Judicial remedies

guardianship a breach to the inviolable rights and power the people are entitled to in a democracy (Dahl 191). Through the lens of Joshua Cohen (“Procedure and Substance in a Deliberative Democracy”), Jeremy Waldron (“The Core of the Case Against Judicial Review”), and Robert A. Dahl (“Democracy and its Critics), I will defend the argument that guardianship is unable to be vindicated in a democracy. Guardianship…

1) Collect all Crosby cases in which a plaintiff alleges malpractice against a lawyer for failure to draft a shareholder or CCA that protects minority shareholders. As a threshold matter, the statute of limitations for legal malpractice actions is one year. Ohio Rev. Code Ann. § 2305.11(A). Generally, an individual shareholder may not bring a legal malpractice action against an attorney that is employed by the corporation itself. See e.g. LeRoy v. Allen, Yurasek & Merklin, 114 Ohio St. 3d 323.…

Claimant files a statement of claim that shows relevant facts and remedies. Second is Answering of Claim. Defendant answers the claim by filing a statement of claim that specifies the available defenses and relevant facts. Third stage is Arbitrator Selection. Were parties receive list of potential arbitrators and select…

Ultra Vires is a Latin word which literally means, ‘beyond the power’. In legal parlance it is used to describe when a person, whether natural or artificial, or a body have acted beyond the power granted to them by law. This phrase is widely used in different branches of law; in Administrative law it is mainly used with respect to an administrative body. In Criminal law it is used with respect to law enforcement agencies, in Company law it is used with reference to the corporate capacity of a…

contract is established for the benefit of a third party, the promise has normally no claim to the money or other performance properly due to the third party. In some instances, the tribunals have granted the promise with specific performance, but such a remedy will not be usable in every shell. Further, even in those instances where substantial damages or specific performance may be available, the promise, may not be able to, or wish to, sue the…

Campaign finance reformers would most like to see a cap placed on how much can be spent “independent” of campaigns just as there is a cap with how much can be contributed directly to a campaign. Unfortunately, Citizens United quashed any notion of spending caps because as previously stated the Court feels caps would inhibit free speech. Caps would help equalize the influence between the wealthy and the non-wealthy, and discourage bribery and extortion. Also, contribution limits would improve…

Who Should Have Access to Police Body Camera Footage? Technology is on the rise and so is police brutality, but with one we may be able to remedy the other. Police body cameras have been in use in certain police departments across America since 2012. Ever since the controversial death of Mr. Michael Brown the idea of body cameras has exploded into a legal race for control over videos that don 't yet exist. There are a spectrum of views regarding the public’s access to these videos which the LA…

The recognition and enforcement of foreign judgments in the United States can be a quite confusing and complex matter. To begin with, every judgment not from the state in which enforcement is sought, is considered a “foreign judgment” regardless of whether the judgment is from another state within the United States or a foreign country. Luckily for foreign judgments from sister states, the Full Faith and Credit Clause of Article IV, Section 1 of the United States Constitution applies.…

Racial profiling refers to law enforcement officers made solely on the basis of race behavior. Racial profiling based on race, and a cross-sectional drawing is based on the behavior of the offender. The need to eliminate the practice of racial profiling to make practical suggestions. Each region of the world the phenomenon of racial profiling exists. Racial profiling statistics are very important to help determine the severity of the problem, the general trend as well as the best way to combat…

Words have incredible power. Harriet Beecher Stowe strung together thousands of words to create a piece of literature that would rock the nation. In the 1800s, slavery was expanding all over the nation, primarily in the South. Although there were several statutes and laws to regulate the activity of slavery, it was still trapping thousands of people in inhumane circumstances. Needless to say, Harriet Beecher Stowe would soon shed some light on the topic and reveal the human costs of slavery.…