113,641 research outputs found
Transnational Hindu law adoptions: recognition and treatment in Britain
No full textPublisher version: http://journals.cambridge.org/action/displayFulltext?type=1&fid=5915788&jid=IJC&volumeId=5&issueId=02&aid=5915780This article examines how the adoption of children under Hindu law in India is regarded by British private international law and immigration law. Through an analysis of case law, it focuses particularly on how British judges regard the legitimacy of exclusion by the British immigration control system of children who have been adopted under a ‘foreign’ legal system which essentially permits private adoption arrangements. Examining the background to the regime of Indian Hindu law adoptions (which applies to Sikhs as well as Hindus), and the private international law and immigration rules which apply to such adoptees in the UK, the article finds some evidence in the judicial decisions of a more activist, human-rights-based, plurality-conscious position being taken. However, tracking the case law further, the article concludes that such activism has not been followed through in more recent decisions leaving the conflictual position between transnational adopters and British legal systems largely unresolved
The vanishing author in computer-generated works: a critical analysis of recent Australian case law
No full textAbstract
The use of software is ubiquitous in the creation of many copyright works, yet the requirement in copyright law that every work have a human author who engages in independent intellectual effort means that its use may prevent copyright subsistence. Several recent Australian cases have refocused attention on authorship as an essential criterion of copyright subsistence, and these cases suggest that much computer-produced output may be authorless and thus lack copyright protection. This article, the first in a two-part series, analyses how each case deals with the question of authorship of computer-produced works and why the use of software diminishes copyright protection for a significant number of computer-generated works. The article critiques the application of conventional notions of human authorship developed in the pre-computer age to modern productions and suggests alternative approaches to authorship that satisfy both the major objectives of copyright policy and the need to adapt to the computer age. The article argues that, without a broader judicial approach to authorship of computer-generated works, Parliament must remedy the lacuna in protection for these ‘authorless’ works. Possible solutions for reform are suggested. In a forthcoming article, the author comprehensively examines those reform proposals
Encounters between legal systems: recent cases concerning Islamic commercial law in secular courts
No full textNicholas H.D. Foster, School of Law, School of Oriental and African Studies, University of London considers questions concerning Islamic law, including its suitability for the modern commercial world and the appropriateness of western-style courts for enforcement of the shari'a. An article published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London)
The Rule of Law: A Currently Incoherent Idea that Can Be Redeemed Through Virtue
No full textThe article discusses the author\u27s contention that the rule of law in places such as America can be redeemed through virtue as of 2015, and it mentions inconsistent understandings of the nation\u27s rule of law, as well as several historical contributions from individuals such as the late philosophers Plato and Aristotle regarding the idea of the rule of law. Substantive (positive) legal rights are examined, along with judicial review and prosecutorial discretion
Nicholas Chokan (Dr. TeLinde)
No full textNicholas was proud and honored to be a part of this project. As fate would have it, he and Henrietta share the same birthday. Nicholas is a Theatre major at Cleveland State University. His recent credits include; Rabbi Azrielke in The Dybbuk, Rod in Lysistrata, and Virgil Blessing in Bus Stop all at CSU. Nicholas would like to thank all the cast and crew for their hard work and dedication to this thought provoking and necessary production
Federal Communications Commission v. Consumers\u27 Research: Brief of Julian Davis Mortenson and Nicholas Bagley as \u3cem\u3eAmici Curiae\u3c/em\u3e in Support of Petitioners
No full textJulian Davis Mortenson and Nicholas Bagley are professors at the University of Michigan Law School. Mortenson is a specialist on the history of executive authority and the separation of powers. Bagley is a leading scholar in administrative law. They are the co-authors of Delegation at the Founding, 121 Colum. L. Rev. 277 (2021), a leading article examining Founding- era constitutional principles regarding legislative delegations of authority, and Delegation at the Founding: A Response to the Critics, 122 Colum. L. Rev. 2323 (2022)
Nicholas Mazzone interview, 24 July 2013
No full textNicholas Mazzone talks about growing up in Cleveland\u27s near west side and the clubs and tensions of the 1960s and 1970s
Nicholas Falcone, Labor law, 1962
No full textChanin Judith. Nicholas Falcone, Labor law, 1962. In: Sociologie du travail, 5ᵉ année n°2, Avril-juin 1963. pp. 204-205
FSU Law Focus - 09/17/2021
No full textFrom the Dean: Florida Gubernatorial Fellows; Hamill Joins Law School; Alum Profile: Joseph R. Salzverg (\u2715); Student Profile: 3L Nicholas Concillahttps://ir.law.fsu.edu/fsu-law-focus/1110/thumbnail.jp
Europeanisation of Contract Law and its effect on Third Countries: Egypt case
No full textThis dissertation examines the impact of European drafting methodology and resulting legislation and case judgments on the development of contract law in other countries, particularly Egypt. The author explains the historic background, distinguishing features of the Common Frame of Reference and Draft Common Frame of Reference, effect of EC judgments (in Tort law, Contract law and Company law) and European Court of Human Rights decisions, with analysis of matters such as agency, distribution, and assessment of damages
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