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This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...
Persistent link: https://www.econbiz.de/10014108462
A fundamental tenet of our criminal legal system is “proportionality”, the principle that more severe crimes are punished to a greater degree than less severe crimes. Despite this commitment to proportionality, determining how criminal penalties relate to one another is often difficult or...
Persistent link: https://www.econbiz.de/10014346204
In the late 1820s, when British Home Secretary Sir Robert Peel introduced legislation into the British parliament to create the very first police department, the phrase that the ‘police are the public, and the public are the police' was developed to allay public fears that the new institution...
Persistent link: https://www.econbiz.de/10013012661
The contributions of Foster (2005) and Halgreen (2004) are the latest in a series of debates, discussions, conferences, and academic scholarship on the subject of United States (US) and (or versus) European Union (EU) sport policy. In the context of international relations and foreign policy,...
Persistent link: https://www.econbiz.de/10014201961
Regulation is often casually conceived of as functioning like a binary on/off switch: as if an area, issue, or industry is either regulated or not. While this binary model of regulation can be useful, it also decontextualizes regulatory decisions from their position in time, and thus obscures...
Persistent link: https://www.econbiz.de/10014037404
Persistent link: https://www.econbiz.de/10013106757
This paper analyses the dynamics of personal insolvencies in Germany and the UK, focusing on the recent recession. These countries are particularly interesting as they are both member countries of the European Union, yet have completely different approaches to deal with overindebted individuals....
Persistent link: https://www.econbiz.de/10011420671
Trusts are an important institution to be studied in law for various reasons. Both jurisprudentially as well as from a perspective of taxation, trusts affect the making of rules. From a practical perspective, trusts are also an essential attribute for people to make things work and charitable...
Persistent link: https://www.econbiz.de/10012709145
This Article uncovers the history of a long-forgotten English court system, the “fire courts,” which Parliament established to resolve dispute between landlords and tenants in urban areas destroyed in catastrophic fires. One of the fire courts' remarkable features was the delegation of...
Persistent link: https://www.econbiz.de/10012999183
Criminal behaviour always takes place within a context. The project MAVUS, which stands for Method for Assessment of Vulnerability of Sectors, deploys a method to measure the vulnerability of economic sectors to organised crime. MAVUS observes contexts, scanning for vulnerabilities...
Persistent link: https://www.econbiz.de/10014212868