THE CHAPTERS IN this collection, written in honour of David Vaver by friends, colleagues and former students, all relate to intel- lectual property and the common law. The idea of the ‘common law’ is understood primarily to refer to the family of legal systems of the so-called ‘common law countries’—including, Australia, Hong Kong, India, the Republic of Ireland, Israel, Malaysia, New…
The Legislative Guide on Insolvency Law was prepared by the United Nations Commission on International Trade Law (UNCITRAL). The project arose from a proposal made to the Commission in 1999 that UNCITRAL should undertake further work on insol- vency law, specifically corporate insolvency, to foster and encourage the adoption of effec- tive national corporate insolvency regimes. An exploratory m…
I must have been forty years old before reading Frederic Bastiat’s classic The Law. An anonymous person, to whom I shall eternally be in debt, mailed me an unsolicited copy. After reading the book I was convinced that a liberal-arts education without an encounter with Bastiat is incomplete. Reading Bastiat made me keenly aware of all the time wasted, along with the frustrations of going…
In a nation, the law can serve to (1) keep the peace, (2) maintain the status quo, (3) preserve individual rights, (4) protect minorities against majorities, (5) promote social justice, and (6) provide for orderly social change. Some legal systems serve these purposes better than others. Although a nation ruled by an authoritarian government may keep the peace and maintain the status quo, i…
This Article examines the history of the regulation of risk management in the banking industry. Despite the centrality of risk management to contemporary banking law and regulation, its fundamental precepts have largely escaped scrutiny. This Article first summarizes what it means to manage risk and then contrasts a traditional story of risk management regulation with an alternative story.…
In October 2001, President George W. Bush authorized the National Security Agency (“NSA”) “to intercept the international communications of people with known links to al Qaida and related terrorist organizations.”1 Four years and two months later, news of the program became public. Attorney General Alberto Gonzales defended the Commander-in-Chief’s power to ignore warrants otherw…
The Hamlyn Trust came into existence under the will of the late Miss Emma Warburton Hamlyn, of Torquay, who died in 1941 at the age of eighty. She came of an old and well- known Devon family. Her father, William Bussell Hamlyn, practised in Torquay as a solicitor for many years. She was a woman of strong character, intelligent and cultured, well versed in literature, music and art, and a lover …
The Society, at its Annual Meeting, shall elect, by ballot, a President, two Vice-Presidents, Corresponding Secretary, Recording Secretary, Treasurer, Librarian, and five Censors, who shall together constitute an Executive Committee, to whom shall be intrusted the general business of the Society when it is not in session; the appointment of all standing committees, and such other committees as …
Thoughtful people disagree about the proper role of the news media. Some believe that journalists should support government and supply the public only with information the government deems appropriate. Some believe the press instead should be the government’s watchdog, searching out and reporting on abuses of power
Administrative law is the bye-product of the growing socio-economic functions of the State and the increased powers of the government. Administrative law has become very necessary in the developed society, the relationship of the administrative authorities and the people have become very complex. In order to regulate these complex, relations, some law is necessary, which may bring about regula…
The word “law” is generally associated with the word “rules.” McInnes, Kerr, and Van Duzer provide a simple definition of law as “a rule that can be enforced by the courts.”2 Similarly, Yates defines law as “the body of rules that can be enforced by the courts or by other government agencies.”3 DuPlessis and O’Byrne define law as “a set of rules and principles intended to gu…
The Council on Foreign Relations (CFR) is an independent, nonpartisan membership organization, think tank, and publisher dedicated to being a resource for its members, government officials, business executives, journalists, educators and students, civic and religious leaders, and other interested citizens in order to help them better understand the world and the foreign policy choices facing th…
On 4 August 2011, a young black man was shot dead by police officers in the north London area of Tottenham. The shooting of Mark Duggan, as well as the way in which it was handled by the Metropolitan Police and Independent Police Complaints Commission, triggered a series of riots that spread like wildfire across the cities of England. As with the disturbances in the northern English towns in …
People go to court for many reasons. One of the big reasons people go to court is to ask a judge to help them when someone hurts them. Or they may have a disagreement with someone and need a judge to tell them what to do. Or sometimes a person gets in trouble with the police and ends up in court. There are many different courts located in New York City. Some courts handle only certain kinds of…
The study of business law and, more generally, the legal environment of business has universal applicability. A student entering any field of business must have at least a passing understanding of business law in order to function in the real world. Additionally, students preparing for a career in accounting, government and political science, economics, and even medicine can use much of the inf…
Before the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”), the decision as to whether an alien was subject to deportation proceedings or exclusion proceedings was based on whether or not the alien had made an “entry” into the U.S. An alien who had made an entry was entitled to a deportation hearing and the greater procedural safeguards it…
The Internet has now become all-encompassing; it touches the lives of every human being. We cannot undermine the benefits of Internet, however its anonymous nature allows miscreants to indulge in various cybercrimes. This is a brief tutorial that explains the cyber laws that are in place to keep cybercrimes in check. In addition to cyber laws, it elaborates various IT Security measures that ca…
The intellectual history of the law of evidence, according to Professor W. Twining, “reaches back to classical rhetoric and has fascinating ramifications for the philosophy of knowledge, debates about proof of the existence of God, the emergence of theories of probability and the development of modern psychology, forensic science and several other fields”.1 This reflection on the entelech…
The system of registering land dates back to the earliest times. In the year 3000 BC the Egyptians already had a form of land registration. Towards the end of the middle Ages in some areas of the Netherlands, the practice arose of transferring the right of ownership of immovable property by registration before a court in the region in which the land was situated. On 10 May 1529 Emperor Charles …