Ato Kwamena Dadzie Must Answer Charges Jul 23, 2010
The point of the preamble is that, there is a precedent setting case elsewhere in common law, but we in Ghana think that the so-called freedom of the press means that journalist can write whatever they like and get away with it, even if their publications are irresponsible. Obviously, freedom of the press is a vital ingredient in a democratic dispensation, no doubts. (Ghana Web, Ghana)
Now, law schools open to third sex Jul 23, 2010
The idea of including 'Others' in applications will be placed before the Common Law Admission Test (CLAT) committee. "We planned to include it this year itself but CLAT forms had already been issued. The proposal will be put before the committee which may meet in October or November and see that adequate space is given to them," Venkata Rao said. (India Times, India -- Community News)
Fiscal policies the key to investors' votes Jul 22, 2010
So much for common law protection. And people wonder why the welfare state keeps growing. (Sydney Morning Herald -- Business)
A Brief History Of International Gay Marriage Jul 22, 2010
Unlike the United States and Great Britain, which abide by the common law system, nine of the ten countries that have legalized gay marriage operate under the civil law system. That tradition, which traces its roots to the Roman Empire and places less of an emphasis on legal precedence, was the basis of the Napoleonic code, created by the French leader to subvert the Church. (Time.com)
Kagan Promoted Shariah Law at Harvard Jul 22, 2010
" Indeed, when Harvard President Larry Summers -- now in the Obama administration -- accepted a $20 million donation for the creation of a program of studies of Islam's history and Shariah Law, Kagan raised no objection. The donation came from Saudi Prince Alwaleed bin Talal, a billionaire investor whose contribution of $10 million to the Twin Towers fund was refused by New York Mayor Rudy Giuliani because bin Talal had blamed the 9-11 attack on American foreign policy. Harvard Law School now... (Human Events Online)
If Indecency Is Unconstitutionally Vague, Why Isn't Obscenity? Jul 21, 2010
They knew what sodomy was, and that at Common Law it was punishable by death (as was blasphemy). But of course, we're so much wiser nowadays than those benighted old bigots. (Townhall.com)
Australian PM, 3 weeks on job, calls Aug elections Jul 18, 2010
Gillard, Australia's first female premier, is a Welsh-born atheist with a common law partner. She says she chose career over children -- a decision for which she has been criticized by political opponents as unfit for leadership -- and repeatedly denies that the left-wing politics of her 20s had ever been communist. (WSVN-TV Miami, FL)
Defying Church, Argentina Legalizes Gay Marriage Jul 16, 2010
Brazil recognizes some same-sex unions on the basis of what would be called common law in the U.S. and other countries; and such common law couples receive most of the government benefits heterosexual couples have, including insurance, inheritance and pension. Both Mexico and Brazil are predominantly Catholic countries, though neither has designated Roman Catholicism as its official religion. (Time.com)
Castro, Obama and the Rule of Law Jul 13, 2010
It is evident from his writing that in defining a citizen of the United States and a natural born Citizen, Ramsay did not look to English common law but rather to natural law, the law of nations, and Vattel, Sec. 212. Barack Obama is a poser and a usurper, and he and those within the government who installed him as president need to be removed from office. (Townhall.com)
3rd Circuit Green-Lights State Tort Action by Airline Passenger Jul 10, 2010
In the absence of a controlling federal safety regulation, Elassaad argued, state negligence law governs an air carrier's duty of care in that situation, and the failure of Independence to offer him aid constituted negligence under Pennsylvania common law. Ludwig sided with the airline, holding that the 3rd Circuit's decision in Abdullah dictated the standard of care for Elassaad's negligence suit, and that the ACAA imposed no affirmative duty to offer assistance to a disabled airline passenger. (Law.com)
How many millions will Atlanta favoritism cost us? Jul 10, 2010
Under common law and common sense, a campaign contribution to a politician who gains public office is a bribe; a request for a campaign contribution by a politician who may gain public office is extortion. Politicians are exempt from common law, and campaign contributions are tax deductible. (Atlanta Journal-Constitution -- Opinion)
As Takeover Bid Grows, Airgas Continues Cravath Fight Jul 10, 2010
"Airgas' claim for breach of fiduciary duty under Pennsylvania common law is based solely on an alleged violation of the Rules of Professional Conduct (the Ethical Rules)," Cravath said in its memorandum. "The law is clear, however, that violations of the Ethical Rules (assuming that such violations could be established) 'do not per se give rise to legal actions that may be brought by clients or other private parties.'". (Law.com)
Rethinking the Declaration of Independence Jul 4, 2010
Though on the books, the Magna Charta was often ignored by more powerful English monarchs, but several of its provisions became the basis of English common law, most notably the writ of habeas corpus. SHARE THIS: 0. (Townhall.com)
Why gun ruling is a teachable moment Jul 1, 2010
(No one would argue that the Seventh Amendment's unincorporated right to common law suits "where the value in controversy shall exceed twenty dollars" was the equivalent of free speech. But most felt that incorporation was at an end, until two years ago. (CNN -- US)
Kagan Was My Dean at Harvard Jun 28, 2010
He s a common law devotee, and true constitutional construction is anything but common law in terms of orientation (it is interpretation of that which has been codified, not bringing one s vague moral code to bear). Don t be fooled. (Human Events Online)
Commenters, publishers in legal wild west Jun 27, 2010
In the case of online comments, on the one hand, there is the freedom of speech, and the freedom to speak anonymously the DNA of a republican democracy; on the other, the fundamental common law principle that you have a right not to be libeled and if you are, then you have a remedy against someone who libels you. American law is starting to find the balance between these competing interests. (Boston Globe -- Editorial)
Shearin Construction faces SRPSA on July 12 Jun 23, 2010
The counterclaim seeks damages from Shearin Construction alleging "Breach of the Virginia Fraud Against Taxpayers Act" and "Breach of the Virginia Public Procurement Act." It also seeks damages from both Shearin Inc. and Jeff Tharpe for "Actual Fraud in the Inducement," "Constructive Fraud in the Inducement," "Common Law Conspiracy," "and Breach of Contract." The counterclaim also accuses Jeff Tharpe with "Tortious Interference with Contract.". Thalle Construction Company was ultimately paid 5... (Brookneal Union Star, VA)
The Liberal Mythology of the "Activist" Supreme Court Jun 23, 2010
If you are talking about eliminating judicially-created legal precedent, or "common law" principles, this has largely been done in American law. There are no criminal offenses which are not in a statute, and nearly all civil actions are based on legislative sources as well. (Townhall.com)
Florida Beach Preservation Program Upheld Jun 19, 2010
Under Florida common law, owners of beachfront property traditionally own the beach up to the mean high-water mark. Submerged land beyond that is state-owned property. (Realtor Magazine Online)
Lawyer compares same-sex marriage fight to rights struggle Jun 17, 2010
Even state courts that have ruled their constitutions allow same-sex marriage have acknowledged that their rulings changed the definition of marriage as it is rooted in common law, Cooper argued. In papers filed with Walker on Tuesday, Proposition 8 proponents said it was not discrimination for voters to approve a version of marriage that has been a fundamental, definitional feature of that institution throughout history at common law, in this country and, almost without exception, in every... (Boston Globe)
California Gay-Marriage Trial Wraps Up... Jun 17, 2010
So "gay marriage" would have power to corrupt/distort the meaning of parenthood and the natural parent-child bond for heterosexuals, for whom the significance of the parental tie has always been an element of natural law and Common Law. "Gay couples," which must necessarily pilfer their "children" from at least on other parent, would basically force a devaluation of the parent child bond. (The Drudge Report)
No deal between Stieg Larsson's partner and heirs: family Jun 16, 2010
Even though Larsson and Gabrielsson were a couple for 32 years, there is somewhat surprisingly no common law marriage in progressive Sweden. Swedish public opinion has been sympathetic towards the woman seen as his widow after being excluded from the riches of his publishing phenomenon. (Yahoo! Asia News)
Explosive argument behind defamation reasoning Jun 15, 2010
The senior judge, Justice Peter McClellan, the chief judge of common law in the NSW Supreme Court, found against Trad, and found him to be a witness of little credibility, a m 00004000 an of extreme views and, in summary, ''a disgraceful individual. Such was Trad's performance under oath that on Friday the counsel for the defence, Richard McHugh, SC, delivered this devastating portrayal of his credibility under oath: ''[Trad] attempted to evade responsibility for his statements by claiming he... (Sydney Morning Herald -- Opinion)
- PLANET POP Jun 14, 2010
The petition said even though Coleman and Shannon Price were divorced in August 2008, she is still his common law wife and that she should be the one to make funeral arrangements ... He called the argument that Price is still Colemans common law wife an interesting theory. (Taipei Times, Taiwan -- World)
Gary Coleman's ex-wife, Shannon Price, seeks estate Jun 13, 2010
The petition filed in 4th District Court in said even though Coleman and Shannon Price were divorced in 2008, she is still his common law wife and that she should be the one to make funeral arrangements. Price referred to Coleman as her husband when she called 911 on May 26, saying the actor had fallen and was bleeding severely from the back of his head. (USA Today -- Life)
Calls for privacy reform follow Facebook brothel threat Jun 9, 2010
"The Naomi Campbell and J.K Rowling cases were based on common law - that is the judge made law - similarly that applies here.". In light of the Campbell case, Mr O'Gorman encouraged Deviations owner Jim Welch to seek an immediate Supreme Court injunction to prohibit the Facebook group publishing photographs of brothel clients. (Sydney Morning Herald -- Technology)
Justice Iftikhar Muhammad Chaudhry says deletion of clause on rights of minorities was `criminal negligence` Jun 9, 2010
He said South Africa was the only country in the world, which followed common law. He said the history of South Africa was littered with different conflicts, adding that German influence over the South African constitution could not be overlooked. (Daily Times, Pakistan)
Impeachment -- What Are We Waiting For? Jun 8, 2010
" High crimes and misdemeanors became part of the text of the Constitution thanks to both George Mason and James Madison. Mason had argued that the reasons having been given for impeachment - treason and bribery - were not enough. He worried that other "great and dangerous offenses" might not be covered, so Mason then proposed that high crimes and misdemeanors be added to cover any and all of these transgressions. High crimes and misdemeanors was a phrase well-known in English common law in the... (Human Events Online)
Firm Loses Indemnification Bid in N.Y. Malpractice Suit Jun 5, 2010
In a decision Tuesday, Manhattan Acting Supreme Court Justice Marcy Friedman ruled that DLA Piper was not required under contract or common law to contribute to any judgment in the case against and the lawyer, Alfred Ferrer III.. A former client of Ferrer's, Steven Tanger, sued the lawyer and the Eaton firm in 2005 for allegedly committing malpractice while representing him and his wife in a series of landlord-tenant actions involving Solow Management Corporation. (Law.com)
Alleged 'Other Man' Had Duty to Tell Husband if He Had Herpes, Says Judge Jun 5, 2010
On a motion to dismiss, Colabella refused to throw out Mr. Levine's common law negligence claims. He noted that the "judicial resistance" to expanding a common law duty "grows out of practical concerns both about potentially limitless liability and about the unfairness of imposing liability for the acts of another.". (Law.com)
Translating the Code Words of "Comprehensive Immigration Reform" Jun 4, 2010
If this statute merely reaffirmed the old common law rule of citizenship by birth then the condition of the parents would be entirely irrelevant. (federalistblog. (Townhall.com)
The Washington Times Jun 3, 2010
British common law, however, is an important source of American law, and it indicates that if your parents are residing in the U.S., just being born here to is enough to make you a natural born citizen. That, at least, is the view the Supreme Court took in the 1898 case of Because the case wasn't really about that issue, and the discussion of natural born citizenship was a digression, today's courts wouldn't be bound by that opinion -- but they'd certainly give it quite a bit of weight, more... (Salon)
Fried Frank Expands Litigation Practice into the UK Jun 3, 2010
In addition to his extensive arbitration practice, Mr. Cherryman retains his rights of audience in the Higher English Courts and has represented clients in the Court of Appeal and the House of Lords (now the Supreme Court) and in the courts of other common law countries. He has substantial cross-border experience, having also handled arbitration and litigation matters in a number of non-UK jurisdictions. (Canada Newswire)
Bank 'right to close accounts' Jun 1, 2010
The high court accepted the bank had, in terms of its contract with Bredenkamp and the entities and in terms of the common law, the right to close the accounts with reasonable notice. It dismissed the application. (iAfrica.com)
High Court 'Exxon' Ruling Targeted in Wake of Gulf Oil Spill May 29, 2010
"The decision rests on federal common law not constitutional law," said Jeffrey Fisher of Stanford Law School, who argued on behalf of Baker in the Supreme Court. "Congress can always trump common law by passing a statute. In that sense, there's no doubt of its authority. Once Congress steps in and says, 'We've thought about this and it's what we want,' the Court goes into sort of its criminal law mode, which is to give significant, but not unlimited deference.". (Law.com)
Crash victim awarded R5m May 29, 2010
"What makes this worse is that she would not have been able to recover the balance of her damages from the wrongdoer directly as the amendment act abolishes victims' common law rights to do so.". Fortunately the Law Society and Personal Injury Lawyers' Association would continue their legal battle to challenge these unjust amendments, which affected all road users, Bobroff said. (iAfrica.com)
Evaluating the Determinants and Nee... May 27, 2010
The common law for instance prohibits the payment of dividends out of capital amounts even where the entity s memorandum of association and articles of association allows. Further legal provisions such as those of Section 263 of the UK s Companies Act 1985 prohibit dividends payment from distributable profits when such perturbs the equilibrium between the net worth and capital amounts of the firm. (Suite101.com)
Judge fines messy neighbor $143,480 May 26, 2010
He claimed the board of county commissioners was not a sovereign entity and lacked any authority over the use of his property without a contract; he claimed "common law jurisdiction" and unsuccessfully filed a petition to remove Skavdahl from the case on the grounds of bias and prejudice. During the trial, Corrigan denounced Skavdahl as a traitor to his oath of office and objected to Knight's prosecution of the case, photos of his property, letters sent to him by the county's development... (Casper Star-Tribune, WY)
Suing companies: On top of a wave May 26, 2010
Regardless of what happens to efforts in Congress to raise this cap to $10 billion, this legislation may not constrain tort lawsuits under state or common law, argues Alex Tabarrok, an economist at George Mason University. The point of the OPA was not to limit tort law but to supplement it. (The Economist)
Vets Don't Like Kagan May 22, 2010
Brandon:By definition, judges make law; it is called common law ... Laws are living under common law, they are not static ... It seems that you are confusing legislating with making common law. (Missourian Publishing, MO)
NAB gives refunds for late penalties May 15, 2010
If there were numerous complaints about these exception fees over the seven years they where charged, then it is surprising the overcharging was not detected over such a long period of time," Mr McLernon said yesterday. In 2002 and 2003 NAB raised the exception fee rates on business accounts, but charged many personal clients who also held business accounts $50 instead of $30. In the past three weeks NAB has been quietly refunding this money to existing clients, while mailing out cheques and... (Sydney Morning Herald -- Business)
High Notes at the High Court in Annual Musicale May 15, 2010
The issue was whether the common law definition of forgery included printed fakery, or was limited to handwritten items. The Court ruled in favor of the broader definition. (Law.com)
A Teachable Moment May 14, 2010
But those programs would eventually have to be adjudicated in the courts, which meant judges would ultimately rule over vast areas of life that the Constitution had left either to the political branches or to private ordering under the common law. And since much of that adjudication would require judges to make not legal but value judgments, it would be important to know just what values they would bring to the court. (The American Conservative)
Law plan would remove juries from more trials May 13, 2010
That same year, the Chief Judge of the Common Law Division at the Supreme Court, Peter McClellend, told a judicial conference that by 2020 there would be judge-alone trials for all but the most serious cases. Join the conversation. (Sydney Morning Herald -- Australia)
An Unwritten Constitutional Crisis May 11, 2010
The government operates based on a serious of laws, court rulings and official agreements, and commonly accepted practices (common law) which have stood the country in good stead over the past 750-or-so years. As an example, in the British system no bill can become law without the approval of the Sovereign - known as the principle of Royal Assent - from which the concept of the power of a U.S. President to veto a bill adopted by Congress derives. (Townhall.com)
In Your Face May 11, 2010
Religion is the worst possible excuse for any exception to the common law. Mormons may not have polygamous marriage, female circumcision is a federal crime in this country, and in some states face prosecution if they neglect their children by denying them medical care. (Slate)
Zuckerman Suit Proceeds Against Madoff Fund Operator May 11, 2010
Lowe sustained Zuckerman's common law fraud claim, finding it alleges "misrepresentations of a present known fact -- that Merkin had delegated complete control and investment discretion" of one of his hedge funds to Madoff. Lowe, however, dismissed claims by Zuckerman against BDO Seidman, which audited Merkin's Ascot fund. (Law.com)
Ambush marketers are the World Cup's unofficial official sponsors May 11, 2010
Fifa will also rely on the Copyright Act and common law remedies to protect itself and its sponsors. In addition, Fifa will undoubtedly rely on the Advertising Standards Authority Code of Advertising Practice to curb any unauthorised association with the event. (Business Report, South Africa)
Executive Headhunters as Agents: Th... May 9, 2010
The contract for services between the employer and the employee, like any contract, is subject to implied terms at common law. For example, in any contract, there is an implied term that both parties must act in good faith. (Suite101.com)
Parent Can Sue Ex for Turning Children Against Him May 8, 2010
Law Division Judge David Rand dismissed based on the Heart Balm Act, which abolished the common law rights of action for alienation of affection, criminal conversation, seduction or breach of contract to marry. He also found Segal failed to make out a claim for infliction of emotional distress and that the entire controversy doctrine precluded the claim because it was not raised in the Family Part. (Law.com)
Kendra Wilkinson Fighting Release of Sex Tape May 7, 2010
"Any exploitation of the video would be a gross violation of Miss Wilkinson's constitutional and common law rights of privacy.". Sources told the website that Wilkinson, a former Playboy model, knew about the video but that she made it with a man she trusted and didn't think that it would be released to the public. (CBS News -- Entertainment)
A bout three eons ago I asked the PROBE if they could find out how much money the Board of Supervisors spent on its ridiculous attempt to join in the defense of Proposition 8. I still pay taxes in the Valley, and I suspect there are many others who, like me, would like to know how much the board spent for lawyers’ fees, hotels, per diem, including the time used by County Counsel to prepare this evil exercise in bigotry to keep poor old Leimburger quiet in his rocking chair. PROBE thought it more important that someone was overcharged 5 cents, or what is common law marriage. No wonder the Valley will always be little more than a fiefdom for the old right-wing nutcases nurtured there. As always, the IV Press fears the loss of your right-wing advertisers if you upset the old guard. Thanks for nada. — Valley Ex-Pat, El Cajon'>Supes spending too much? May 6, 2010
PROBE thought it more important that someone was overcharged 5 cents, or what is common law marriage. No wonder the Valley will always be little more than a fiefdom for the old right-wing nutcases nurtured there. (El Centro Imperial Valley Press, CA)
From Politico May 4, 2010
They use the military or admiralty flag" (with yellow fringes). For a discourse on this try this website: http://www.usavsus.info/ Party: Independent Reply #12 May. 3, 2010 - 8:02 AM EST OVERVIEW OF RESTORE AMERICA PLAN (RAP) The United States exists in two forms: 1. The original United States that was in operation until 1860; a collection of sovereign Republics in the union. Under the original Constitution the States controlled the Federal Government; the Federal Government did not control the... (Harper's Magazine)
Suddenly, bank account was gone May 2, 2010
It is called the right of setoff or offset, a long-accepted practice dating to early English common law. When the right of setoff is applied to bank accounts, it works like this: When consumers place money in bank accounts, they are basically agreeing to let the bank borrow the money, with a promise to repay, usually backed by the Federal Deposit Insurance Corporation. (Atlanta Journal-Constitution -- Metro)
Young Mother Found Shot Dead In Home Apr 29, 2010
But instead of calling for help, police said the boy called Kelch's common law husband who was working out of town. He then called police, said DeGeare. (KERO 23, CA)
Taliban Gone, Pakistan Area Still Wants Islamic Justice Apr 26, 2010
The introduction of the Pakistani common law was an unwelcome development, leading to popular discontent ... But all that may not be enough for many who simply don't want Pakistani common law in the district. (Time.com)
I heard a lawyer on KFI AM 640 say when a couple lives together (however many) years, they are considered legally married, and if they split up, they have to get a divorce. Is this true? Does this affect Social Security in any way? Thank you for your answer. — Common Law Woman, Brawley'>Common law marriage Apr 24, 2010
Common law marriage - Imperial Valley Press Online - Probe ... Common Law Woman, Brawley - The Imperial Valley Press, the source for news and information for the Imperial County, CA, covers both the Imperial Valley and Mexicali, Baja California ... While common law marriage is not recognized in California, unmarried parties who have a relationship over a period of time do have property rights. (El Centro Imperial Valley Press, CA)
Suit targets 'Handmade by God' Apr 23, 2010
" He says he trademarked it first. Gross, who said in his filing that he spent more than $1.3 million in marketing his trademark, said her phrasing is too close to his and, because they both sell items aimed at reminding people about God's role in their lives, it's too confusing to the average person. "A year ago, she agreed to go away," Gross said, recounting an agreement he said both sides reached last year after he sent Nicholson and her attorney a cease and desist letter. Nicholson doesn't... (Atlanta Journal-Constitution -- Business)
California Realtors Introduce New Purchase Contract Apr 20, 2010
In the new contract, the provision related to the removal of contingencies or cancellation adds the clause that such actions must be "exercised in good faith." Now, as it stands, common law requires of all contracts an implicit covenant of "good faith and fair dealing." Will the addition of explicit albeit vague language result in better performance by principals. Maybe; maybe not. (RealtyTimes)
Medical Monitoring: 25 Years Later Apr 17, 2010
Additionally, district courts deciding several beryllium cases in Pennsylvania found that exposure alone did not constitute a "significantly increased risk of contracting a serious latent disease," an element required by Pennsylvania common law to secure medical monitoring relief, and therefore granted summary judgment. Thus, even in those jurisdictions where medical monitoring (either in the form of damages or an independent cause of action) technically appears available, many courts remain... (Law.com)
A Super-Powered FTC Should Scare Advocates Apr 15, 2010
Sounds like the author is more concerned with the current ability of content providers to arbitrarily redefine the centuries of common law, spy on users, and plant malware (Sony's CD rootkit trojan, which killed cd and dvd players when removed from computers, springs to mind) than he is about protecting the public from the malignant machinations of the content and service providers. His last line is especially typical of more right-wing agitprop composers. (CBS News -- Opinion)
re:Apparently Some One is Afraid of the Tea Party Apr 13, 2010
But want freedom and liberty and the restoration of God and the Constitution and to know the way to accomplish the reestablishment of common law for the people. If you'd just go and meet and see. (New Iberia, LA)
Weighty questions indeed for Supreme Court pick Apr 13, 2010
Today s Justices must exhibit the ability to navigate among common law, case law and statutory law. It is essential they understand the relationship between these aspects of our jurisprudence in order to be effective on the court. (Atlanta Journal-Constitution -- Opinion)
N.C. Bar examines Halifax Resolves Apr 11, 2010
Rives lecture, Halifax Resolve: An Exemplary Application of the English Common Law from Runnymeade to Philadelphia, focused on the April 12,1776, meeting of the Fourth Provincial Congress in Halifax ... He shared the Halifax Resolves were foreshadowing of the Declaration of Independence and progressed the English common law into what is now the present body of law. (Roanoke Rapids Daily Herald, NC)
The Peace Lady litmus test (10) Apr 10, 2010
celeste winders wrote on Apr 9, 2010 11:25 PM:" Well if she wasn't performingfor tips she should! it is the art of Busking and in the United States it is perfectly legal! Busking: Busking is the practice of performing in public places for tips and gratuities. People engaging in this practice are called buskers. Buskers may also be known as street performers, street musicians, minstrels or troubadours.Furthermore....In the United States under Constitutional Law and most European common law, the... (Sonoma Index-Tribune, CA)
