common law cases australia
- Comparative Jury Procedures: What a Small Island Nation Teaches the United States About Jury Reform
INDIVIDUAL RIGHTS UNDER STATE CONSTITUTIONS IN 2018: WHAT RIGHTS ARE DEEPLY ROOTED IN A MODERN-DAY CONSENSUS OF THE STATES?
...(34) Wyoming's constitution uses a common Blaine Amendment text saying that "[n]o money of ...: and no warrant ought to be issued but in cases, and with the formalities prescribed by the laws. ...(326) Canada and Australia have also abandoned the use of civil jury trial. ...
Exclusivity Without Patents: The New Frontier of FDA Regulation for Genetic Materials
Over the last twenty years, the legal and scientific academic communities have been embroiled in a debate about the patent eligibility of genetic materials. The stakes for both sides could not be higher. On one hand are the potential multi-billion dollar profits on the fruits of research (from newly discovered genes), and on the other is scientists’ ability to continue and expand research into...
PANDORA'S DIGITAL BOX: THE PROMISE AND PERILS OF DIGITAL WALLETS.
...(In some cases, the wallet is both bank-and brand-specific.) ...Still, as Chip transactions become more common, fraudsters are likely to concentrate their ... mandates in Europe, Canada, and Australia. (130) . Even without technology mandates, ...
- The Federal Trade Commission as an Independent Agency: Autonomy, Legitimacy, and Effectiveness
A comparative look at plea bargaining in Australia, Canada, England, New Zealand, and the United States.
ABSTRACT . In a world, where the vast majority of criminal cases are resolved through some means other than the popularly depicted criminal ... Article examines the applicable practices and procedures in the common law nations of Australia, Canada, England, New Zealand, and the United ...
In re Federal Bureau of Prisons' Execution Protocol Cases, 040720 FEDDC, 19-5322
... imposed." 18 U.S.C. § 3596(a). It is common ground. that this provision requires the federal government to ... Nat'l Australia Bank Ltd., 561 U.S. 247, 270 (2010). DOJ urges us to give the FDPA ...
Renewable Energy Targets in the Context of the EU ETS: Whom do They Benefit Exactly?
... emission reductions by cap-and-trade in Australia. The authors find a moderately progressive ... good electricity which is traded at a common market price. The production technologies differ ...C[O.sub.2] emission rights are in both cases modelled as a commodity in fixed supply. ...
766 F.3d 1013 (9th Cir. 2014), 10-56739, Doe v. Nestle USA, Inc.
... as " the birth of the modern line of [ATS] cases." ). The Second Circuit in Filartiga reasoned ... been enacted on the understanding that the common law would provide a cause of action for the ...National Australia Bank Ltd ., 130 S.Ct. at 2884. Morrison 's ...
THE INTERNET OF BODIES.
... can increase total market welfare in some cases, especially in comparison to monopoly pricing; it ...For example, a team of researchers in Australia is currently working on ingestible electronic ... and negligent misrepresentation, (436) and common law strict liability (437) surviving preemption ...
REGULATION AND THE NEW POLITICS OF (ENERGY) MARKET ENTRY.
..., (3) to prevent a wasteful tragedy of the commons (oil and gas law), (4) and to force companies to ...(17) The seminal cases in modern environmentalism--cases like Sierra ...The Australian Medical Association says that "[t]he available ...
Judicial comparativism and judicial diplomacy.
... controversial or politically sensitive cases, provide a "kind of safe harbor" from criticism ...--namely, the distinction between common law and civil law jurisdictions. Neither legal ... the HKCFA and former Chief Justice of Australia, has explained: . For a newly established court ...
A critical reflection on Oyu Tolgoi and the risk of a resource trap in Mongolia: troubling the 'resource nationalism' frame.
... "bust" phase of the cycle, particularly in cases where further debt obligations are incurred on ...However, there is a catch: as a common - vs. preferred stakeholder, the Mongolian ... Pty Ltd and School of Economic Studies Australia: Online) Accessed 26/08/2013. . Frangos, A. and ...
Patents, Property, and Prospectivity.
...Neither is takings law, which is commonly applied to solve similar problems that arise in ... should exercise this discretion in the many cases where forward-looking change is called for but ...(208) Similarly, in 2013, the Australian legislature passed a law altering the rules ...
TOWARD A NEW LANGUAGE OF LEGAL DRAFTING.
...1.1. What got me thinking . A common experience of being a lawyer that you don't think ...(12) In most cases the lawyer doesn't bother, which affects both the ... al., Standard Forms of Contract in the Australian Construction Industry, The University of ...
588 F.3d 245 (4th Cir. 2009), 08-1945, Maxwell v. Maxwell
... and Kristina Maxwell met and married in Australia in 1999, and shortly thereafter moved to ... or in the alternative failing to apply the common law principle of estoppel to prevent Kristina ... parental intentions in Hague Convention cases. See Papakosmas, 483 F.3d at 622; Gitter, ...
Reclaiming Economic Legacy: One Legal Strategy for a 2022 Fifa World Cup USA
A proposal on how the USSF (United States Soccer Federation) can use the FAUC (Swiss Federal Act on Unfair Competition) in a collateral challenge to enjoin the QFA (Qatar Football Association), allowing bids to be re-opened for the next FIFA (Fe´de´ration Internationale de Football Association) World Cup.
IN RE LARRY DOIRON INC.: REFRAMING THE MARITIME CONTRACT ANALYSIS.
...(4) As is common in the oil patch, the general terms of the MSC ... to transport cargo from a port in Australia to an inland city in Huntsville, Alabama in the ..., and welding services reviewed in prior cases. (90) The problem, according to Judge Davis, is ...
The Lessons of Lone Pine.
... of the nation's most prominent mass-tort cases--cases that have, collectively, resolved the ... canvasses these larger trends, reveals a common thread that connects these seemingly disparate ... invention recently imported from Australia. It describes a procedure whereby both sides' ...
SYMBIOSIS OF MISOGYNY AND VIOLENT EXTREMISM: NEW UNDERSTANDINGS AND POLICY IMPLICATIONS.
... academics have documented, and in some cases quantified, the impact that women's leadership ... male dominance," rather than the more common understanding of individual hatred or hostility ...The Victorian Police in Australia announced last year that they would treat ...
Recognition and enforcement in cross-border insolvency law: a proposal for judicial gap-filling.
... [United States] and Canada share the same common law traditions and fundamental principles of law. ...Principles of comity in chapter 15 cases support enforcement of the Canadian Orders in the ...) Designated countries include Anguilla, Australia, the Bahamas, Bermuda, Botswana, Canada, the ...
The Reciprocal Oversight Problem
Sovereign ratings are designed to mitigate investors' risk exposure by highlighting the fiscal condition of governments. The problem is that sovereign ratings entail reciprocal oversight of rating agencies and sovereign governments—which raises conflicts of interest and, ironically, creates incentives for distorted risk assessments. Private rating agencies hold sovereign governments accountable...
- What the Frack Shale We Do? A Proposed Environmental Regulatory Scheme for Hydraulic Fracturing
- Tidying up the Internet: Takedown of Unauthorized Content under Copyright, Trademark, and Defamation Law
Test Data Protection: Different Approaches and Implementation in Pharmaceuticals.
... confirms that such failed efforts are a common occurrence. Thus, the data lends validity to the ...3. Waiving data-exclusivity protection in cases of compulsory licensing: In case of the issuance ... to Pharmaceuticals? The United States-Australia Free Trade Agreement, 14 Pac. Rim. L. & Pol'y J. ...