Law Essays

The establishment clause and the wall of separation have been milestones in the establishment of a secular rule of law that allows individuals to freely exercise their ideological rights. The supreme court indicated that pursuant to its interpretation of the establishment clause that we would have a neutral government.

The Islamic law is the main body of the legal rules of the Muslims, which is in Quran and Sunna. The Islamic finance involves the transactions that follow the set Islamic laws and principles. The Islamic finance is also termed as the sharia finance.

State intervention in matters relating to the conduct of business is not a new concept. Under this jurisdiction, the general rule is that freedom to trade or conduct business cannot be curtailed or restrained unless the transaction is fraught with unreasonable conditions or contrary to law and public policy. 

‘The World Trade Organisation (WTO) and its predecessor the General Agreement on Tariffs and Trade (GATT) “was mainly established to promote international commerce without any barriers. It has been estimated that both the GATT and WTO have encouraged international trade and it has increased world imports about US3 trillion in 2000 alone or by about 44% It is claimed that WTO has been successful in trimming down the barriers to trade and especially in clothing ,textiles, and agricultural sectors .

For decades, the proliferation of gangs in prison has disturbed correctional institutions (Knox, 2005). Sykes and Messinger (1960) studied the traditional inmate code in which they identified five main principles. First, inmates are not to interfere with other inmates, a rule which places a premium on "minding your own business."

The author says that many governments have developed different policies and laws that govern the acceptance and handling of immigrants. Wexler widely studied that the laws vary from one country to another and the judicial involvement in cases pertaining to such topics also varies from one country to another.

Moreover the WTO’s Most Favoured Nation (MFN) doctrine has enabled developing countries to gain access to some sectors in other WTO countries without having to reciprocate. Even so the reduction of tariffs and non-tariff trade barriers in some sectors that are of significant interest to developing countries have been insignificant.

Dispute Resolution and “The Merchant of Venice”. Shakespearean literature has been long commended by scholars for its incorporation of legal discourse into its plot structures that further paves way for interdisciplinary study of law. Practically all of Shakespearean texts are known to have tangential relation and relevance to legal practice; however, the substance of this prose will focus on the plot structure of “The Merchant of Venice” and assess the dispute resolution tactics that could have been effective in dealing with the conflict.

The author describes that Timothy Evans, an illiterate but an able driver with mental instability made an unprovoked visit to Merthyr Police Station on 30 November 1949 and voluntarily confessed to having disposed of his wife’s body down a drain outside his home at 10 Rillington Place, North London.

The wrongs committed to innocent people vary from trivial to serious matters. Therefore, the purpose of justice is to find a middle ground with the aim of building consensus on both the less sensitive and more sensitive issues in a fair way (William, 2011). The federal government has established various departments and structures.

In a desperate attempt to bridge budget deficits, federal and state legislatures have aimed their taxing powers toward something more socially pernicious and sinister: sumptuary taxes. Sumptuary tax, also known as a sin tax, is a form of taxation that imposes an additional charge on culturally disfavored products such as cigarettes, liquor, and gambling.

Arrigo and Milovanovic (2009, p. 9) state, “Traditional phenology refers to the systematic study of penal systems, including consideration of their abolition”. In this paper, we will discuss different issues related to penologies, such as crime and punishment, correctional system, crime prevention and criminal justice system in order to get a deep understanding of penology.

Why is the conviction rate for rape so low in the United Kingdom? Rape is an infamously difficult crime to investigate for a number of reasons. Perhaps the main reason is that there is often little or no physical evidence, as there are in other crimes, leading to a situation where the trial is essentially reliant on the word of two separate individuals.

The Jurisprudence of Islamic questions normally concerns what they call the next world, which are rules that concern the world of worship. These rules are divided into punishments, domestic relations, and obligations. However, Allah is said to have declared the continuity of the world to the appointed time, which can only be possible by procreation

China has one of the oldest legal institutions in the world and has created its legal system using a combination of traditional Chinese and Western approaches during the 20th and 21st century. Confucian philosophy has been the base of China’s legal system.

USA vs. Nixon case in fact created a history in terms of discretionary power of the President of the United States of America. The larger bench which comprised of 8 judges of the apex court led by Chief Justice Warren E. Burger unanimously held the then President Nixon responsible for Watergate scam and restricted the unbridled power of the President of America (Kutler 508).

From the research it is clear that the various available ranges of takeover defense strategies and the deal protection measures, and their legal applicability provides the US board of directors of target firms the power to yield control over each takeover deal and aim to derive higher premiums for the firm’s shareholders when compared to their UK counterparts.

It is essential to state that we do not need another book for the constitutional revolution of the 1930s. The history of that happening has been invested a couple of times from different perspectives, and there is so much that is universally agreed that it is unlikely that new things and ideas will emerge.

This paper shall now discuss the effectiveness of the instruments used to promote corporate social responsibility (CSR) in the UK and in the international banking sector. Those who have been defending the voluntary approach to CSR have pointed out that banks have to prescribe new self-regulatory rules.

Would Islamic Finance have Prevented the Current Global Financial Crisis? Islamic financial institutions in the Gulf Corporate Council (GCC) states performed relatively well during the global economic crisis of 2008-2009.1 The successful performance of Islamic financial institutions in the GCC states is attributed to sustained growth, a conservative prudential regulatory framework and the implementation of fundamental Islamic ideology.2 It has been argued that the primary cause of the 2008-2009 global financial crisis was a lack of discipline in the market which essentially gave way to high risk behaviour culminating in a crisis of unprecedented proportions.

This essay discusses that concerted activity is any activity by individual workers who are united in an effort to further a common concern in regard to any term or condition of employment. One of the key determinants of concernment of a worker’s activity is that the action must be engaged in with or on the authority of other employees.

According to the paper, the laws, pertaining to the intellectual property protection, can be observed to encourage innovation in the developed economies. On the other hand, it is likely to create negative impacts on the dependent developing economies due to the effect of globalization and international trade relations.

The main question for Contemporary Caravans Ltd with respect to Nathan Noble, Ideal Homes and Homeward Abound is whether or not the offer and acceptance were complete to such an extent that valid and binding contracts were formed. As for Right On Residences, the legal issue for determination is whether or not Contemporary Caravan is at liberty to unilaterally vary the terms of the contract under the doctrine of promissory estoppel.

Comparative Environmental Law on Oil Spills There has been increasing public concern over oil spills in the recent years. Contemporary environment is facing many challenges regarding different forms of pollution. It is undisputable that oil pollution resulting from oil spillages is a significant threat to both aquatic and non-aquatic life either directly of indirectly.

The protesting people were simply victims of poverty and they expressed their anger against the growing inequality in Britain. Throughout England, it caused disruptions in work and created immense disturbances. Although common people have shown sympathy for the protestors the justice system of the Nation has appealed for their punishment.

This essay discusses that one of the established exceptions to the requirements of a warrant and probable cause in a search is that such search was conducted with the consent of the accused. However, such consent must not be coerced by implied threat or covert force, either by explicit or implicit means.

Why Islamic Financial Institutions Need Improved Corporate Governance Legal Framework. Islamic financial institutions have been feeling the effects of the recent global financial crisis. For instance, the Ihlas Finance House located in Turkey, the Islamic Bank of South Africa and the Islamic Investment Companies in Egypt have suffered closures.

The right to due process under the law and rule of law are legal principles highly valued worldwide by freedom-loving peoples like the United States of America. They are important principles that people in a democracy have fought since time immemorial in democratic states. Those charged as criminals are presumed innocent.

Primarily speaking, International Law may be defined as the body of laws, precepts, and regulatory principles that govern relationships between states on the world stage. As states interact with each other in worldly affairs, a political, economic, or financial business situation may be created whereby there is a disagreement or difference of viewpoint or even rules of conduct.

Classical trade theories involve inquiring into and identifying explanations for a trade patterns, trade policies and the “welfare consequences of various trade policy instruments”. David Ricardo, a 19th century economist developed the theory of comparative advantage which is a basic trade theory that informs and explains trade patterns indicative of liberalization.

Appellant’s argument focused on his assertion that the Senior Judges misinterpreted the word “inability” and that the conduct of the administrative inquiry against him was marred by procedural impropriety. The appellant pleaded for the narrower interpretation of the word “inability” to which he asserts only pertains to “unfitness through illness”.

This study looks into corruption as the ‘abuse of public office for private gain’. It refers to the malpractice of taking undue advantage of an existing system for catering to some personal requirement. Governments of different countries have introduced various public service programs for the benefit of the local population, especially the poor section of society

It receives substantial funding from Sagoland’s Ministry of Environment geared to promote activities having as their objective and effect to reduce the demand for wares sourced from another Member State. The measures were attributable to the Sagoland primarily because APA initiated the Animal Protection Mark (APM) at the behest of the Sagoland.

This paper attempts to trace the role that case law has played in the legal systems of Germany, France and the United States with respect to the development and evolution of human rights. This paper shall also look into some of the more important and landmark decisions made in the respective jurisdictions and evaluate the degree to which these decisions have impacted on human rights.

According to the research findings the CJEU was of the view that though the legal protection under Trade mark Act was limited to preventing imitation that misleads consumers on this point but in contemporary days, a trade mark is regarded as an expensive asset in its own right and needs efficient safeguard on larger area including investment, advertisement and essential function.

This paper presents brief history of the concept of ecological modernization, characteristics of ecological modernization, environmental policies and its progress overtime, Regulatory Capitalism, reflexive law, ecological modernisation and environmental policies, success and failure of ecological modernisation.

The research brief reveals that there are a number of possible claims under the ambit of occupiers’ liability together with damages under the egg shell skull rule and for nervous shock. Possible defenses of, remoteness of damages, contributory negligence and volenti no fit inujuria may also apply to the possible claims.

This essay discusses that deliberative democracy recognizes that there are certain fundamental truths which should govern all reasoned discourse, these fundamental truths being such aphorisms as respect for others. In this way, deliberative democracy may benefit both state liberal societies and the international stage, which retains many of the elements of a liberal society.

The paper tells that the idea behind the ticking bomb scenario is to brain storm on the methods of torture adopted inflicted upon suspects by the law enforcing agencies of the country to extract information irrespective of the matter whether such acts have valid justification and legality. Every one of us knows that torture in any form or shape is prohibited under local law / international law in most of the countries around the globe.

The researcher of this paper intends to discuss extensively the obstacles in claiming to bring private actions for enforcing EU competition law. Focus of the following research will also be upon some major development in three of the Member States namely Germany, United Kingdom and Italy.

This essay discusses that the notion of business law started to evolve with the beginning of human society. Law has been viewed as the precondition for the existence of society. The notion of law has been in its primitive form has been the use of brute power. In this form one individual controls all other individuals with his power and strengths.

From the discussion it is clear that Kernott v Jones has provided clarity to property ownership of unmarried couples. The case shaded light on how the case such as that involving Mr Kernott and Ms Jones should be handled in the future. It also brought a different approach of imputation and inferring into perspective to cases of such nature.

Essay Topic: “Equality law has failed if it has simply produced a collision between competing equality strands. There must be better ways of resolving conflicts between faith-based and sexuality-based equality rights.” Discuss in the light of recent British case-law and wider international academic debate.

This paper is about the stress management in the law enforcement organizations acknowledging the fact that the law enforcement officers are highly expected by the public as the strong personalities who do not undergo stress that would adversely affect their capability to protect the common citizens.

The employers choose to provide certain compensation payments to the terminated employees. In the case of collective redundancy, the employers must inform the trade unions whether they would be providing such compensation payments. If yes, they also need to inform about the amount to be provided so that the dismissed workers can be informed accordingly.

This essay discusses that it is at the present commonly accepted that Article 82 is to defend customers rather than its present contestants in the market and this needs defend the competitive procedure from foreclosure. Arbitration in Article 82 nevertheless engages difficult problems connecting to definition of market, the determination of ascendancy, and the meaning of mistreatment.

It is evident from the study that the health risks primarily already create a cogent reason for the avoidance of marijuana, but the myriad social risks should be taken into consideration as well. While the benefits of marijuana cannot be discounted, these benefits pale in comparison to costs and drawbacks of prolonged marijuana use over time.

Historically feminists have criticised marriage characterising it as patriarchal in nature and facilitating the “social oppression” of women.1 Even today although to a lesser extent, the institution of marriage continues to represent male dominance and female subjugation in a patriarchal society.2 Feminists have attacked the traditional patriarchal structure of marriage and have both advocated for and influenced more egalitarian marital constructs, where both parties equally share responsibilities within the home.3 With the ongoing and intensifying debates and movements toward same-sex marriages, observers and academics alike have linked same-sex marriage to gender equality and thus a me

Workplace Discriminations. Workplace discriminations are growing everywhere in the world and the case of United States is also not an exception. Discriminations with respect to sex, gender, age, religion, race etc are usually taking place in majority of American workplaces.

From the discussion, it is concluded that people should have the authority to use their brains, their thoughts and creativity in order to solve their problems, make products and ultimately sell it, not leashed by some monopolies which work for their own benefits. This should be the real meaning of intellectual property rights.