Common law

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.…

Judge Weinstein in the Agent Orange case is a positive example of how to approach law and policy cases. The last years of the Agent Orange case under Judge Weinstein, and his subsequent commentary on mass tort litigation in his article Ethical Dilemmas in Mass Tort Litigation, combine to show the valuable benefits of having a Judge who is willing to go to extraordinary lengths to help create innovations in the judicial process in response to new and complex cases. I praise His ability and…

Jennifer Barnes Bowie and Donald R. Songer (2009) examines the relevance of the strategic theory in explaining the decisions made by Court of Appeals judges. Strategic theory states that judges alter the way they vote in response to the potential reactions of other important actors. Some scholars argue that strategic theory does indeed provide reasoning for decisions made by judges on the Court of Appeals. Yet, other scholars challenge this claim and assert that there is no such evidence…

overview of the law relating to protective costs orders in Ireland while comparing it with the UK and Australia and making suggestions for reform. I consulted several sources in relation to protective costs orders in Ireland, the UK and Australia and found suitable material. In Ireland to date only one PCO has ever been granted . However, PCO’s have also been rejected in this jurisdiction. PCO’s are only granted in cases that are considered to be of exceptional public importance. The law reform…

Introduction Lahore Resolution which is also called Qarardad-e-Lahore, famously known as the Resolution of Pakistan. It was a result of the clear statement adopted by the All India Muslim League at the occasion of its 27th annual session of three days, starting from 22 March and ending on 24 March 1940. It was organized at Minto Park which is now famously known as Iqbal Park. The main agenda for this resolution was to realize Muslim’s autonomy in British India and to interpret it as a demand for…

US constitution First Amendment, laws that limit freedom of speech are unconstitutional. However, certain types of unprotected speeches that advocate violence, fighting words, hostile audience speech, obscene speech and defamatory speeches can be regulated. Fighting words is a speech that is more than annoying or offensive and causes a genuine likelihood of imminent violence by hostile audience. The speech must advocate illegal conduct, not just an abstract. The law that proscribe the conduct…

The Texas Supreme Court case involving the Del Lago Partners, Inc., and Del Lago Partners, L.P. vs. Bradley Smith has to do with a group of fraternity brothers and a wedding party in a bar. An altercation ended up occurring once the wedding party entered the bar later in the night. According to the case details, some members of the wedding party grew angry as a result of a few of the fraternity members fraternizing with some of the ladies who came with the wedding party. An argument ensued and…

When the controversial topic of the TPP, or Trans Pacific Partnership come up, there is argument about whether or not it is worth it. The entire document is basically impenetrable, from the length to the language. But without reading it, it may be possible to see the effects of it, just by looking at past trade agreements, NAFTA in particular. The TPP is filled with issues, many of which are being overlooked. When it comes to problems, the TPP is full of them, whether they are based on what is…