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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
While most legal commentators believe the battle over abortion is about to shift decisively from the Supreme Court to state legislatures, recent legislative developments are spotlighting the prospect that conservative religious pro-life state lawmakers won’t so easily let the Court leave the...
Persistent link: https://www.econbiz.de/10013294388
The forfeiture rule is “the rule of public policy which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing”. Section 33A of the Wills Act 1837 (applicable to deaths on or after 1 February 2012) provides that...
Persistent link: https://www.econbiz.de/10013245824
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 work continues a larger project that supplies a detailed account of, and engagement with, important aspects of what transpired during the Supreme Court phase of the litigation in the LGBT Title VII sex discrimination cases. The larger project provides a deep context for understanding the...
Persistent link: https://www.econbiz.de/10013246415
Persistent link: https://www.econbiz.de/10014261502
This Article, forthcoming in the American Journal of Comparative Law, assesses how Chinese intestacy laws augment and redress wealth inequality. In 2021, China’s first civil code took effect, reforming among other things the decades-old Succession Law. Focusing on the intestacy rules (the...
Persistent link: https://www.econbiz.de/10014265093
At a moment when Australia -- and the world -- finds itself at a 'critical juncture' as it reckons with a global pandemic as well as the inequalities that COVID-19 has laid bare, voicing -- and listening to -- critical tax perspectives has become more vital than ever. The economic impact of...
Persistent link: https://www.econbiz.de/10014244511
Today’s record levels of economic inequality are infecting our future as the top 0.01% bequest vast wealth to their descendants. With the death of the Rule Against Perpetuities (RAP), this inequality has the potential to harden social class lines not just for a generation or two but forever....
Persistent link: https://www.econbiz.de/10013240896
In common with much of the world, the populations of both England and Hong Kong are ageing. One of the most important questions of our age is therefore how to allocate the burdens of providing and funding the care that increasing numbers of people are likely to need. Another vital question...
Persistent link: https://www.econbiz.de/10014103991