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In the most recent few years, customary international law is increasingly crystalizing to affirm that states must grant nationality to children born in their territory, if they would be otherwise stateless. In prior scholarship, this author has argued that such a norm of a customary...
Persistent link: https://www.econbiz.de/10013293837
This chapter considers the landmark status of the House of Lords in Thorner v Major [2009] UKHL 18, understanding it as an example of story-telling in the law. The chapter explores the issues surrounding the equitable doctrine of proprietary estoppel, as it applies in particular in the context...
Persistent link: https://www.econbiz.de/10012826375
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
This article addresses the approach of the law of equity to the problem of third party undue influence in the context of bank guarantees. It considers the decision of the Irish High Court in Ulster Bank v Fitzgerald and its relationship to the approach of English law, as represented by Barclays...
Persistent link: https://www.econbiz.de/10012984000
This article considers the new Irish legislative scheme for cohabitants, contained in Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The article discusses the background to the legislation, noting the increase in the prevalence of cohabitation in...
Persistent link: https://www.econbiz.de/10012984004
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
The International Trade Commission (ITC) has power under Section 337 of the Tariff Act to investigate goods that are being imported unfairly and are affecting a domestic industry. One type of unfair import is a good that violates U.S. intellectual property rights, including patents. Section 337...
Persistent link: https://www.econbiz.de/10014081394
In the early morning hours of June 12, 2016, a hate-filled man calmly opened fire on the patrons of the Pulse nightclub in downtown Orlando, Florida. Over the next three hours, he killed 49 men and women who had been celebrating Latin Night at the gay club. Fifty-three persons were wounded. The...
Persistent link: https://www.econbiz.de/10012968096
Employers and employment systems have been inflexible when it comes to accommodating a woman’s dual role as childbearer and employee. This inflexibility is a frustrating inconvenience and harsh reality that women must confront daily. Women are being passed over for promotions, fired for...
Persistent link: https://www.econbiz.de/10013292146
This article will assess whether the changes in asylum-seeker movement over the most recent ten years to more significantly involve new states, such as the conflicts in Syria and Ukraine, may be bringing about changes in how we assess customary international law on refugee law. The recent...
Persistent link: https://www.econbiz.de/10013293734