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We have found that integrating spiritual values and principles with traditional law school courses enriches both teacher and student, yielding a lawyering product that is priceless to society. This article focuses on three key areas. Section I, the most critical part of the article, consists of...
Persistent link: https://www.econbiz.de/10012920274
This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law...
Persistent link: https://www.econbiz.de/10012932516
The Tulsa Race Massacre was and remains a dark and tragic disgrace for Oklahoma and the entire United States. Black citizens were killed, thousands were left homeless, and 35 blocks of the wealthy community known as Black Wall Street were burned to the ground during the attack. The accumulation...
Persistent link: https://www.econbiz.de/10013214904
What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...
Persistent link: https://www.econbiz.de/10012849521
The problem of the beneficial ownership of the family home has troubled courts throughout the common law world. It has proved extremely difficult "to unravel the tangled skein of human association, and apply to it considerations of legal principle." The Irish courts have had an unusually rich...
Persistent link: https://www.econbiz.de/10013245936
Post-award reliefs in the arbitral process include, inter alia, requests for correction, interpretation, and additional awards. These remedies have been conceptualised as a result of the understanding that even final awards may be contaminated by errors and oversights. The option to apply for...
Persistent link: https://www.econbiz.de/10013246410
This short paper focuses on the problem of reference class in evidentiary assessment as it relates to probability and weight of evidence. The reluctance to inject mathematical formalism into the factfinding function is justified. Objective probability requires a reference class from which a...
Persistent link: https://www.econbiz.de/10012750370
The contribution is based on an earlier article, 'Reshaping Commonwealth Caribbean Jurisprudence: From Pratt and Morgan to Joseph and Boyce' (2007) 32 (2) West Indian Law Journal (forthcoming). That article traces the continuity between the Privy Council decision in Pratt and Another v the AG...
Persistent link: https://www.econbiz.de/10012721099
In the hundred years before the United States Supreme Court declared miscegenation statutes unconstitutional in Loving v. Virginia, state courts decided thirteen recorded race-based annulment cases. This article presents a unified analysis of all race based annulment cases for the first time....
Persistent link: https://www.econbiz.de/10014218775
In the modern media age, the number of media venues, along with the types of information and programming those venues carry, is exploding. Nowhere is that explosion more evident than with the Internet. On the positive side, the Internet offers a wealth of information and communications...
Persistent link: https://www.econbiz.de/10014219189