Common law rules

Critical Book Review: Case Critical by Ben Carniol Ben Carniol’s book, Case Critical: Social Services and Justice in Canada, is an exploratory piece of literature that presents a detailed picture of Canada’s social welfare system, through the viewpoints of social workers and, more significantly, social service users. Carniol offers an examination of the challenges and barriers faced by structural social workers within social service organizations in Canada. The use of personal and external…

In his article, “Paternalism and the Ill-Informed Agent,” Jason Hanna refutes the anti-paternalist’s use of the ignorance exception to justify intervention on the ill-informed agent’s behalf. As Hanna sees it, the use of the ignorance exception does not provide the anti-paternalist with any more justification to intervene on the ill-informed agent’s behalf than the justification used by the paternalist to intervene on the fully-informed agent’s behalf. If this is the case, there is no reason for…

other people...” (Knaus, 2015) Although equality and the opportunity for appeals and reviews continue to work effectively, it is the accessibility and enforceability that needs to be revaluated. Similar to issues of accessibility with international law, it is a lack of education on the legal system resulting in victims of violence being unaware of these legal-mechanisms. Perhaps most importantly is the lack of effective enforceability associated with ADVOs and APVOs due largely to limited police…

In her book, Poetic Justice, American philosopher and Professor of Law and Ethics Martha Nussbaum writes that when we read narrative, “we are, in effect, being constituted by the novel as judges of a certain sort.” (Nussbaum 83) She believes that the ideal judge is not one who can remove all emotion from his reasoning, but instead one who can serve as what Adam Smith called a “judicious spectator”; “capable of entering imaginatively into the lives of distant others and (having) emotions related…

with each other; a French company that is headquartered in France operates in the U.S. and a German company operates in India. Actually, the international interaction of business units all over the world requires the implementation of international laws systems in order to protect businesses that operate abroad from local policies and regulations, especially in the developing countries, and host countries from taking advantage of their business immaturity from foreign businesses, especially…

Winn-Dixie Stores Inc. was the first time that there was a lawsuit on website accessibility under the ADA to go to trial. However, since then there have been similar cases. The common ruling behind all of these cases are that the court found that there was a common nexus between website's goods and services, and those provided at the physical stores. One example is the National Federation for the Blind v. Target. This case included a group of visually impaired plaintiffs…

Reasonableness/Arbitrariness/Discrimination The Tecmed Tribunal expressly accepted that arbitrariness and discrimination could not be reconciled with the FET standard. The Tribunal in Pope & Talbot frequently referred to the reasonableness of the conduct of a State or its organ to rule out a violation of the FET standard. Benedict and Schill are of the opinion that there is a link between the concepts of reasonableness and proportionality on one hand and the permissibility of States right to…

I will be talking about where I fall on Kolhberg’s moral development, Cass’ model of identity development for LGBT community and Cross’ racial identity development. For Kolhberg’s model, I believe I’m at stage four, which is the compliance with the law and the authority, because I follow both legal and social norms, even though following the social norms sometimes conflict with my internal moral principles. I’m at Identity Synthesis in Cass’ model, because I only view my sexual orientation as a…

Although, the court held that these slight details do not qualify as transformative elements because they are still an exact depiction of the No Doubt band performing songs, which is what they do in real life and what they are known for as celebrities (192 Cal. App. 4th pg. 1018). Unlike Activisionʻs portrayal of the No Doubt band, Segaʻs portrayal of Kirby was altered significantly and recreated as an entirely different character. Despite the similarities between Kirby and the Ulala character,…

I find The High Court’s decision to be appropriately aligned with the black letter of the law and without subjectivity. Subsequently a convincing decision for three key reasons: (i) the decision applies the doctrine of precedent, (ii) lack of legislation is addressed coherently and (iii) parliamentary supremacy and intention is upheld. While the facts and issues of the R (Playfoot) case are radically different to that of Al Rabbat both deal with judicial review cases.…