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Essays 151 - 180

Tracing Proprietary Claims on Sham Trusts under Common Law and Equity Law

this is an approach which is particularly applicable to chattels which are easier to identify as specific items (Martin and Turne...

Advocacy and Homelessness

not always available in certain expensive areas. Such individuals could move or rent a room in a private home or move in with rela...

Is There an Incompability Issue Between the European Convention for Human Rights and Adverse Possession?

had abandoned or dispossessed the land. This was seen as legalising the theft of land where an owner did not exercise their rights...

1990 Case of the US Supreme Court v. Employment Div., Ore. Department of Human Resources v. Smith, 494 US 872

for ingesting peyote, a hallucinogenic drug. This was not recreational drug use, however, but rather, for sacramental reasons as p...

Theories of Feminism and Law

at how this can be applied in critiquing the law. If we consider the concept of the law under critical legal studies the approach ...

Australian Courts and Statutory Interpretation

are not necessarily the same words (or meanings) and as a result, the photographer can argue that the purpose of the import was no...

Women's Rights and W.E.B. Du Bois

noble nature against the blighting American cast prejudice". (Ferris, 1913, pg. 599). DuBois recognized...

Problems in the State of California and Citizen Responsibility

law that requires that three time offenders are automatically sentenced to life after their third crime, is one of these addresses...

Capitalist Model and Union Prosperity

society. Still, others see the answer in more government control, but not necessarily a communist society. All of the theorists ...

Rights of Third Parties, Privity, and English Contract Law

a contract we can see that this was allowed under Dutton v Poole (1677) 2 Lev 211 (Flannigan, 1987). This is also referred to by D...

Preschool Children Vision Screening II

2003 in Pediatrics, the journal of the American Academy of Pediatrics. The professionals comprising the Committee stress that ear...

Class Rights Variation and Corporate Control

example, preference shareholders will still usually have the rights to attend meetings, even where voting rights are not held. Thi...

Church and State Views of Thomas Jefferson

believe in freeing slaves, and he was "stuck" with their decision. The student may consider the fact that President Jeffer...

Businesses and International Law

the seeking of an injunction and force compliance with the law (August, 2000). There is also the potential for action to be bro...

Food Related Illnesses and California Law

contact surfaces or equipment and code 12275 provides specific examples of acts which are to be prevented in regard to employee ha...

Australia's International Arbitration Law and Commercial Arbitration Law

and Enforcement of Foreign Arbitral Wars (the New York Convention), the UNCITRAL Model Law and the Convention on the Settlement of...

Creation and Development of the Equity Law

They litigants would be able to move across the hall from one law court to the Lord Chancerys division to try and get justice when...

Law Choice and Applications in International Commercial Disputes

a decision which is based ion evidence resented to them, and without the use of their own knowledge of a matter (Goode, 2000)....

Creation of Equity Law and Its Common Law Relationship

may be heard and judged to be in favour of a plaintiff or a defendant, but the ruling would be incapable of dispensing justice due...

Internet Tax Resources

Code Collection Cornell University (2004). Retrieved on October 11, 2004 from http://assembler.law.cornell.edu/uscode/html/uscode2...

Hindu Society and Women's Roles

are not to be allowed any form of independence - they cannot even undertake religious fasts on their own initiative, but must join...

Reforming Corporate Law and English Company Law Modernization

been tackled (Card et al, 1998). In the recent white paper it is also only this area which has received attention, stating that if...

Civil Rights, the Supreme Court, and the Administrations of Lyndon B. Johnson and Richard Nixon

which Brown was grounded rested "solely on the Fourteenth Amendment to the Constitution" (1977, p. 306). Warren also points out t...

California Family Code and Property

kicked in. In this way, the value would be calculated for the 10 years prior to the marriage during which the husband owned the pr...

The Laws Governing Adoption and Child Protection in England

human life; as such, a legal shift in focus took place in order to provide them with more emphasis toward rights over and above pr...

Mistakes in United Kingdom's Common Law

the case given that this is a matter of common mistake (McKendrick, 2000). In this case the agreement can be seen as fulfilling t...

Issues in English Employment Law

entitled to a long notice period or the employee is entitled to a valuable remuneration package (DiscLaw Publishing Ltd, Wrongful,...

Law, Austin, and Hart

Austin has built this particular theory into what he calls "positivism," which is defined as what the law is, or, in more legal te...

Powerless and Advocacy Importance

"In an era when money counts and very little else does" (Murchison, 1998, p. 25A), humanity has become transfixed with gaining exo...

Evaluating the Fairness of Megan's Law

headline: "High-Risk Sex Offenders Identified: Post Reporter, 2 Ridge Residents on List" (Sheppard, 1997, p. 37). On July 7, Mei...