme Court overturned this law in ¨City of Boerne v. Flores (1997), deciding that it exceeded congressional powers under Section 5 of the Fourteenth Amendment, granting power to enforce but not to reinterpret the provisions of that amendment. This decision has led to renewed calls for a Religious Equality Amendment, some versions of which would require that courts strike down laws with differential impacts on amendments that do not have a compelling…

Attorney General Jeff Sessions prosecutes a free clinic performing late-term abortions which violate the Partial-Birth Abortion Ban (PBABA), pro-choice advocacy organizations (PCAO) are challenging the legality of the ban based on their view that Congress is exceeding its authority under the Commerce Clause. The PBABA itself states “Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus…

believe that being gay is a choice, and that one is not born that way. This is an argument that seems to be common, “Does it really matter whether being gay is a choice? If one could choose one’s race, would that suddenly make racism legitimate? I would hope not” (The Huffington Post). The argument that being gay is a choice is completely irrelevant. Even if it were true, and being gay is a choice, would it then be appropriate to prosecute people for their own personal choices? Persecution is…

amendments. Actually, it was considered so important that there was no debate at the time it was presented. It embodies some of our most important ideas about the meaning of liberty and freedom. Isidore Starr, who is recognized as a leader in the fields of law-related and citizen education has stated, “remove the First Amendment from the U.S. Constitution and you strike out the very means of testing the other rights and protesting abuses of government.” In 1787, a Constitutional Convention in…

CASE NOTE: Inco Europe Ltd & Ors v First Choice Distribution & Ors I. INTRODUCTION This case bears a great importance on II. THE CASE A. FACTS Inco Europe was a dealer in non-ferrous metals traded on the London Metal Exchange. It had previously done business with Steinweg, owner of an approved LME warehouse for metals being traded on the exchange. The two have been in business together for at least three years preceding this collaboration. Inco Europe and Steinweg usually dealt on the terms…

6. The key elements in a contract of international sale of goods There are some critical aspects that need to be considered by the parties in the international sale of goods. a. Capacity of the parties Capacity is the legal ability of a person to enter a contract. If the buyer is a person, he/she should not be a minor, the mentality disordered, and the intoxicated person. However, if the buyer is a corporation, the person who has authority to sign contracts is usually specified in the…

sides appealed in 1970. The case started off in three judge courts for the U.S. District Court for the Northern District of Texas. The decision in this court ruled in the favor of Roe, stating that a woman's choice was protected by the ninth and fourteenth amendments and that Texas’ abortion laws were void. The plaintiffs appealed to the Supreme Court, but the district court denied an injunction. Both sides of the case filed appeals to the United States Court of Appeals for the Fifth Circuit,…

require a residential lease. In order to be considered valid, certain requirements must exist. It is also important to understand the basic rights for both the landlord and the tenant(s). Finally, this paper will explore what legislation and civil rights laws have done in regards to the landlord-tenant relationship. It is important to first understand the requirements that are needed in order to make a lease valid. These are capacity to contract, legal objective, offer and acceptance, and…

petition referred to as the freedom of expression, our first amendment. Freedom of Religion has been hugely up for debate on the continuously evolving changes. Freedom of Religion is followed by the establishment clause that prohibits the establishment by congress and the “free” exercise clause prohibits government from interfering with individuals’ practice of religion. Every time there seems to be a case the government majority of the time benefits. In the Engel v.…

his tenure. Throughout his time on the nation’s highest court he would seek to enhance the power of states to expand their abilities to construct policies, as he sought to limit federal power. This culminated successfully with the striking down of laws under the Commerce Power in U.S. versus Lopez. However, as a Chief Justice he would often act as a writer and arbitrator of majority opinions to maintain past precedent and to moderate the decisions of the court. At times even upholding precedent…